Marriage-Based Sponsorship for Canada

Marriage-based sponsorship is one of the most common ways for Canadian citizens or permanent residents to bring their spouse or common-law partner to Canada. If you are a Canadian citizen or permanent resident and you are married to a foreign national, you may be eligible to sponsor them for permanent residence in Canada. This guide explains the process and requirements for the marriage file related to spousal sponsorship applications.

What is a Marriage File?

A marriage file typically refers to the application package that you submit to Immigration, Refugees and Citizenship Canada (IRCC) when sponsoring your spouse or common-law partner for Canadian permanent residence. The file contains various forms, documents, and evidence to prove the authenticity of your relationship, and that the marriage is genuine.

Eligibility to Sponsor Your Spouse or Common-Law Partner

To sponsor your spouse or common-law partner, you must meet the following eligibility criteria:

• Be a Canadian citizen or permanent resident of Canada (or have applied for Canadian citizenship, in which case you can apply once you are approved).
• Be at least 18 years old.
• Not be receiving social assistance for reasons other than a disability.
• Have enough income to support your spouse or common-law partner (this requirement does not apply if you live in Quebec, which has its own sponsorship rules).
• Not be in default of any previous sponsorships (i.e., you must not have failed to support a previous spouse or partner under a sponsorship agreement).

Documents Required for Marriage File (Sponsorship Application)

When applying to sponsor your spouse or common-law partner, you will need to provide several documents as part of your marriage file. These documents will help prove the legitimacy of your relationship. Below is a list of the typical documents required:

• Sponsorship Application (IMM 1344): This is the form you must fill out to apply to sponsor your spouse.
• Application for Permanent Residence (IMM 0008): The form your spouse or partner must fill out to apply for permanent residence.
• Proof of Canadian Citizenship or Permanent Residency: A copy of your Canadian passport, Canadian citizenship card, or permanent resident card.
• Marriage Certificate: A government-issued marriage certificate to prove the legal status of your marriage.
• Proof of Relationship: Evidence of the genuineness of your marriage. This could include photos, letters, phone records, joint bank statements, or any other documents showing you have a committed relationship.
• Passport Copies: Copies of both you and your spouse's passports, including pages showing personal information, stamps, and visas.
• Police Certificates: A police certificate for your spouse from all the countries they have lived in for 6 months or more since the age of 18.
• Medical Exam Results: Your spouse will need to undergo a medical examination with an approved panel physician to prove they meet Canada's health standards.
• Proof of Financial Support (if applicable): You must show that you can financially support your spouse or common-law partner in Canada. This could include pay stubs, tax returns, or bank statements.

Process of Marriage-Based Sponsorship

The process of sponsoring your spouse or common-law partner for permanent residence in Canada generally involves the following steps:

Step 1: Complete the Application Forms

Both you (the sponsor) and your spouse (the applicant) will need to complete different forms. These forms can be downloaded from the IRCC website. The main forms include the sponsorship application (IMM 1344) and the permanent residence application (IMM 0008). Make sure to fill them out accurately to avoid delays.

Step 2: Gather Supporting Documents

Collect all the necessary documents to support your application. These include proof of citizenship or permanent residency, marriage certificate, proof of relationship, and other required documentation as mentioned above.

Step 3: Submit the Application

Once you have completed the forms and gathered the required documents, you can submit the application to the appropriate IRCC address. Be sure to check the most current submission guidelines on the official IRCC website to ensure that your application is complete and sent to the correct address.

Step 4: Application Processing

IRCC will process the application, which can take several months. During the processing period, IRCC may request additional documents or information to support your application. They may also request an interview with you or your spouse to confirm the authenticity of your marriage.

Step 5: Approval and Permanent Residence

If your sponsorship application is approved, your spouse or common-law partner will be granted permanent resident status in Canada. Once they arrive in Canada, they will receive their permanent resident card.

Processing Time for Marriage-Based Sponsorship

The processing time for marriage-based sponsorship applications can vary depending on a variety of factors, including the country from which the spouse is applying, the completeness of the application, and the volume of applications IRCC is handling. Typically, the process can take anywhere from 12 to 24 months, though this can change based on specific circumstances.

Important Considerations

• Genuine Relationship: It’s essential to prove that your marriage or common-law relationship is genuine and not for the purpose of immigration. IRCC may ask for additional documents to verify this.
• Processing Delays: Processing times can be delayed if the application is incomplete or if additional information is required. Ensure all forms are accurately completed and documents are provided.
• Appeals: If your sponsorship application is denied, you may be able to appeal the decision or apply for judicial review depending on the situation. You should seek legal advice in such cases.

Conclusion

Sponsoring your spouse or common-law partner for permanent residence in Canada is a significant responsibility that requires careful preparation. Ensure that you complete the application accurately, provide all necessary documents, and demonstrate the genuineness of your relationship. While the process may take time, it is an important step in reuniting with your loved one in Canada.

For more information on the marriage-based sponsorship application process, and to download the forms and documents required, please visit the official Immigration, Refugees and Citizenship Canada (IRCC) website.