A Step-by-Step Guide to Canadian Immigration Through Marriage

1. Understanding Spousal Sponsorship

Spousal sponsorship is a legal process allowing Canadian citizens or permanent residents to sponsor their spouse or common-law partner to become a permanent resident of Canada. This falls under the Family Class immigration stream.

1.1. Who Can Sponsor?

To be eligible to sponsor a spouse, the sponsor must:

Be at least 18 years old.
Be a Canadian citizen or permanent resident.
Reside in Canada or intend to reside in Canada once the spouse becomes a permanent resident.
Not be in prison, bankrupt, under a removal order (if a permanent resident), or charged with a serious offense.
Have no record of not complying with previous sponsorship undertakings.
Not be receiving social assistance for reasons other than disability.

1.2. Who Can Be Sponsored?

The person being sponsored must:

Be legally married to the sponsor; or
Be in a common-law relationship (lived together for at least one year); or
Be in a conjugal relationship for at least one year (in exceptional cases where cohabitation is not possible due to circumstances such as war or persecution).

2. Types of Sponsorship Applications

There are two main types of sponsorship applications:

2.1. Inland Sponsorship

The spouse is already living in Canada (usually on a temporary visa such as a visitor, student, or worker).
Allows the sponsored spouse to apply for an open work permit while the sponsorship is being processed.
The couple must live together during the application process.

2.2. Outland Sponsorship

The spouse is living outside Canada.
The application is processed through a visa office that serves the applicant’s country of origin.
The spouse may still visit Canada during the process, though there’s no guarantee of entry.

Each stream has its pros and cons. Inland sponsorship provides the benefit of remaining together in Canada, while Outland sponsorship can be faster in some cases and allows for appeals if rejected.

3. The Application Process: Step-by-Step

3.1. Step 1: Gather the Necessary Forms and Documents

The first step is to download the spousal sponsorship application package from the IRCC website. The package includes:

Document checklists for both sponsor and applicant.
Sponsorship Agreement and Undertaking forms.
Generic Application Form for Canada (IMM 0008).
Schedule A – Background/Declaration.
Relationship Information and Sponsorship Evaluation Form.
Additional family and travel history forms.

3.2. Step 2: Compile Supporting Evidence

IRCC places high importance on proving the genuineness of the relationship. Supporting documents include:

Marriage certificate (translated if not in English or French).
Photos of the wedding, engagement, and life together.
Joint lease or mortgage.
Bank accounts, utility bills, or other documents showing shared financial responsibilities.
Travel history together (e.g., boarding passes, visa stamps).
Letters of support from friends and family.
Social media posts, chat logs, and phone call records.

3.3. Step 3: Pay the Application Fees

As of 2025, the total fee is approximately CAD 1,080. This includes:

Sponsorship fee: CAD 75
Principal applicant processing fee: CAD 515
Right of Permanent Residence Fee (RPRF): CAD 515

Additional fees apply for biometrics and medical exams.

3.4. Step 4: Submit the Application

Once all forms and documents are prepared and fees are paid, the complete application is submitted to IRCC via the appropriate mailing address.

IRCC recommends keeping a copy of all submitted documents and tracking delivery.

3.5. Step 5: Biometrics and Medical Exams

Shortly after submission, the sponsored spouse will receive instructions for:

Biometric submission: Fingerprints and a photograph at a designated collection point.
Medical exam: Must be done by a panel physician approved by IRCC.

These are mandatory for the processing of the application.

3.6. Step 6: Application Review and Processing

IRCC processes sponsorship applications in several stages:

Sponsorship Eligibility Review: Ensures the sponsor qualifies.
Applicant Assessment: Evaluates the foreign spouse’s admissibility and genuineness of the relationship.
Interview (if required): May be conducted if IRCC needs clarification.

IRCC aims to process spousal sponsorships within 12 months. However, processing times may vary based on the volume of applications and complexity of the case.

4. Post-Approval Process

Once the application is approved:

If applying from outside Canada: The spouse will receive a Confirmation of Permanent Residence (COPR) and must enter Canada within the validity period.
If applying from inside Canada: The spouse will be issued permanent residence documents and may be invited to a landing interview.

After landing, the sponsored spouse receives a Permanent Resident (PR) card by mail.

5. Legal Undertakings and Responsibilities

5.1. Sponsorship Undertaking

The sponsor signs an undertaking to provide financial support to the sponsored spouse for 3 years from the date they become a PR.

The sponsor is responsible even if the relationship ends during this period. The spouse cannot seek social assistance from the government during this time without impacting the sponsor legally and financially.

5.2. Fraud and Misrepresentation

Canada takes immigration fraud seriously. If IRCC finds that the marriage is not genuine and was entered into solely for immigration purposes, the application will be refused.

Consequences may include:

A 5-year ban on reapplying for the applicant.
Criminal charges or deportation.
Ineligibility for the sponsor to sponsor someone else in the future.

IRCC conducts random interviews and background checks to combat “marriage of convenience” cases.

6. Common Challenges and How to Address Them

6.1. Proving a Genuine Relationship

Couples in long-distance or arranged marriages may face scrutiny. It’s crucial to submit extensive documentation and truthful declarations.

6.2. Incomplete or Incorrect Applications

Even small errors can delay the process. Double-check forms, ensure signatures are in place, and submit translations for non-English documents.

6.3. Medical or Criminal Inadmissibility

The sponsored spouse must be admissible to Canada. Medical conditions or past criminal offenses can impact the outcome.

In some cases, applicants may apply for criminal rehabilitation or medical exemptions, but this adds time and complexity.

7. Maintaining Permanent Resident Status

Once granted PR, the spouse must comply with residency obligations: at least 730 days (2 years) of physical presence in Canada within any 5-year period.

Failure to comply can result in loss of status and removal from Canada.

8. Citizenship Eligibility

A permanent resident can apply for Canadian citizenship after:

Living in Canada for at least 1,095 days in the last 5 years before applying.
Meeting language requirements in English or French.
Passing a citizenship test (for applicants aged 18–54).
Having filed taxes for at least 3 years.

Marriage to a Canadian citizen does not grant automatic citizenship.

9. Appeals and Reapplication

If an application is refused, Outland applicants can appeal to the Immigration Appeal Division (IAD). Inland applicants cannot appeal but may apply for judicial review through the Federal Court.

Alternatively, the couple can reapply with a stronger application and additional evidence.

10. Summary

Migrating to Canada through marriage is a legally recognized and structured process that offers a path to permanent residency and eventually citizenship. However, it is not without its complexities. A successful application requires careful preparation, honesty, and compliance with legal standards.

Applicants must understand their rights and responsibilities, especially regarding sponsorship undertakings and the need to prove the relationship’s authenticity. Whether applying from within Canada or abroad, the spousal sponsorship process reflects Canada’s commitment to family reunification while safeguarding the integrity of its immigration system.

Engaging a qualified immigration consultant or lawyer can be beneficial, especially in cases involving previous refusals, complex family circumstances, or inadmissibility concerns. With diligence and transparency, couples can navigate the legal process and build a life together in one of the world’s most welcoming countries.