Yes, you can!
Deciding to get married is an exciting decision for a couple. However, it can become tricky when the partners do not hold the same citizenship. If you and your spouse decide that you want to live in Canada, the spouse with Canadian citizenship or permanent residency can sponsor the other. While a successful sponsorship case will allow this, becoming a Canadian citizen or permanent resident of Canada does not automatically happen when you marry a Canadian citizen. You need to go through an application process. It is a common misconception that people who marry Canadians are automatically granted citizenship or residence of some kind.
Many people will ask: “Can I Live in Canada if I Marry a Canadian?”
Well yes! There are several steps to take to begin the process but typically the answer is yes, you can live in Canada if you marry a Canadian.
So what happens when you marry a Canadian citizen or permanent resident? The first step, however, is applying for spousal sponsorship. In order to act as a sponsor, the citizen or permanent resident must be: over the age of 18 and be able to prove financial stability. The sponsor must for first be approved and then the spouse can apply for permanent residence. Over the years, a few cases of immigration marriage fraud have led the Canadian government to impose stricter rules on all spousal sponsorship cases, even if they are legitimate marriages. Therefore, it is important to ensure all the documentation requirements are fulfilled.
Applying for Spousal Sponsorship for Canada
There are two main ways of applying for spousal sponsorship for Canada if you are married to a Canadian citizen. (This is a different matter from moving out of Canada to the US, however).
If you are already living in Canada legally on a visa such as a work permit or study permit and have married a Canadian citizen, you can remain in Canada while the application for spousal sponsorship is being processed. This is referred to as inland spousal sponsorship.
If you are not living in Canada you can come to Canada once you have obtained your permanent resident visa. In this case, you will be sponsored while outside of Canada in a process called outland spousal sponsorship.
First, your sponsor will apply to sponsor you to Canada as their spouse, common-law spouse or their conjugal partner. You will then apply for permanent residency in Canada. Once you are a permanent resident for the required amount of time and have satisfied all residency requirements, you may then be eligible to apply for Canadian citizenship.
Unfortunately, love in spousal sponsorship cases is not enough to prove the validity of a marriage, nor is a marriage certificate. Couples must go to great lengths to demonstrate to the Canadian government that their marriage is legitimate when it comes to spousal sponsorship cases, and this can be very difficult and require a lot of documentation.
How does Spousal Sponsorship Differ from Other Canadian Immigration Streams?
The most important benefit is that you can access the permanent residence visa without the need of demonstrating sufficient financial resources to immigrate to Canada. This is possible because the processing performed by the spouse or sponsor assumes, to the ministry of immigration and citizenship, every responsibility for his or her client.
By choosing this way, the foreign person will not be rejected according to their professional qualities. In this case, the government’s intention is not to get qualified, but the preservation of the family organization.
What Should I be Concerned about When Filing for Spousal Sponsorship?
The main problem is in proving the legality and legitimacy of the marriage. Although to show that a marriage is legal, it is enough to provide a valid certificate of marriage and cohabitation is some evidence as well, such as photographs. The real problem is to prove the legitimacy of the relationship, which is essential for evidence that the relationship is maintained over time.
As a sponsor, you must provide financial support for your partner for 3 years from the time they become a permanent resident, and financial support for a sponsored child for 10 years, or until the child turns 25, whichever is first.
How Long Does it Take to Get Permanent Residency in Canada After Marriage?
After you are married to your spouse you can then apply for Spousal Sponsorship which allows for Permanent Residency in Canada. Canada requires those to be in a relationship for at least two years before sponsoring a spouse for Canada PR.
Once your application package is completely submitted to the IRCC it takes around 45 days for the application to be processed. It can take much longer if you made a simple mistake on the application process and required documents which is why it is important to seek legal advice before applying.
