If you're in a relationship, whether it's through engagement, marriage, or common law, Canada provides diverse immigration options designed for couples.
Canadian Immigration A Comprehensive Guide for Couples.docx
1. Canadian Immigration: A Comprehensive
Guide for Couples
If you're in a relationship, whether it's through engagement, marriage, or common law, Canada provides
diverse immigration options designed for couples.
Optimizing Canadian Immigration for the Spousal Sponsorship
A highly effective method for immigrating to Canada as a couple is through spousal sponsorship,
particularly if one partner is already residing in Canada as a citizen or permanent resident.
If your spouse is a Canadian citizen or permanent resident, they have the opportunity to sponsor you for
Canadian immigration, allowing you to become a permanent resident, provided they meet specific
eligibility requirements.
To initiate the sponsorship process, the sponsoring individual must:
1. Be at least 18 years old.
2. Be a Canadian permanent resident living in Canada or a Canadian citizen.
3. Not be incarcerated, bankrupt, subject to a removal order (for permanent residents), or facing
serious criminal charges.
4. Not have sponsored a spouse to Canada within the last 5 years.
Additionally, both you and your sponsor must substantiate your relationship, falling into one of the
following three categories for Canadian immigration:
1. Spouse: Legally married, with the marriage validated by a Certificate of Marriage from the
province or territory if within Canada. If the marriage occurred outside Canada, it must be
recognized both in that country and under Canadian federal law.
2. Common-law partner: Cohabitating continuously for at least one year.
3. Conjugal partner: In cases where circumstances beyond the partners' control, such as
immigration barriers or legal restrictions, prevented them from qualifying as common-law
partners or spouses. Moreover, the partners must have been in a mutually dependent
relationship for at least one year, demonstrating a commitment level comparable to marriage or
common-law partnership. This can be evidenced through emotional ties, intimacy, financial
closeness (like joint ownership of assets), and efforts to spend time together and reunite.
2. Canadian Immigration through Express Entry
Express Entry serves as the federal government's control system for three primary Canadian
immigration programs: the Federal Skilled Worker Program (FSWP), the Federal Skilled Trades Program
(FSTP), and the Canadian Experience Class (CEC).
If you aspire to secure Canadian permanent residency as a couple through Express Entry, there are two
approaches:
1. Dependent Declaration:
The primary applicant includes the spouse, common-law partner, or conjugal partner as
a dependent.
The primary applicant must substantiate sufficient settlement funds, demonstrating the
ability to financially support both themselves and their dependents in Canada.
This method is applicable for the FSWP and the FSTP, as the CEC does not permit
dependents in applications.
2. Secondary Applicant:
The spouse, common-law partner, or conjugal partner can be named as a secondary
applicant.
When a spouse is a dependent, their profile is not considered in the calculation of the
overall Comprehensive Ranking System (CRS) score, which determines eligibility based
on factors like age, education, language skills, and work experience.
The CRS score plays a crucial role in receiving invitations for permanent residence in
Express Entry draws.
If your spouse qualifies for Express Entry, they can apply as a secondary applicant. Each partner creates
an individual Express Entry profile, incorporating the spouse in the process. This allows an additional 40
CRS points to be claimed for the partner's profile when submitting the main application.
While proof of funds is still a requirement, the dynamics differ as the partner is viewed as a contributor
to the program. It's essential to evaluate each partner's profile strength before applying, considering
factors such as language proficiency and education level. Opting for the main applicant strategically
enhances the chances of a successful application.
Immigration Strategies for Couples by Provincial Nominee Program
The Provincial Nominee Program (PNP) emerges as a favorable pathway for couples seeking to relocate
to Canada. Virtually every province and territory administers the PNP, attracting skilled workers to
contribute to their specific regions.
3. When pursuing the PNP, it is advisable for the partner possessing the most robust work experience and
education to assume the role of the primary Canadian immigration candidate. If this pertains to you,
you would designate your spouse or partner as a dependent in the application.
Similar to procedures in Express Entry, as the principal applicant, you must furnish proof of adequate
funds to establish a settlement in Canada.
Alternatively, in cases where both you and your spouse or partner meet the eligibility criteria, there is
the option to submit separate applications to immigration programs. Subsequently, withdrawal from
one application becomes possible upon receiving an invitation to apply (ITA). This flexibility
accommodates the dynamic nature of immigration processes, allowing couples to optimize their
chances of successful applications.
Open Work Permits for Spouses and Partners in the Canadian Immigration
Journey
Spouses and partners of Canadian citizens or permanent residents have the opportunity to obtain an
open work permit while their sponsorship application for permanent residence undergoes Canadian
immigration processing.
This allows those being sponsored to work for any employer in Canada, enabling them to financially
support themselves and their family throughout the immigration application process.
To be eligible for an open work permit, the foreign national must fulfill the following criteria:
1. Be a principal applicant who has submitted a permanent residence application under the Spouse
or Common-Law Partner in Canada Class. Alternatively, they can be a spouse, common-law, or
conjugal partner under the family class, whose application has been accepted for processing by
IRCC after a completeness check, and has not been refused or withdrawn.
2. Submit a work permit application requesting a maximum duration of two years.
3. Be the subject of a sponsorship application submitted by their Canadian citizen or permanent
resident spouse, common-law, or conjugal partner.
4. Share the same residential address as their sponsor in Canada at the time of application.
5. Possess a valid temporary resident status in Canada or be eligible for and have applied for the
restoration of their status.
6. Both the applicant and the sponsor must meet all eligibility requirements under spousal or
common-law partner sponsorship.