Marriage to a Foreigner FAQ
Canadian citizens and permanent residents may be eligible to sponsor their
foreign spouse, common-law partner, same –sex partner, conjugal partner or
fiancée to live as a permanent resident in Canada through the Family Sponsorship
Program. More information can be found at the
Citizenship and
Immigration Canada website.
How can I bring my foreign spouse to live with me in Canada?
You must sponsor your spouse under the Family Class of sponsorship. You can do
this if she lives in another country or if she lives with you in Canada, even if
her status is not legal here. As a sponsor you have to agree to support them
financially for 3 years, whether they remain with you or not. At the same time
your spouse must apply for permanent residence in Canada.
Can my partner just apply for permanent residence in Canada without me having
to make a sponsorship agreement?
Yes. Your partner can apply independently to live in Canada under one of the
other immigration categories e.g. as a Skilled Worker, however they must prove
their eligibility under that class. The immigration process may be slower than
had you sponsored them to live with you.
I want to sponsor my spouse to live with me in Canada. Should I apply from
Canada or from the country where she is a citizen?
It is faster to sponsor your spouse from the country where she currently lives.
You can reside in Canada or in the country where she lives whilst undergoing the
sponsorship process. If you reside outside of Canada during this process, you
can enter and exit Canada as often as you want.
How long will it take to sponsor my foreign wife to come and live with me in
Canada?
If you apply to sponsor her from within Canada the process will take 12 to 18
months. If you start the sponsorship process from the country where she is
legally resident it will take 6 to 12 months.
I am a permanent resident of Canada. Do I have to be a Canadian citizen to
sponsor my husband to come and live with me in Canada?
You can sponsor your spouse to live in Canada if you are a permanent resident or
a Canadian citizen aged 18 years of age or over.
My foreign girlfriend and I are not married, but we have lived together in
Brazil for the last 2 years. I am a Canadian citizen. Does she have to apply for
a visa to move to Canada with me?
As your common-law partner, you can sponsor your girlfriend under the Family
Class to live in Canada as a permanent resident. As long as you have lived
together continuously for one year and can prove that you are in a valid
relationship your application will qualify under the Common Law sponsorship
agreement.
How do I prove that my relationship with my common law spouse is valid and
qualifies for family sponsorship?
You must have lived with your partner continuously for 12 months; absences for
business and family visits are permitted. You need to prove that you have lived
under the same roof for this period by providing property ownership details or
rental agreements and rent slips in names, joint-name utility bills and mail
addressed to both of you. Any documentation that proves that your affairs are
combined such as joint bank account statements will also help prove your case.
How do I qualify as a sponsor?
You must be a Canadian citizen or permanent resident aged 18 or over and you
must be prepared and financially able to provide financially for your partner
for 3 years. If you have defaulted on a sponsorship agreement in the past you
will not be able to become a sponsor. There are also a number of other reasons
for ineligibility:
- You were convicted of a violent or sexual offence and have not received a pardon
- You defaulted on alimony or child support payments
- You defaulted on an immigration loan
- You are in prison
- You are declared bankrupt
My wife has children from another marriage. Can she bring them to live in
Canada with her?
When you apply to sponsor your wife, you can also sponsor her children providing
they are under 22 years of age and not married or in a common-law relationship.
You must agree to provide for them financially for 10 years or until they are 25
years of age (whichever comes first).
If my spouse leaves me after two years in Canada am I still responsible
financially for her and her children?
Yes. Even though your spouse no longer resides with you, you must continue to
provide for her financially until the 3 year sponsorship agreement period is up.
Even once this period is up you must continue to provide for her children until
the 10 year sponsorship period is over or until they reach 25 years of age –
whichever comes first.
How much does it cost to sponsor my British husband to live in Canada with
me?
It costs $75 for each sponsorship application, a further $475 to sponsor your
spouse. Your spouse must pay exactly the same fees to apply for his permanent
residence in Canada.
If your spouse has any dependent children that you wish to include in the
sponsorship agreement, you must add $150 for each child. On top of this you must
agree to provide financial support for your spouse for 3 years. The period of
financial support for dependent children is a lot longer.
Is there anything else I need to do once I file a sponsorship application for
my foreign spouse?
Yes. Your spouse must file a permanent residence application for herself and for
any dependent children you have agreed to sponsor. She must file her
application(s) at the same time as you submit your application for sponsorship –
both applications must be sent together along with the appropriate fees and
documentation. Once your sponsorship application is approved her permanent
resident application(s) will be sent to the relevant Canadian visa office. She
must also attend a medical and obtain a police check from her country of
residence.
My girlfriend has been living with me in Canada on a temporary work visa,
which has now expired. Can she apply for permanent residence even though she is
not legally resident here?
Yes. Citizenship and Immigration have made an exception for spouses and
common-law partners who are not legally resident in Canada but who are legally
married to a Canadian citizen or permanent resident (or who can prove that they
have been living in a common law marriage for at least one year). Your partner
will not be able to leave Canada whilst the sponsorship and permanent resident
applications are being processed because she may not be allowed back into the
country if she leaves.
My Filipina fiancée and I wish to get married and for her to come and live
with me in Canada. Do we have to have our wedding in Canada or can we marry in
the Philippines?
It doesn’t matter where you get married as long as the marriage is legal. If you
marry in the Philippines you must follow Filipino laws to obtain a marriage
license and register the marriage. A wedding ceremony without the legal
paperwork will not count as valid. If you marry in Canada you must apply for a
marriage license at the city hall and register the marriage once it has taken
place.
I am a Canadian citizen and am planning on marrying my Chinese girlfriend
this year. Once we are married will she automatically qualify for Canadian
citizenship?
No. Marriage to a Canadian citizen does not automatically qualify for Canadian
citizenship. You must first sponsor your partner to live in Canada and at the
same time your partner must apply for permanent residence. This can be done from
Canada or from the country where she is a permanent resident. Once you spouse
has been a permanently resident in Canada for 3 years or 1,095 days in a 4 year
period, she can apply for Canadian citizenship.
I met my Thai girlfriend on the internet and have visited her twice since we
first met. Later this year we are planning to get married and for her to come
and live in Canada. What do I need to prove my marriage to her is genuine?
You must prove that the relationship is genuine by providing evidence such as
photos of the two of you together at different time periods e.g. some on your
first visit, some on your second, proof of your trips to Thailand e.g. boarding
passes, phone records showing her phone number and proving regular contact,
emails or letters showing regular correspondence. If you have evidence of joint
affairs, such as a joint bank account or property owned together, or if you send
money on a regular basis to her this will also help prove your case.
When my husband comes to Canada can he work legally here?
If you successfully sponsor your husband and he obtains permanent residence
status in Canada he will be able to legally work or study here. If he does not
have legal residence status or a valid work visa he will risk deportation.
My girlfriend lives in Cuba with her ageing mother. When we marry we want to
move to Canada and bring her mother with us. Is it possible for me to sponsor my
girlfriend and her mother?
Your girlfriend’s mother does not qualify for sponsorship under the spousal
sponsorship program. Once you are married, you must first sponsor your
girlfriend and she must apply for permanent resident status in Canada. Once she
is a permanent resident she can apply to sponsor her mother.
I live in Quebec and want to bring my foreign wife to live in Canada, but I
have heard that there is a different procedure for Quebec. What must I do?
Quebec does have a different sponsorship procedure to the rest of the country.
You must first apply to Citizenship and Immigration Canada (CIC) for sponsorship
and your spouse must file a permanent resident application. Once you have filed
your application for sponsorship you will receive a letter from the Government
of Quebec informing you what to do next. The province of Quebec is the only
Canadian province allowed to determine the eligibility of its sponsors. If you
are approved by the Immigration ministry in Quebec you will receive an
‘Engagement and Certificat de sélection du Québec’. The immigration office will
send this certificate and all other relevant documents to the Canadian visa
office in your wife’s country of residence.
Will my wife and I have to have an interview before she is allowed to come to
Canada?
It is unlikely that you will have to have an interview with Citizenship and
Immigration. However if there is any doubt about the authenticity of your
relationship you may be required to attend and interview and provide further
evidence that your relationship is genuine.
Can I bring my same-sex partner to live with me in Canada?
Yes. You can sponsor a same sex partner in the same way that heterosexual
couples can sponsor their partners. If you live together in a common-law
marriage you need to prove that you have lived together for at least a year. If
you are legally married you must ensure that your marriage took place in a
country or province that legally recognizes same sex marriages.
I am recently divorced and now want to bring my Peruvian girlfriend to Canada
to live. Am I eligible?
As long as you have a legal document proving your divorced status and you meet
the eligibility requirements as a sponsor, you may apply to bring your
girlfriend to Canada.
Does my spouse have to pass a medical exam before applying for permanent
residence?
Yes. Your spouse and any dependents must pass a medical examination by an
approved doctor. Your spouse will not be approved for permanent residence if
they do not attend a medical exam and submit the results to the appropriate visa
office. Your spouse will not pass a medical exam if the authorized medical
practitioner determines that their health is a danger to public health and
safety in Canada or if their medical condition will cause an excessive demand on
Canada’s health system.
My husband and his son want to move to Canada to live with me, but he has a
criminal record in Mexico. Will this affect his application?
Every applicant aged 18 and over must submit a police certificate when applying
for permanent residence. Your husband must provide a
police certificate from all
countries where he has lived for 6 months and over since he was 18 years of age.
Once your spouse has submitted his police certificate, the Canadian visa office
will determine whether he will pose a security risk to Canada based on the
nature of his conviction and the length of time that has passed since the crime
occurred.
I want to bring my partner to live with me in Canada. Where can I find the
sponsorship application forms?
You can find the sponsorship application forms on the
Citizenship and
Immigration Canada website.
What happens if my Brazilian wife’s application is refused?
If your spouse’s application is refused, you can appeal the decision. The visa
office must inform your spouse of the reason relating to their refusal. If your
application as a sponsor is refused you will not be able to appeal the decision
and your spouse will not be able to proceed with her application under the
Family Class.
Can I my Russian girlfriend come to live with me in Canada without us having
to get married?
The only way you can sponsor your Russian girlfriend to live in Canada is if you
have lived with her for at least a year and have documented proof of this - e.g.
joint bank accounts, rental slips, jointly owned property etc. If you haven’t
lived together for a year, you may still be able to sponsor her if you can prove
that you have a conjugal relationship. This means that circumstances beyond your
control prevented you from living together in a common law marriage e.g. if you
were refused long term visas for her country of residence. If you decided not to
live with her because you didn’t want to give up your job in Canada or did not
want to leave Canada you will not qualify under this category of spousal
sponsorship and she will have to apply and meet the requirements of a different
immigration category.
My marriage certificate is written in Vietnamese. Is it still valid in
Canada?
As long as your marriage is legal in Vietnam and was performed according to the
laws of this country it will be legal in Canada. You should however have the
document translated into English or French by a registered translator before
submitting it with your sponsorship documents. This applies to any documents,
which are not written in the official languages of Canada.
I want to get married to my Greek boyfriend in Greece. What documents do I
need to do this?
You must consult with the Greek embassy in Canada or the Canadian Embassy in
Greece to determine what documentation is required for the marriage to be legal
in both countries. You will have to obtain an Affidavit of Marital Status from
Canada to prove that you are free to marry. You should also take any divorce
decrees or a death certificate if you are widowed along with your Canadian birth
certificate and a valid passport.
Can I get married at the Canadian Embassy in Manila?
No. In most countries the Canadian Embassy does not perform or arrange marriage
ceremonies although you can consult with the Embassy about the marriage laws in
the country. In order for your marriage to be legal and recognized in both
Canada and the Philippines you must obtain the necessary legal documentation
required to register the marriage in the Philippines. A simple wedding ceremony
does not count as a legal marriage.
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