Canada has a range of immigration programmes that are tailored to the needs of couples, regardless of whether you are engaged, married, or in common law. Immigrating to Canada as a Couple.
Spousal sponsorship
Spousal sponsorship is one of the best methods for a couple to enter Canada. If your spouse or partner is a Canadian citizen or permanent resident, or if they currently reside in Canada, then this is your best option.
As long as your spouse satisfies specific requirements, they may be able to sponsor you to immigrate to Canada and join them as a permanent resident if they are citizens or legal permanent residents.
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:
- 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.
- Common law partner: you cohabit continuously for at least one year.
- 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. 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 federal government’s management system of three main immigration programs: the Federal Skilled Worker Program (FSWP), the Federal Skilled Trades Program (FSTP) and the Canadian Experience Class (CEC).
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
It’s crucial to remember that the CEC does not permit dependents on applications, therefore you might only be able to apply for the FSWP and the FSTP with dependents.
If you list your partner or spouse as a dependant on your application, you become the primary applicant and have to substantiate that you have sufficient assets for the settlement. To demonstrate your ability to sustain yourself and your dependents financially while residing in Canada, you must fulfil the evidence of finances requirement.
However, your partner’s profile will not be taken into account when determining your total Comprehensive Ranking System (CRS) score if they are a dependent on your application, such as a husband or partner. Candidates are ranked according to the CRS score and factors such as age, education, language proficiency, and work experience. In Express Entry draws, candidates with the highest cumulative rating (CRS) are asked to apply for permanent residence.
Your spouse may apply as a supplementary applicant if they are eligible for Express Entry. Every married couple would make their own Express Entry profile, which would feature their partner. This implies that when you submit your own application, you can claim an additional 40 CRS points for your partner’s profile.
Applicants must still provide proof of funding while using this option. But because your partner is viewed as an asset to the programme, it functions differently.
Prior to designating one partner as the primary applicant, it is crucial to take into account which partner has the best profile. It may be worthwhile to name your partner as a secondary application if they receive good ratings on CRS characteristics like as language proficiency and educational attainment. It could make more sense to list them as a dependent if they would score low.
Provincial Nominee Program
Another fantastic choice for a couple looking to relocate to Canada is the Provincial Nominee Programme (PNP). The PNP is run by almost all provinces and territories as a means of attracting skilled labour to their areas.
The partner who has the most qualifications—work experience, education, etc.—should apply as the primary immigration candidate for the PNP. If this is you, then on the application you would include your partner or spouse as a dependent.
If you were the primary applicant—for example, through Express Entry—you would have to show that you have enough money to live in Canada. Alternatively, if both you and your spouse or partner are eligible, you may both apply separately to immigration programs and withdraw from one when you receive an invitation to apply (ITA) is issued.
Open Work Permit for spouses
Spouses and partners of Canadian citizens or permanent residents can get an open work permit while their sponsorship application for permanent residence is being processed.
This way, sponsored individuals can work for any employer of their choice in Canada so they can support themselves and their family financially during the immigration application process.
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
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