How to immigrate to Canada through Marriage - Marry a Canadian

One of the most efficient ways to immigrate to Canada as a couple is through spousal sponsorship. This option is particularly beneficial if you already have a spouse or partner living in Canada, or if your spouse or partner is a Canadian citizen or permanent resident.

Spousal sponsorship allows a Canadian citizen or permanent resident to sponsor their spouse or partner for Canadian permanent residency. This process typically involves demonstrating the genuineness of the relationship and meeting certain eligibility criteria set by Immigration, Refugees, and Citizenship Canada (IRCC).

If your spouse is a Canadian citizen or permanent resident, they may sponsor you to join them in Canada and become a permanent resident, as long as your spouse meets certain eligibility criteria. This process, known as spousal sponsorship, is designed to help couples reunite and build their lives together in Canada. 

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To qualify, your spouse must be at least 18 years old and demonstrate the ability to support you financially. You, as the sponsored spouse, must also meet certain requirements, including passing medical exams and security checks. The sponsorship process involves proving the genuineness of your relationship through documentation and interviews. 

Once approved, you will receive permanent resident status, allowing you to live, work, and study in Canada indefinitely. Spousal sponsorship is a popular and effective way for couples to start a new life together in Canada.

Sponsor your family for Canadian immigration

In order to sponsor a spouse or partner, the sponsor must be:

• At least 18 years of age

• A Canadian permanent resident living in Canada or a Canadian citizen

• Not be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence; and

• Not have been sponsored to Canada as a spouse within the last 5 years

You and your sponsor must also prove your relationship, which must fall under one of three categories:

1 Spouse: you are legally married. If the marriage took place within Canada, a Certificate of Marriage from the province or territory is sufficient to prove that the marriage is valid. If the marriage took place outside Canada, it must be valid under the laws of that country and as well as under Canadian federal law.

2 Common law partner: you cohabit continuously for at least one year.

3 Conjugal partner: a sponsored person may be defined as a conjugal partner if exceptional circumstances beyond their control has prevented the partners from qualifying as common law partners or spouses, such as immigration barriers or legal restrictions limited divorce or same sex relationships.

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 Furthermore, the partners must be in a mutually dependent relationship for a least one years with the same level of commitment as a marriage or common law partnership. This can be demonstrated through emotional ties, intimacy, financial closeness such as joint ownership of assets and efforts to spend time together and reunite.

Express Entry

Express Entry is the backbone of Canada's federal immigration system, encompassing three primary programs: the Federal Skilled Worker Program (FSWP), the Federal Skilled Trades Program (FSTP), and the Canadian Experience Class (CEC). These programs are designed to attract skilled workers from around the world who have the potential to contribute to Canada's economy and society. 

Through Express Entry, candidates are ranked based on factors such as age, education, work experience, and language proficiency. Those with the highest scores are invited to apply for permanent residency. This system allows Canada to efficiently select candidates who are most likely to succeed in the country, streamlining the immigration process for skilled workers and their families.

If you wish to apply for Canadian permanent residency as a couple through Express Entry, you can do so in one of two ways:

• Either the main applicant lists the spouse, common law partner or conjugal partner as a dependent, or

• They can be named as a secondary applicant

When applying to the Federal Skilled Worker Program (FSWP) and the Federal Skilled Trades Program (FSTP), it's crucial to note that only these programs allow dependents on applications, unlike the Canadian Experience Class (CEC). When declaring your spouse or partner as a dependent, you become the primary applicant and must provide proof of sufficient settlement funds. Meeting the proof of funds requirement is essential to demonstrate your ability to financially support yourself and your dependents in Canada. This requirement ensures that applicants are well-equipped to establish themselves in Canada and contribute positively to the economy and society.

 Your spouse or partner is a dependent on your application, your partner’s profile will not be taken into consideration when calculating your overall Comprehensive Ranking System (CRS) score. The CRS score is used to rank candidates based on criteria like age, education, language skills and work experience. Candidates with the highest CRS scores are invited to apply for permanent residence in Express Entry draws.

If your spouse qualifies for Express Entry, they can apply as a secondary applicant. Each spouse would create their own Express Entry profile and include the other spouse in their profile as a dependent. This allows you to claim an additional 40 Comprehensive Ranking System (CRS) points for your partner's profile when submitting your own application. 

These points can significantly boost your overall CRS score, increasing your chances of receiving an Invitation to Apply (ITA) for permanent residency in Canada. This approach is advantageous for couples looking to immigrate together, as it maximizes their CRS score and enhances their eligibility for Express Entry.

This method still requires applicants to provide proof of funds, but it operates differently because your partner is considered a contributor to the program. It's crucial to assess which partner has the strongest profile before applying, naming that person as the main applicant. If your partner scores highly on Comprehensive Ranking System (CRS) factors like language proficiency, level of education, etc., it's advantageous to list them as a secondary applicant. However, if they would score poorly, it might be more sensible to list them as a dependent instead. This strategic approach can optimize your chances of success in the Express Entry system.

Provincial Nominee Program

The Provincial Nominee Program (PNP) offers another excellent pathway for couples looking to move to Canada. Virtually every province and territory runs its own PNP stream, designed to attract skilled workers to their regions. When applying for the PNP, it's advisable for the partner with the strongest work experience, education, and other relevant factors to apply as the main immigration candidate. 

If you are the partner with the stronger profile, you would declare your spouse or partner as a dependent on the application. This approach allows you to leverage the strengths of both partners and increase your chances of successfully immigrating to Canada through the PNP.

As the main applicant for the Provincial Nominee Program (PNP), similar to Express Entry, you would be required to provide evidence of sufficient funds to settle in Canada. Alternatively, if both you and your spouse or partner are eligible, you have the option to apply separately to immigration programs. In this scenario, you can withdraw one application when you receive an Invitation to Apply (ITA) for the other. This strategy allows both partners to maximize their chances of receiving an ITA and ultimately immigrating to Canada together. However, it's important to carefully consider the specific requirements and timelines of each program before pursuing this approach.

Open Work Permit for spouses

Spouses and partners of Canadian citizens or permanent residents are eligible to apply for an open work permit while their sponsorship application for permanent residence is being processed. This open work permit allows sponsored individuals to work for any employer of their choice in Canada, providing them with the opportunity to support themselves and their family financially during the immigration application process. This option offers a valuable means of financial stability for sponsored individuals and helps ensure a smoother transition to life in Canada while their permanent residency application is in progress.

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In order to be considered for an open work permit, the foreign national must:

• Be a principal applicant who has submitted a permanent residence application under the Spouse or Common-Law Partner in Canada Class; or, as a spouse, common-law or conjugal partner under the family class that has been accepted for processing by IRCC after meeting a completeness check, and that has not been refused or withdrawn.

• Have submitted a work permit application where the duration of the work permit requested is for a maximum of two years

• Is the subject of a sponsorship application submitted by their Canadian citizen or permanent resident spouse, common-law or conjugal partner

• Have the same residential address as their sponsor in Canada at the time of the application

• Have a valid temporary resident status in Canada or is eligible for and has applied for the restoration of their status

• The applicant and the sponsor must meet all eligibility requirements under spousal or common-law partner sponsorship

New Canada Spousal Open Work Permit (SOWP) Eligibility 2024

New Canada Spousal Open Work Permit Eligibility 2024

Immigration, Refugees, and Citizenship Canada (IRCC) has recently announced new eligibility requirements for the Spousal Open Work Permit (SOWP), which came into effect on March 19, 2024. These updates follow the Immigration Minister's earlier announcement regarding new rules for international students at the beginning of 2024. The clarification of these requirements was eagerly awaited, as they were initially announced as changes to be implemented "within coming weeks." The official implementation of these changes is significant for individuals seeking spousal open work permits, as it provides clear guidance on eligibility criteria and application procedures.

What is the new Canada Spousal Open Work Permit Eligibility Criteria for 2024?

International students’ spouses or partners who wish to apply for an open work permit as a spouse or common-law partner must fulfill the requirements outlined below.

There are now 3 scenarios under which the spouse or common-law partner of an international student is eligible to apply for an open work permit, effective March 19, 2024.

1.If a spouse or common-law partner applies for an open work permit on or after March 19, 2024, they may be eligible for the permit if the other partner is enrolled in classes for one of the professional degrees and holds a valid study permit. This new provision, effective from March 19, 2024, offers an opportunity for the spouse or common-law partner of a student pursuing a professional degree to work in Canada. 

This policy change recognizes the contribution of spouses or partners to the household income and their desire to work while their loved one pursues higher education in Canada. It aims to provide more support and flexibility to families during their stay in Canada.

Your spouse or common-law partner must present one of the following documents to prove your enrollment in a degree-granting program of study:

• A legitimate letter of acceptance from the educational institution of your choice (DLI).

• A letter of verification of enrollment from your DLI

• Transcripts for the current program

• Proof of their relationship with the student

2. If spouse or common-law partner applies for an open work permit before March 19, 2024

If, prior to March 19, 2024, your spouse or common-law partner submitted an application for an open work permit,.

Your spouse or common-law partner may be eligible for an open work permit if you meet the following three requirements:

• You have a valid study permit.

• Your current study program is eligible for a post-graduation work permit (PGWP).

• You attend one of the following kinds of educational institutions as a full-time student:

• a public post-secondary school, such as a college or university, or CEGEP in Quebec

• a private college-level school in Quebec

• a Canadian private school that can legally award degrees under provincial law (for example, a bachelor’s, master’s or doctoral degree)

3. If your partner or spouse wants to apply for an extension of their current open work permit,

• You have a valid study permit.

• Your current study program is eligible for a post-graduation work permit (PGWP).

• You attend one of the following kinds of educational institutions as a full-time student:

• a public post-secondary school, such as a college or university, or CEGEP in Quebec

• a private college-level school in Quebec

• a Canadian private school that can legally award degrees under provincial law (for example, a bachelor’s, master’s or doctoral degree)

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