Immigration to Canada Through Marriage
Immigration to Canada through marriage requires meeting certain conditions, which are as follows:
- Be over 18 years of age
- Proof of legal marriage
- Be sponsored by a Canadian partner for your spouse
- Demonstrate your ability to communicate in English or French
- Be a Canadian citizen or permanent resident
- Provide documentation to prove your relationship (photographs, letters, etc.)
- Have sufficient financial means and income to cover your and your foreign spouse’s living expenses
Immigration to Canada through marriage offers a simpler path to permanent residency and citizenship. Sponsored spouses can live, work, and study in Canada, enjoying its high quality of life. Processing typically takes 12–18 months. To qualify, a Canadian citizen or permanent resident must sponsor their spouse and commit to financial support during the process.
If after reading this article, you have any questions or uncertainties regarding immigrating to Canada, you can contact the Malekpour Immigration Institute for a free initial consultation. In the comments section, you can raise your questions and receive answers in a short time.
Advantages of Immigration to Canada Through Marriage
Immigration to Canada through marriage offers benefits to individuals, some of which are mentioned below:
- High quality of life in Canada
- Equal rights and maintaining permanent residence status
- Support for spouse and dependents
- Access to health care and social services
- Opportunities for work and education
- Integration into Canadian society
- Opportunities for family support
- Easier path to Canadian citizenship
Conditions for Immigration to Canada Through Marriage
Specific conditions for immigration to Canada through marriage are defined by this country. These conditions are as follows:
- Applicants for immigration to Canada through marriage; both parties must be at least 18 years of age.
- The marriage must be legally recognized in Canada and the country where the marriage took place.
The Canadian partner must sponsor their spouse to immigrate to Canada through marriage. - The sponsor for immigration to Canada through marriage must be a Canadian citizen or permanent resident of Canada.
- The applicant for immigration to Canada through marriage must undergo medical examinations and security checks as part of the immigration process.
- Both partners must provide evidence of a genuine and continuous relationship, such as joint bank accounts, joint life plans and communication records.
- The applicant for immigration to Canada through marriage may be required to demonstrate their ability to communicate in English or French, depending on the province in which they intend to reside.
- If the applicant for immigration to Canada through marriage has dependent children, they may also be eligible to immigrate to Canada as part of a family sponsorship application.
Documents for Canadian Marriage Visa
Generally, the essential documents for immigration to Canada through marriage include the following:
- Marriage certificate
- Passport
- Identity card
- No criminal record
- Certificates of medical examinations
- Documents proving financial ability
- Application forms for sponsorship by Canadian spouse
- Documents proving relationship (photograph, letter, etc.)
- Immigration application forms
- English language proficiency test results (if required)
- Any other relevant documents requested by Canadian immigration authorities
Steps to Immigrate to Canada Through Marriage
The steps that must be taken to immigrate to Canada through marriage are as follows:
- It must be ensured that the Canadian applicant is eligible to sponsor their spouse in Canada. Therefore, it is essential to prove that the marriage is genuine and was not entered into solely for the purposes of obtaining immigration status to Canada.
- Your spouse, who is a citizen or permanent resident of Canada, must take action to sponsor you for permanent residency in Canada. They must demonstrate that they can support you and any dependents financially and that they do not receive social assistance themselves.
- After the approval of the Canadian spouse sponsorship application, it is possible to apply for permanent residency in Canada. Documents such as a marriage certificate, identity documents, medical examinations, and a clean criminal record will be attached to this application.
- The processing time for spouse sponsorship applications may vary. However, it typically takes several months to up to a year to process the application.
- In some cases, as part of the application process, the individual may be asked to attend an interview with an immigration officer.
- If the applicants’ request is approved, the spouse will receive permanent residency in Canada and can live and work in this country.
Marriage Laws in Canada
In Canada, marriage regulations are governed by the Federal Marriage Act and individual provincial and territorial laws. The legal conditions for marriage in Canada include:
- In most provinces and territories, the minimum age for marriage is 18 years. However, in some provinces, individuals under 16 can marry parental consent.
- Both parties must freely and willingly consent to the marriage without any coercion or pressure.
- The marriage ceremony must be conducted by a licensed religious official or a marriage commissioner.
- A marriage license must be obtained from the local government office before the wedding can take place.
- In most provinces and territories, at least two witnesses must be present at the wedding ceremony.
- If one of the parties has been previously married, they must provide proof of divorce or annulment before remarrying.
- Same-sex marriage has been legal in Canada since 2005, and similar regulations apply to same-sex couples.
It is important to note that these regulations may vary from one province to another, so it is advisable to consult with the local government office or a legal expert for specific conditions in a particular area.
Canadian Marriage Visa Application – Inland or Outland
There are two types of sponsorship for applying for a marriage visa in Canada: Inland and Outland. Inland sponsorship is for couples who are already living together in Canada, while Outland sponsorship is for couples who live apart in different countries, either because the sponsored spouse is outside Canada or because they live in different provinces or territories within Canada.
The processing time and benefits for each type of immigration application may vary depending on your circumstances. For example, inland sponsorship may allow the sponsored spouse to apply for an open work permit while waiting for permanent residency decision, but it may take longer than Outland sponsorship.
Inland Marriage Conditions in Canada
It is important to note that these regulations are subject to change, so couples are advised to consult with their local government or marriage registration office for the most up-to-date information on marriage regulations within Canada.
- Age: In most provinces and territories, the legal age for marriage is 18. However, 16- or 17-year-olds may be able to marry parental consent or a court order.
- Marriage License: Couples must obtain a marriage license before they can get married. The process for obtaining a marriage license varies by province and territory, but usually involves submitting an application and paying a fee.
- Waiting Period: Some provinces and territories have a waiting period between the time a marriage license is issued and the time the marriage can be performed.
- Officiant: The ceremony must be performed by a qualified person, such as a religious leader or civil marriage officer.
- Witnesses: In most provinces and territories, at least two witnesses must be present at the marriage ceremony.
- Marital Status: Individuals must be legally single to get married. Divorced individuals may need to provide proof of their divorce decree, while widowed individuals may need to provide a death certificate for their former spouse.
Outland Marriage Conditions in Canada
In Canada, the regulations for Outland marriage applicants who wish to marry in Canada are as follows:
- Eligibility: Both partners must be at least 18 years of age and not have been previously married to another person.
- Documents: Overseas partners must provide valid identification, such as a passport or birth certificate, as well as any additional documents required by the Government of Canada.
- Marriage License: Overseas partners must obtain a marriage license from the local government office in the province or territory where they intend to marry.
- Waiting Period: Some provinces and territories have a waiting period between the time a marriage license is issued and when the wedding can take place, so overseas partners should check with their local government office for specific requirements.
- Legal Ceremony: The marriage ceremony must be performed by an authorized official, such as a religious leader or a civil marriage commission.
- Registration: After the wedding, overseas partners must ensure that their marriage is registered with the local government office to be legally recognized.
It is important for Outland marriage applicants to be familiar with the specific marriage laws in the province or territory where they intend to marry, as conditions may vary slightly depending on the location.
Cost of Obtaining Residency Through Marriage in Canada
The cost for spousal sponsorship for immigration to Canada is approximately CAD 1050. This amount only includes essential immigration fees:
| Service | Fee (CAD per person) |
|---|---|
| Sponsorship Fee | $75 |
| Application Processing Fee | $475 |
| Right of Permanent Residence Fee | $500 |
In addition, other fees related to the immigration process, including costs for obtaining documents, mailing fees, and immigration lawyer fees (if you wish to work with a lawyer) must also be considered.
Ways to Prove Marriage in Canada
In Canada, proof of marriage can be accomplished through various documents including a formal marriage registration, marriage certificates, and shared identification documents such as joint bank accounts, rental agreements, and bills.
Additionally, couples can provide evidence showing their cohabitation, such as photos, letters, or testimonies from friends and family, to support the validity of their relationship. These documents assist the relevant authorities in ensuring the relationship is genuine and enduring.
How Long Does Immigration to Canada Through Marriage Take?
The processing time for the immigration application to Canada through marriage may vary and depends on several factors. Generally, this time includes stages of reviewing the sponsorship application (spousal financial support), medical and security checks, and finalizing documents.
The processing time for spouse support applications in Canada was approximately 12 to 18 months, though the exact processing time may differ from one immigration case to another.
Marrying in Canada on a Tourist Visa
Marrying in Canada as a tourist or on a temporary visa is permitted as long as federal and provincial marriage laws are complied with. If you and your future spouse get married in Canada during your tourist visit, they can begin the sponsorship process for you to receive permanent residency, and you can stay in Canada while waiting for the processing of the sponsorship application.
Canada Fiancé Visa
Being engaged does not independently qualify you for spousal sponsorship. With this in mind, many couples in such relationships may currently qualify for immigration to Canada under other suitable categories such as spousal sponsorship. It is also possible to enter Canada on a tourist visa and go through the marriage process.
Is Sham Marriage Allowed in Canada?
Sham marriage in Canada is strictly illegal and considered a crime. This type of marriage is usually conducted with the intention to deceive immigration systems or gain financial benefits, and can result in severe legal consequences for the parties involved.
Canadian authorities carefully scrutinize and investigate marriages, and if sham marriages are identified, they may take legal actions including annulment of the marriage and immigration consequences. Therefore, any attempt to establish a sham marriage is not only unethical but also risky.
Frequently Asked Questions Regarding Canadian Residency Through Marriage
- Do individuals need a language certificate for immigration to Canada through marriage?
No. A language certificate is not required for the Canada partner visa.
- Does Canada have a fiancé visa?
No. Canada does not have a fiancé visa.
- Does immigration to Canada through marriage incur costs?
Yes. The government fee for the Canadian marriage visa is CAD 1050.
- Is it possible to immigrate to Canada through marriage with a tourist visa?
Yes. It is possible to get married in Canada on a tourist visa.
Conclusion:
In the article you read, the general conditions for immigration to Canada through marriage, the conditions for couples to apply for this immigration to Canada, the steps to complete this process and the necessary documents, as well as the costs required to complete this immigration process in Canada were examined.
To review your immigration conditions and the possibility of applying for marriage to immigrate to Canada, contact the consultants of Malekpour Immigration Institute to receive a free initial consultation. You can also write your comments or questions in the comments section so that our consultants will respond to them as soon as possible.
