How to Get a Canadian Visa for Your Spouse

Reuniting with your spouse in Canada is a life-changing experience, and if you’re a Canadian citizen or permanent resident, bringing your spouse to join you is possible through the Canadian spousal visa process.

Whether you are married, in a common-law relationship, or are living as conjugal partners, understanding the eligibility requirements, documents needed, and the application process is essential for a successful visa approval.

What is a Canadian Spousal Visa?

A Canadian spousal visa allows the spouse or common-law partner of a Canadian citizen or permanent resident to live and work in Canada. The visa is part of Canada’s Family Class Sponsorship program, which helps bring families together.

There are two main types of Canadian spousal visas:

• Outland Spousal Sponsorship: This type of visa allows the sponsor (the Canadian citizen or permanent resident) to apply for their spouse or partner to immigrate from outside of Canada. The application is processed by the visa office in the applicant’s home country.
• Inland Spousal Sponsorship: This visa allows spouses or common-law partners already living in Canada to apply for permanent residence from within the country. Inland sponsorship allows the applicant to stay in Canada while their application is processed.

Eligibility Criteria for a Canadian Spousal Visa

Both the sponsor (the Canadian citizen or permanent resident) and the applicant (the spouse or common-law partner) must meet specific eligibility requirements.

For the Sponsor (Canadian Citizen or Permanent Resident)

• Canadian Status: The sponsor must be a Canadian citizen or a permanent resident of Canada.
• Age: The sponsor must be at least 18 years old.
• Financial Support: The sponsor must prove they have sufficient income to support their spouse and any dependents. They must sign an undertaking to support the spouse for a minimum period of 3 years.
• No Criminal Record: The sponsor must not have any serious criminal convictions.
• Not Previously Sponsored: If the sponsor previously sponsored another spouse, they must demonstrate that they fulfilled their obligations under the previous sponsorship.

For the Applicant (Spouse or Common-Law Partner)

• Legal Marriage: The applicant must be legally married to the sponsor. Common-law relationships are also eligible if the couple has lived together for at least one year in a marriage-like relationship.
• Proof of Relationship: The couple must prove the relationship is genuine and not entered into for immigration purposes.
• Medical and Criminal Clearances: The applicant must undergo medical examinations and may need to provide a police certificate showing they have no criminal record.
• Age Requirement: The applicant must be at least 18 years old.

Documents Required for a Canadian Spousal Visa

The application for a Canadian spousal visa requires a wide range of documents. The following is a list of the most common documents you will need to submit for both the sponsor and the applicant:

For the Sponsor (Canadian Citizen or Permanent Resident)

• Proof of Canadian Citizenship or Permanent Residency: A copy of the sponsor’s Canadian passport, birth certificate, or permanent resident card.
• Proof of Relationship: Evidence that the couple is married or in a common-law relationship. This could include a marriage certificate, joint bank accounts, shared insurance policies, or photos of the couple together.
• Income Documents: Proof that the sponsor meets the minimum income requirements, such as recent pay slips, tax returns, or bank statements.
• Criminal Record Check: A police certificate to show the sponsor has no serious criminal history.
• Undertaking Form: A signed agreement to provide financial support for the spouse and children for three years after the spouse arrives in Canada.

For the Applicant (Spouse or Common-Law Partner)

• Marriage Certificate or Proof of Common-Law Relationship: Official documentation proving the relationship, such as a marriage certificate or proof of cohabitation for at least one year.
• Passport: A copy of the applicant’s valid passport.
• Medical Exam: A medical examination performed by a CIC-approved doctor.
• Police Certificate: A criminal background check from any country the applicant has lived in for more than six months in the last 10 years.
• Photographs: Passport-sized photos of the applicant.
• Proof of Relationship: Evidence such as phone records, social media conversations, and joint financial documents showing the relationship is genuine and not entered into for immigration purposes.

Application Process for a Canadian Spousal Visa

The process of applying for a Canadian spousal visa can be broken down into several key steps. Whether you’re applying through inland sponsorship or outland sponsorship, the steps are similar.

Step 1: Choose Your Sponsorship Category

Decide whether to apply through inland sponsorship or outland sponsorship. Your choice will depend on where your spouse is located and whether they are already in Canada.

Step 2: Gather Documents

Ensure that you have all the required documents for both the sponsor and the applicant. This is a crucial step in the application process, as missing documents can delay or even result in the refusal of your application.

Step 3: Complete the Application Forms

Both the sponsor and the applicant must fill out and sign several forms. These forms are available on the Immigration, Refugees, and Citizenship Canada (IRCC) website. Some common forms include:

• Application for Permanent Residence
• Sponsorship Agreement
• Family Information Form

Step 4: Submit Your Application

Once the forms are completed and documents gathered, submit the application to IRCC. You will need to pay the application fee and the right of permanent residence fee as part of your submission.

Step 5: Wait for Processing

Processing times for spousal visas vary, depending on whether you are applying inland or outland. Outland applications are usually processed faster, and the applicant can stay outside of Canada until the decision is made. Inland applicants can stay in Canada while their application is processed, but they cannot leave the country during this time.

Step 6: Biometric and Medical Appointment

Both the sponsor and the applicant may be required to attend a biometric appointment. The applicant must also undergo a medical exam with an IRCC-approved physician.

Step 7: Wait for a Decision

Once the application is submitted and all requirements are met, you will wait for a decision. The average processing time for Canadian spousal visas can range from 12 months to 18 months, depending on the application type and country of origin.

Common Challenges in the Spousal Visa Application Process

While applying for a Canadian spousal visa, several challenges can arise:

• Missing Documentation: One of the leading causes of delays or denials in spousal visa applications is missing or incomplete documentation. Make sure to double-check the checklist before submission.
• Inadequate Proof of Relationship: IRCC needs to be convinced that your relationship is genuine. Inadequate or insufficient evidence of your relationship can result in refusal.
• Criminal or Health Issues: If either the sponsor or applicant has a criminal history or health issues, it could complicate the visa application process.

How Immigration Lawyers Can Help

While it’s possible to apply for a spousal visa independently, working with an immigration lawyer can streamline the process and help avoid costly mistakes. Immigration lawyers can assist with:

• Determining Eligibility: Assessing whether you meet the requirements for spousal sponsorship.
• Document Preparation: Ensuring all documents are correct and meet IRCC guidelines.
• Dealing with Complex Cases: If your application is complex (e.g., prior visa refusals or criminal records), an immigration lawyer can help resolve issues.
• Appeals: If your application is denied, a lawyer can guide you through the appeal process.

Conclusion

Getting a Canadian visa for your spouse is an essential step toward reuniting with your loved one in Canada. By understanding the types of visas available, the eligibility criteria, necessary documents, and application process, you can improve your chances of a successful application. Be thorough in preparing your application and consider consulting with an immigration lawyer to ensure everything is in order.

Whether you’re applying from inside or outside Canada, the right steps and documentation can make all the difference in ensuring a smooth and successful spousal visa application.