The Canada Spouse Dependent Visa is designed to allow the spouse or common-law partner of a Canadian citizen or permanent resident to join their partner in Canada. This visa is essential for couples who wish to live together in Canada and provides an opportunity for the non-Canadian spouse to live, work, and settle in the country. For individuals looking to reunite with their loved ones, navigating the spouse visa application process can be challenging, but with the right guidance, it can be a smooth process.
Today, we will walk you through the steps, eligibility criteria, and necessary documentation required to apply for a Canada Spouse Dependent Visa successfully.
What is the Canada Spouse Dependent Visa?
The Canada Spouse Dependent Visa allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner for permanent residency. Under the Spousal Sponsorship Program, the spouse or partner can live, work, and study in Canada. This visa is part of Canada’s Family Class immigration category, which aims to reunite families in the country.
The visa can be applied for both inside and outside of Canada. For those applying from inside Canada, there is also an option for an Open Work Permit that allows the spouse to work while the application is being processed.
Requirements for the Canada Spouse Dependent Visa
To qualify for the Spouse Dependent Visa in Canada, several important requirements must be met. These requirements ensure that the sponsor can financially support the spouse, and that the relationship is genuine and not for immigration purposes.
1. Sponsorship Eligibility
The sponsor must be either a Canadian citizen or a permanent resident of Canada. The sponsor must be 18 years or older, live in Canada (or plan to live in Canada once their spouse arrives), and not be receiving social assistance for reasons other than a disability.
Additionally, the sponsor must prove that they are financially capable of supporting their spouse for three years, which includes providing for their basic needs such as housing, food, and medical care. While there is no specific income threshold for spousal sponsorship, sponsors may be asked to demonstrate that they have the financial means to support their spouse.
2. Relationship Requirement
The couple must be legally married, in a common-law relationship, or in a conjugal relationship. For married couples, a valid marriage certificate is required. For common-law partners, proof that they have lived together for at least 12 consecutive months is necessary. Conjugal partners must show that they have been in a relationship for at least a year and have faced barriers that prevented them from living together, such as immigration restrictions or legal prohibitions.
3. Genuine Relationship Requirement
To prevent fraud, applicants must demonstrate that their relationship is genuine and was not entered into solely for immigration purposes. Evidence such as photos, correspondence, travel records, joint bank accounts, and proof of shared assets can be used to show the authenticity of the relationship.
4. Residency and Intent to Live Together
Both the sponsor and the applicant must intend to live together in Canada once the visa is granted. The sponsor must demonstrate that they have plans to live in Canada and have taken steps to establish a life with their partner.
Eligibility for the Canada Spouse Dependent Visa
To be eligible for the Spouse Dependent Visa, the following criteria must be met:
- The sponsor must be a Canadian citizen or permanent resident and at least 18 years old.
- The applicant must be legally married to the sponsor, in a common-law relationship, or in a conjugal relationship.
- The couple must demonstrate the genuineness of their relationship, providing evidence such as joint financial documents, photographs, and communication records.
- The sponsor must agree to financially support the spouse for three years after their arrival in Canada.
If these conditions are met, the applicant can proceed with the visa application.
Application Process for the Canada Spouse Dependent Visa
The process for applying for a Canada Spouse Dependent Visa is detailed and involves several steps. Ensuring that all necessary documentation is submitted and following each stage carefully is key to a successful application.
1. Gather Required Documents
The first step in the application process is to gather all the necessary documents. These typically include:
- Proof of relationship: Marriage certificate, civil partnership document, or evidence of a common-law relationship.
- Sponsorship application: Completed sponsorship forms that the sponsor must submit.
- Financial documents: Evidence showing the sponsor’s ability to provide financial support.
- Proof of residency: Documents that show the sponsor’s residency in Canada.
- Proof of genuineness of the relationship: Photographs, messages, joint accounts, and any other evidence that demonstrates the authenticity of the relationship.
- Passports and photographs: Both the applicant and sponsor must provide passport-sized photos and valid passports.
For the complete list of required documents, visit the Canada Immigration and Citizenship website.
2. Submit Sponsorship Application
The sponsor must submit an application to the Canadian government, confirming their intent to sponsor their spouse or partner. This application involves filling out several forms and providing evidence of the sponsor’s residency and financial capability.
The sponsorship application must be submitted before the spouse can apply for permanent residence.
3. Complete Permanent Residency Application
Once the sponsorship application is submitted, the spouse can then apply for permanent residency. This process involves filling out detailed forms about the applicant’s background, health, and relationship with the sponsor.
Visit the Canada Immigration Spouse Sponsorship page for more information on the application process.
4. Pay the Application Fees
The fees for the Spouse Dependent Visa application vary depending on whether you are applying from within Canada or outside of Canada. The total fee includes the sponsorship fee, processing fee, and right of permanent residence fee. Additionally, applicants may need to pay for a medical exam and police clearance certificates.
5. Submit Medical and Police Clearance
As part of the application process, the spouse or partner must undergo a medical examination conducted by an approved panel physician. Additionally, applicants must submit police clearance certificates from any country where they have lived for more than six months since the age of 18.
6. Wait for Processing and Decision
Once the application is submitted, the processing time varies depending on whether the application was submitted from inside or outside of Canada. Processing times generally range from 12 to 18 months, but this can vary depending on the complexity of the case. You can check processing times on the Canada Immigration processing times page.
Once approved, the spouse will receive a Confirmation of Permanent Residence (COPR), allowing them to move to Canada.
Common Mistakes to Avoid in the Application Process
When applying for a Canada Spouse Dependent Visa, it’s crucial to avoid common mistakes that can lead to delays or rejection:
- Incomplete Documentation: Make sure all required documents are submitted and fully completed.
- Lack of Proof of Genuineness: Provide strong evidence that proves the authenticity of your relationship.
- Incorrect Forms: Ensure that you are using the most up-to-date application forms and that all sections are filled out correctly.
- Failing to Meet Financial Requirements: Be prepared to provide proof that you meet the financial support obligations.
- Missed Deadlines: Pay close attention to deadlines for submitting documents, completing medical exams, and providing police clearance.
Tips for a Successful Canada Spouse Dependent Visa Application
Here are some additional tips to ensure a smooth and successful application process:
- Organize Your Documents: Create a checklist and ensure all required documents are included.
- Provide Sufficient Proof of Relationship: Include detailed evidence such as joint bank accounts, bills, travel records, and personal communication.
- Stay Honest and Transparent: Be clear and honest in all your submissions to avoid delays or rejections due to misrepresentation.
- Consider Hiring an Immigration Consultant: If you’re unsure about the process or worried about mistakes, it may be worth hiring an immigration consultant to help you.
- Respond to Requests Promptly: If Immigration, Refugees and Citizenship Canada (IRCC) asks for additional information or clarification, respond as soon as possible.
Frequently Asked Questions
How long does the Canada Spouse Dependent Visa last?
The spouse visa provides permanent residency to the applicant, and once approved, the spouse can live in Canada indefinitely, provided they meet residency obligations.
Can my spouse work in Canada while the application is being processed?
Yes, spouses applying from within Canada can apply for an Open Work Permit, which allows them to work while their permanent residency application is being processed.
What happens if the application is rejected?
If your application is rejected, you may be able to appeal the decision or reapply with additional supporting documents, depending on the reason for rejection.
Do I need to reapply if I want to extend my spouse’s stay?
Once granted permanent residency, the spouse does not need to reapply for further visas but must meet residency requirements to maintain permanent resident status.
Conclusion
The Canada Spouse Dependent Visa provides an excellent opportunity for couples to live together in Canada. By ensuring that you meet all the eligibility criteria, providing the required documentation, and following the application process carefully, you can successfully bring your spouse to Canada and begin your life together. Understanding the process and avoiding common mistakes will help ensure a smooth and timely approval.
For more detailed information, visit the official Canada Immigration Spouse Sponsorship page.
