Canada Spousal Visa: How to Get a Marriage Visa to Work in Canada

What Is a Canada Spousal Visa?

A Canada Spousal Visa, often referred to as a Spousal Sponsorship, is a type of immigration pathway under the Family Class sponsorship program. It enables a Canadian citizen or permanent resident to sponsor their foreign spouse or common-law partner for permanent residence in Canada.

Types of Relationships Eligible:

• Legally married spouses

• Common-law partners (living together for at least 12 consecutive months)

• Conjugal partners (in a committed relationship for at least a year but unable to live together due to exceptional circumstances)

Who Can Sponsor?

To be eligible to sponsor a spouse, the sponsor must:

• Be at least 18 years old

• Be a Canadian citizen or permanent resident

• Be residing in Canada or plan to return when the spouse is granted permanent residence

• Not be receiving social assistance (except for disability)

• Be able to demonstrate the ability to provide basic financial support for their spouse

There is no minimum income requirement for spousal sponsorship, but financial responsibility remains important.

Who Can Be Sponsored?

The person being sponsored must:

• Be at least 18 years old

• Be in a genuine relationship with the sponsor

• Not be inadmissible to Canada for criminal, medical, or immigration-related reasons

 Inland vs. Outland Sponsorship

There are two main types of spousal sponsorship applications:

Inland Sponsorship:

• The spouse is already in Canada (e.g., on a visitor visa or work permit)

• Allows the sponsored spouse to apply for an Open Work Permit

• The couple must live together in Canada during processing

Outland Sponsorship:

• The spouse is living outside Canada

• Usually processed faster than inland applications

• The sponsored spouse can remain in their home country during the process

How to Apply for a Canada Spousal Visa

The application process for a Canada Spousal Visa involves multiple steps. Below is a step-by-step guide to help you navigate the process successfully.

Step 1: Gather Required Documents

Before starting the application, ensure that you have the necessary documents, including:

• Valid passport of the sponsored spouse.
• Marriage certificate or proof of common-law relationship.
• Photographs as per the IRCC specifications.
• Medical examination results.
• Police clearance certificates.
• Proof of financial support from the sponsor.
• Proof of genuine relationship (e.g., joint bank accounts, communication records, shared lease agreements).

Step 2: Complete the Application Forms

The sponsor and the sponsored spouse must complete several forms, including:

• IMM 5289 – Application to Sponsor a Spouse/Common-Law Partner.
• IMM 0008 – Generic Application for Permanent Residence.
• IMM 5669 – Schedule A: Background/Declaration.
• IMM 5406 – Additional Family Information.

Step 4: Submit the Application

The application package must be submitted online through the IRCC website or mailed to the appropriate processing center. It is crucial to double-check all documents to avoid delays.

Step 5: Biometrics and Medical Examination

Once the application is received, IRCC will request biometrics and a medical examination. These are essential steps in assessing the applicant’s admissibility to Canada.

Step 6: Attend an Interview (if required)

In some cases, IRCC may request an interview to verify the authenticity of the relationship. This interview is usually conducted at a visa office or consulate.

Step 7: Wait for Processing and Approval

The processing time for spousal sponsorship applications varies. On average:

• Inland sponsorship applications take 12–18 months.
• Outland sponsorship applications take 10–12 months.

If the application is approved, the sponsored spouse will receive a Confirmation of Permanent Residence (COPR) and a visa to travel to Canada.

Can a Spouse Work in Canada on a Spousal Visa?

Yes! If the spouse is applying through Inland Sponsorship, they can apply for an Open Work Permit while waiting for their permanent residency application to be processed. This allows them to work for any employer in Canada without needing a specific job offer.

How to Get for a Spousal Open Work Permit

1. Submit an application for an Open Work Permit along with the spousal sponsorship application.
2. Wait for approval (processing times vary but typically take 4–6 months).

Once the work permit is granted, the spouse can start working in Canada while their permanent residency application is being processed.

Common Reasons for Refusal

Spousal visa applications can be refused for reasons such as:

• Relationship is not genuine or appears to be a “marriage of convenience”

• Incomplete application or missing documents

• Criminal inadmissibility or past immigration violations

• Failure to prove cohabitation (inland) or communication (outland)

To minimize risks, provide comprehensive documentation and honest, consistent answers throughout.

Hiring an Immigration Consultant or Lawyer

While many applicants successfully apply on their own, hiring a Regulated Canadian Immigration Consultant (RCIC) or immigration lawyer can be beneficial, especially for complex cases or prior refusals. They can help with document preparation, legal representation, and navigating tricky issues.

The Canada Spousal Visa is a powerful route for couples to reunite and build a life together in Canada. By understanding the eligibility criteria, choosing the right application stream, and preparing a thorough and honest application, your chances of a successful outcome significantly increase. Once granted, the visa opens the door to permanent residence, employment, and the opportunity to thrive in one of the world’s most welcoming countries.