Applying for a Spouse Dependent Visa to Canada can be a complex process, but with the right information and careful preparation, it becomes manageable. This comprehensive guide will walk you through understanding the visa, the step-by-step application process, and what to expect after submission.
1. Understanding the Spouse Dependent Visa
What is a Spouse Dependent Visa?
A Spouse Dependent Visa, also known as Family Class Sponsorship, allows Canadian citizens and permanent residents to sponsor their foreign spouse for permanent residency in Canada. The primary purpose of this visa category is to reunite families and help spouses live together in Canada.
Who is Eligible?
Sponsor Eligibility
To be eligible to sponsor a spouse, the sponsor must:
Be a Canadian citizen or permanent resident.
Be at least 18 years old.
Reside in Canada or, if living abroad, intend to return to Canada once the spouse becomes a permanent resident.
Not be in prison, charged with a serious offense, or declared bankrupt.
Not be receiving social assistance for reasons other than disability.
Applicant Eligibility
To be eligible as a sponsored spouse, the applicant must:
Be legally married to the sponsor or in a common-law relationship (living together for at least 12 consecutive months) or a conjugal partner (in a relationship for at least one year and unable to live together due to significant legal and immigration barriers).
Be at least 18 years old.
Meet all medical, criminal, and background checks as required by IRCC.
Types of Sponsorship
Inland Sponsorship
Inland sponsorship is when the spouse being sponsored is already in Canada on a temporary visa. The key features are:
The applicant can apply for an open work permit, allowing them to work while the sponsorship application is processed.
The couple must live together in Canada during the processing period.
Outland Sponsorship
Outland sponsorship is when the spouse being sponsored is outside Canada. The main points include:
The application is processed through the visa office that serves the applicant’s country of residence.
The applicant can travel in and out of Canada during the processing time.
Processing times can vary depending on the visa office.
2. Step-by-step Application Process
Gathering Required Documents
Documents for the Sponsor
Proof of Canadian citizenship or permanent residency (e.g., passport, citizenship certificate, PR card).
Proof of income (e.g., tax returns, pay stubs) to demonstrate financial stability.
Proof of relationship with the spouse (e.g., marriage certificate, photographs, joint bank accounts, communication records).
Documents for the Applicant
Valid passport.
Birth certificate.
Police clearance certificates from all countries where the applicant has lived for six months or more since the age of 18.
Medical examination results.
Additional proof of relationship (if required).
Translation and Notarization
Any documents not in English or French must be translated by a certified translator.
Some documents may also need to be notarized to confirm their authenticity.
Creating an Online Account
Visit the official IRCC website and create a GCKey account or use a Sign-In Partner.
Log in to your account and choose “Apply to Come to Canada.”
Select the option for family sponsorship and follow the prompts to begin your application.
Filling out the Application Forms
IMM 1344 – Application to Sponsor, Sponsorship Agreement, and Undertaking: Ensure all sections are completed accurately, including personal details and signatures.
IMM 5532 – Relationship Information and Sponsorship Evaluation: Provide detailed information about your relationship, including how you met, joint activities, and future plans.
IMM 5406 – Additional Family Information: List all immediate family members, including those not coming to Canada.
IMM 5669 – Schedule A – Background/Declaration: Provide a detailed personal history, including education, work experience, and travel history.
Paying Application Fees
Check the current fee structure on the IRCC website. Fees typically include the sponsorship fee, principal applicant fee, right of permanent residence fee, and biometric fees.
Fees can be paid online via credit card or through other specified payment methods.
If applicable, some applicants may qualify for a fee waiver due to financial hardship or humanitarian reasons.
Submitting the Application
Review the completed application forms and ensure all required documents are included.
Submit the application online through your IRCC account.
After submission, you will receive an acknowledgment of receipt (AOR) from IRCC.
Common mistakes to avoid include missing signatures, incomplete forms, and incorrect fees.
3. After Application Submission
Processing Timelines
Processing times for spouse dependent visas can vary. Generally, inland sponsorship applications take about 12 months, while outland sponsorship applications can take 12-24 months depending on the visa office.
Communication from IRCC
IRCC will communicate with you through your online account and by email. Important updates include:
Acknowledgment of receipt (AOR).
Requests for additional information or documents.
Notices about medical examinations or interviews.
Interviews and Medical Examinations
Interviews
Not all applicants are required to attend an interview. If selected, you will be informed in advance.
The interview will focus on verifying the authenticity of your relationship and assessing eligibility.
Medical Examinations
All applicants must undergo a medical examination by a panel physician approved by IRCC.
The results will be sent directly to IRCC.
Appealing a Refusal
If your application is refused, you have the right to appeal the decision to the Immigration Appeal Division (IAD) within 30 days. The appeal process involves:
Submitting a Notice of Appeal to the IAD.
Attending a hearing where you can present additional evidence to support your case.
Receiving a decision from the IAD.
Conclusion
By following this detailed guide, you can navigate the spouse dependent visa application process with greater confidence and clarity. Remember to double-check all information and documents before submission to avoid delays and ensure a smooth application experience.