Canada Spouse Visa

Requirements for a Canadian Visa for Spouse

Every country’s requirements for spousal immigration visas differ slightly.  Canada permits spouses, common-law partners and conjugal partners to immigrate – through sponsorship.
Length of time:  The requirement is that a Canadian citizen or a permanent resident, living continuously in Canada and gainfully employed can sponsor the applicant for a period of three to ten years.  This will give the person an opportunity to get used to living and getting established in Canada.

Who can help: Immigration officials at the Consulate can help you figure out whether you qualify and also the category.  This way you will get an appropriate visa and your relocation will be smooth.

What are the benefits?

This sponsorship and relocation process will enable the applicant to apply and get employment without any restrictions or difficulties.  Short term visas do not permit people to stay beyond a particular period of time.  Immigrant visas are a route to permanent residency and also citizenship in the long run.
One has to live in Canada for three years after which they become permanent residents and also eligible to apply for citizenship.

Canada Spouse Visa Eligibility Requirements:

These differ according to the relationship between the applicant and the sponsor. 
Spouse: If the marriage took place in Canada, a marriage certificate issued by a government office (province or territory) will have to be produced.  If the marriage occurred outside Canada, it will have to meet the legal requirements set forth under Canadian law to be considered valid.

Same Gender Partner sponsorship:  This can be done if the marriage certificate was issued on or after some dates in provinces mentioned below:

  • British Columbia (July 8, 2003)
  • Quebec (March 19, 2004)
  • Manitoba (September 16, 2004)
  • Newfoundland (December 21, 2004)
  • New Brunswick (July 4, 2005)
  • Nova Scotia (September 24, 2004)
  • Ontario (June 10, 2003)
  • Saskatchewan (November 5, 2004)
  • Yukon (July 14, 2004)
  • All other provinces/territories (July 20, 2005).

Again, if the marriage occurred outside Canada, applications are accepted on the fact that the marriage is legally recognised in the original country and Canada.

Common-law partner:  In this case, you have to show that you and your partner (same gender or opposite gender) have been living together exclusively and continuously together for a whole year.

Conjugal partner:  This rule is intended to be used only in exceptional circumstances when the spouse or common-law partner is not able to qualify due to events beyond their control.  This is valid for same gender or opposite gender partners.  The onus of demonstrating that the relationship is one of commitment and dependence has to be proved by the applicants.