Canada Spouse Visa

In Canada, immigration is permitted for the spouse, common-law or conjugal partner of a permanent Canadian resident through a system of sponsorship, allowing them to migrate to Canada without requiring a work permit and with no points based skills assessment as would be the case with a Canadian business visa or a Federal Skilled Worker visa.

In this arrangement, a Canadian citizen or a person with Canadian permanent resident status currently living and working in Canada may agree to sponsor the applicant for a period of between three and ten years until they establish themselves in the country.

If you are interested in migrating to Canada, Immigration consultants at Indya Pulse can help you to establish whether you qualify for this Canadian immigration service. As a specialist Canadian immigration consultancy, we can offer immigration lawyer advice and a wide range of Canadian visa services, helping you to navigate the different classes of Canadian visas and work permits for Canada. Visa applications can be monitored throughout the process and our comprehensive immigration services can ensure that you obtain the most appropriate visa for your relocation to Canada.

Benefits

Relocating to Canada under this kind of sponsorship allows an applicant to seek and undertake employment in the country without any restriction. Whereas applying for a Canadian work permit would depend upon a specific offer of employment, candidates being sponsored are free to live and work in Canada as they see fit. In addition, the Canadian business visas, which make up the Business Immigration Program impose points based skills evaluations upon applicants. Skills based routes such as Federal Skilled worker visas, much like the Highly Skilled Migrant Programme or HSMP in the UK require applicants to reach a minimum points threshold in order to qualify. No such requirement is imposed upon sponsored partners although certain requirements, outlined below must be satisfied.

Unlike temporary Canada visas for short-term entry clearance such as the Canadian visit visa, often known as a tourist visa, or travel visa, which are issued for a strictly limited duration, Canada visa applications for family immigration through this route offer a path to permanent residency. Successful applicants will become permanent residents and after a minimum residency requirement of three years, may be able to apply for Canadian citizenship.

Eligibility

The requirements of family immigration sponsorship differ according to whether the applicant in question is the spouse, common-law partner or conjugal partner of the Canadian citizen or holder of Canadian permanent residence as outlined below:

Spouse

Where marriages took place in Canada, a marriage certificate issued by the province or territory will be required. For marriages occurring outside Canada, the marriage must be valid under Canadian law and the law of the country in which it took place.

Sponsoring a same-sex partner as a spouse

Sponsoring a same sex partner under the spouse immigration rules is permissible if your marriage certificate was issued on or after the following dates in these provinces.

• British Columbia (July 8, 2003)

• Quebec (March 19, 2004)

• Manitoba (September 16, 2004)

• Newfoundland (December 21, 2004)

• New Brunswick (July 4, 2005)

• Nova Scotia (September 24, 2004)

• Ontario (June 10, 2003)

• Saskatchewan (November 5, 2004)

• Yukon (July 14, 2004)

• All other provinces/territories (July 20, 2005).

If your marriage took place outside Canada, applications are accepted providing that the marriage is legally recognised in both Canada and the country in which it took place.

Common-law partner

If you wish to sponsor your common-law partner of the same or opposite sex to immigrate to Canada you will need to demonstrate that you have been living together continuously for a period of at least a year.

Conjugal partner

The conjugal partner Canadian immigration route is intended to be used only in exceptional circumstances where parties are unable to qualify for spouse or common-law partner immigration through circumstances beyond their control. This route for immigration to Canada is valid for same sex or opposite sex partners, however, it must be demonstrated that the relationship is one of mutual dependence, and commitment.

Conjugal partner applications may be made in the following circumstances.

• The relationship has existed for at least a year.

• Marrying or living together has been prevented due to an immigration barrier.

• Marrying or living together has been prevented due to marital status, for example, you are living in a country where divorce is not permitted.

• Marrying or living together has been prevented because you are in a same sex relationship in a country where same sex marriage is not permitted.

• Evidence can be provided that an impeding factor has influenced the relationship, for example, long-term visits in each other's home country have been refused.