Acquiring Canadian citizenship by marriage has become one of the most popular methods to permanently move to and live in Canada. Canadian laws on immigration provide for certain procedures and protections which spouses must take into consideration.
How can I acquire Canadian citizenship by marriage?
Applying for permanent residency and Canadian citizenship are mainly governed by the Immigration and Refugee Protection Act (IRPA). It is the federal law that outlines the process and requirements that immigrants and foreign nationals must follow to enter, work, and live in Canada.
The law says that a foreign national or a non-Canadian may be selected as a permanent resident based on their relationship with a Canadian citizen or a permanent resident, either as a spouse or as a common-law partner (section 12, IRPA).
For the foreign spouse to be granted Canadian citizenship by marriage, both the Canadian citizen and their foreign spouse must follow the procedures for spousal sponsorship. This will allow the foreign spouse to become a permanent resident in Canada and then apply for citizenship once they qualify.
Québec has a slightly different process for Canadian citizenship by marriage. As such, married couples who want to live in Québec should check the guidelines for that province. Another option is to consult an immigration lawyer based in Québec.
1. Spousal sponsorship
Spousal sponsorship is the process where a Canadian citizen or a Canadian permanent resident sponsors their foreign spouse to become a Canadian permanent resident.
Since Canadian citizenship by marriage is not automatic, both the foreign spouse and the Canadian spouse must comply with the eligibilities set by the IRPA and its Regulations, as implemented by Immigration, Refugees and Citizenship Canada (IRCC).
Process of application
Applications for spousal sponsorship are done online.
- For the Canadian sponsor: the process of applying online will depend on the nationality of the foreign spouse
- For the foreign sponsored spouse: they will have to open an account and submit their documentary requirements
Fake marriage or marriage fraud
Fake marriage or marriage fraud is illegal in Canada and is punishable under the Criminal Code and the IRPA Regulations.
Requirements to be a sponsor
To be a valid sponsor, a person must meet these requirements:
- Age: be at least 18 years old and above.
- Citizenship: either be a Canadian citizen, a permanent resident of Canada, or a registered Indian in Canada under the Canadian Indian Act.
- Financial stability: must not be receiving social assistance, except for a disability; must be able to provide for the basic needs of the sponsored foreign spouse.
If the sponsored foreign spouse has a dependent child, or if the dependent child also has a child or children of their own, the Canadian sponsor will also have to show proof to meet certain income requirements.
- Living in Canada: must be currently living in Canada as a rule.
If living outside Canada, the sponsoring Canadian spouse must be able to prove that they intend to live in Canada when the sponsored foreign spouse becomes a permanent resident.
Permanent residents who live outside Canada cannot sponsor a foreign spouse. They must return to Canada first before they can become a valid sponsor.
Sponsorship Undertaking
In connection with the requirements to be a valid sponsor, the couple must consent to signing a sponsorship undertaking, which is the essence of spousal sponsorship.
This document compels the sponsor to cover all the financial needs of their sponsored foreign spouse for 3 years. The period of the sponsorship undertaking starts on the day that the sponsored foreign spouse becomes a permanent resident – not on the day of their arrival in Canada.
Sponsorship Agreement
A sponsorship agreement will also oblige the sponsored foreign spouse to contribute by financially supporting themselves when they arrive in Canada. In this document, both the Canadian spouse and their foreign spouse must agree on certain financial terms for the same duration of the sponsorship undertaking.
Requirements to be a Sponsored Spouse
When a person marries a Canadian, they will not automatically acquire Canadian citizenship by marriage. In addition to the act of marriage, the requirements will depend on whether the foreign national to be sponsored is either a spouse, a common-law partner, or a conjugal partner.
Spouse:
- at least 18 years old and above
- of either sex or gender
- if living in Canada, must have a valid temporary residence status
- legally and civilly married to the Canadian sponsor (if married outside Canada, the marriage must be valid both under Canadian law and the country’s law where the marriage took place)
Common-law partner:
- at least 18 years old and above
- of either sex or gender
- is not legally and civilly married with the Canadian sponsor
- if living in Canada, must have a valid temporary residence status
- currently living, or has lived, with the Canadian sponsor for at least 12 consecutive months without any long periods apart
Conjugal partner:
- at least 18 years old and above
- of either sex or gender
- is living outside Canada
- is not legally or civilly married to the Canadian sponsor
- is in a conjugal relationship with the Canadian sponsor for at least 12 consecutive months without any long periods apart
- marriage or cohabitation (living together) hasn’t been possible for some legal or immigration reasons
For more on the technical aspects of sponsorship, see our recent article on Canadian spousal sponsorship and help with legal hurdles.
2. Application for Citizenship
When there are no other grounds of inadmissibility to invalidate the spousal sponsorship, the foreign spouse may then apply for Canadian citizenship by marriage. They will then have to comply with these requirements for Canadian citizenship:
- acquired a permanent residency status through spousal sponsorship
- has lived in Canada for at least 3 years over the past 5 years
- filed taxes in Canada before the Canada Revenue Agency (CRA) for at least 3 years over the past 5 years
- must score Level 4 or higher in the Canadian Language Benchmarks (CLB) for English or French
- pass the citizenship test
If eligible under these requirements, the sponsored foreign spouse may then apply for Canadian citizenship by marriage either online or on paper before the IIRC.
How long does it take to become a Canadian citizen after marriage?
Usually, the processing time for Canadian citizenship by marriage or spousal sponsorship will take up to 11 months if the sponsored foreign spouse lives in Canada or 14 months if they live outside Canada.
To learn more about acquiring Canadian citizenship by marriage, contact a Lexpert best-ranked immigration lawyer in Canada.