Immigration Advice for Canadian Citizenship through Marriage

Marrying a Canadian citizen opens up the possibility of applying for Canadian citizenship, but the process involves more than just saying “I do.” While marriage to a Canadian citizen can significantly affect your immigration status, it’s essential to understand the specific pathways, requirements, and legal steps to secure your Canadian permanent residency (PR) and, eventually, citizenship.

Can You Get Canadian Citizenship Through Marriage?

Many people wonder if they can automatically obtain Canadian citizenship simply by marrying a Canadian citizen. The answer is no—marriage to a Canadian citizen does not directly grant you Canadian citizenship. However, marriage to a Canadian citizen can be an important step in the process of obtaining permanent residency (PR), which is a prerequisite for applying for Canadian citizenship.

The journey typically involves the following stages:

1. Spousal Sponsorship (Permanent Residency)
2. Living in Canada as a Permanent Resident
3. Applying for Canadian Citizenship

Applying for Permanent Residency (PR) Through Marriage

Before you can apply for Canadian citizenship, you must first become a permanent resident of Canada. This process is initiated through the Spousal Sponsorship Program under Canada’s Family Class Sponsorship.

Eligibility for Spousal Sponsorship

To qualify for the Spousal Sponsorship program, you (the spouse of a Canadian citizen) and your Canadian spouse must meet specific eligibility criteria:

• For the Sponsor (Canadian Citizen or Permanent Resident):
  • Be at least 18 years old.
  • Be a Canadian citizen or a permanent resident.
  • Be able to prove the relationship is genuine (e.g., marriage certificate, joint financial accounts).
  • Be able to provide financial support for the sponsored spouse.
• For the Applicant (Spouse or Common-Law Partner):
  • Be legally married to a Canadian citizen or permanent resident.
  • Be able to prove the relationship is genuine and not for immigration purposes (e.g., shared financial responsibilities, joint assets, etc.).
  • Complete medical exams and provide police clearance certificates.
  • Be at least 18 years old.

The Application Process for Spousal Sponsorship

1. Gather Documents: Both the sponsor and the applicant will need to submit several forms and documents, including proof of the marriage, police certificates, medical exams, and the application for permanent residence.
2. Submit the Application: After collecting the necessary documents and forms, the sponsor submits the application to Immigration, Refugees and Citizenship Canada (IRCC). This can be done through the Inland or Outland sponsorship route, depending on where the applicant resides.
3. Wait for Processing: Once the application is submitted, it can take several months to process. The applicant will need to wait for approval, during which time they can remain in Canada if applying through inland sponsorship or reside abroad if applying through outland sponsorship.
4. Permanent Residency Approval: Upon approval, the applicant will receive permanent residency status, which allows them to live, work, and study in Canada.

Living in Canada as a Permanent Resident

Once your spousal sponsorship is approved, you will receive permanent resident status in Canada. As a permanent resident, you can live, work, and study anywhere in Canada. However, permanent residency is a stepping stone towards Canadian citizenship, and you must meet additional requirements before applying.

Requirements for Maintaining Permanent Residency

• Residency Obligation: You must live in Canada for at least 730 days (2 years) in every 5-year period to maintain your PR status. These days don’t have to be consecutive, but you must meet this requirement for at least two years before applying for citizenship.
• No Serious Criminal Record: You must not have been convicted of any serious criminal offenses during your time as a permanent resident.
• File Taxes: To maintain your PR status, you must file taxes as required under Canadian law.

Applying for Canadian Citizenship

After meeting the permanent residency requirements, you can apply for Canadian citizenship. Becoming a Canadian citizen grants you full rights, including the right to vote, run for public office, and travel with a Canadian passport.

Eligibility for Canadian Citizenship Through Marriage

In addition to meeting the basic permanent residency requirements, applicants for Canadian citizenship must fulfill the following criteria:

1. Permanent Resident Status: You must hold permanent resident status and have lived in Canada for at least 3 years (1,095 days) out of the 5 years immediately before you apply.
2. Language Proficiency: You must be able to speak either English or French at a basic level. This requirement applies to applicants between the ages of 18 and 54.
3. Tax Filing: You must have filed taxes in Canada for at least 3 years within the 5-year period before applying for citizenship.
4. No Criminal Record: If you have been convicted of a serious criminal offense, you may be ineligible for Canadian citizenship.

The Canadian Citizenship Application Process

1. Complete the Application: Fill out the Canadian citizenship application form. You will need to provide information about your immigration status, background, and time spent in Canada.
2. Submit the Application: Submit your completed application, along with the necessary documents (e.g., PR card, proof of tax filing, language proficiency test results).
3. Wait for Approval: Processing times for citizenship applications can vary, but it generally takes several months to a year. If there are no issues with your application, you may be asked to attend an interview and take a citizenship test.
4. Citizenship Ceremony: If your application is approved, you will be invited to a citizenship ceremony where you will take the Oath of Citizenship, officially becoming a Canadian citizen.

Common Challenges in the Application Process

While marriage to a Canadian citizen provides a direct route to permanent residency, several challenges can arise during the immigration process:

• Documenting a Genuine Relationship: You must provide ample evidence that your marriage is legitimate and not just for immigration purposes. This can be difficult if you do not have joint financial records or a long history together.
• Processing Delays: Immigration applications often experience delays, especially if there are missing documents, background checks, or additional scrutiny required.
• Residency Obligations: Failing to meet the residency requirements for permanent residents can delay or complicate your citizenship application.
• Language and Tax Filing Requirements: Proving language proficiency and tax filing compliance can be barriers for some applicants.

How Immigration Lawyers Can Help

While you can apply for Canadian permanent residency and citizenship independently, the process can be complex. An experienced immigration lawyer can guide you through each step, ensuring that your application is complete and meets all legal requirements.

• Assessment of Eligibility: An immigration lawyer can assess your eligibility for spousal sponsorship and Canadian citizenship, ensuring there are no overlooked requirements.
• Document Preparation: Lawyers help ensure that all documents are correctly prepared, filed, and meet the IRCC standards, which can significantly reduce the risk of delays or refusals.
• Handling Issues: If there are complications in your application (e.g., concerns about the genuineness of your relationship, criminal issues, or previous visa refusals), an immigration lawyer can assist in resolving them.

Conclusion

While marriage to a Canadian citizen is an essential part of the journey to Canadian citizenship, it’s only the first step. Through the spousal sponsorship program, you can gain permanent residency, and after meeting the necessary requirements, apply for Canadian citizenship. Understanding the process, documenting your relationship, and ensuring compliance with residency and language requirements will help smooth the path to becoming a Canadian citizen.

For additional support, consider working with an immigration lawyer to navigate the complexities of Canadian immigration laws and ensure the best possible outcome for you and your spouse.