Whether you’re engaged, married, or in a common-law relationship, Canada offers several immigration programs tailored for couples.
Spousal Sponsorship
One of the most effective ways to immigrate to Canada as a couple is through spousal sponsorship. This option is ideal if your spouse or partner is already living in Canada or is a Canadian citizen or permanent resident.
If your spouse is a Canadian citizen or permanent resident, they can sponsor you to join them in Canada and apply for permanent residency, provided they meet the necessary eligibility requirements.
Requirements to Sponsor a Spouse or Partner
To sponsor your spouse or partner for Canadian immigration, the sponsor must meet the following criteria:
- Be at least 18 years old.
- Be a Canadian permanent resident living in Canada or a Canadian citizen.
- Not be in prison, bankrupt, under a removal order (if a permanent resident), or charged with a serious offense.
- Not have been sponsored to Canada as a spouse within the last five years.
Additionally, both you and your sponsor must demonstrate that your relationship falls under one of these three categories:
1. Spouse:
You are legally married.
- For marriages within Canada, a Certificate of Marriage from the province or territory is sufficient to validate the marriage.
- For marriages outside Canada, the marriage must be valid under the laws of that country and recognized under Canadian federal law.
2. Common-law Partner:
You have lived together continuously for at least one year in a conjugal relationship.
3. Conjugal Partner:
You may qualify as a conjugal partner if exceptional circumstances beyond your control have prevented you from becoming common-law partners or spouses (e.g., immigration barriers, legal restrictions on divorce, or same-sex relationships).
- The relationship must be mutually dependent for at least one year, showing the same level of commitment as a marriage or common-law partnership.
- Evidence can include emotional ties, intimacy, joint financial assets, and efforts to spend time together or reunite.
Express Entry
Express Entry is the federal government’s system for managing three key immigration programs: the Federal Skilled Worker Program (FSWP), the Federal Skilled Trades Program (FSTP), and the Canadian Experience Class (CEC).
If you're applying for Canadian permanent residency as a couple through Express Entry, you can do so in one of two ways:
- The main applicant can list their spouse, common-law partner, or conjugal partner as a dependent, or
- The spouse/partner can be named as a secondary applicant.
It’s important to note that dependents can only be included in applications for the FSWP and FSTP, as the CEC does not permit dependents.
When you include your spouse or partner as a dependent, you are considered the primary applicant and must demonstrate sufficient settlement funds. Meeting the proof of funds requirement is necessary to show you can financially support yourself and your dependents in Canada.
When your spouse or partner is a dependent on your application, their profile doesn’t count towards your Comprehensive Ranking System (CRS) score, which is used to rank candidates based on factors like age, education, language skills, and work experience. Candidates with higher CRS scores are invited to apply for permanent residence.
If your spouse qualifies for Express Entry, they can apply as a secondary applicant, creating their own profile and adding you as a dependent. This allows you to claim an additional 40 CRS points.
Though proof of funds is still required, your partner will be seen as a contributor. It’s crucial to consider which partner has the stronger profile to determine who should be the main applicant.
Provincial Nominee Program (PNP)
The Provincial Nominee Program (PNP) is an excellent pathway for couples looking to move to Canada. Almost every province and territory in Canada runs a PNP to attract skilled workers to their regions.
When applying through the PNP, the partner with the strongest work experience, education, and qualifications should apply as the primary candidate. If that's you, your spouse or partner would be listed as a dependent on the application.
As the main applicant, similar to Express Entry, you would need to provide proof of sufficient funds to support your settlement in Canada.
Alternatively, if both you and your spouse or partner are eligible, you can each apply separately to different immigration programs and withdraw from one once you receive an invitation to apply (ITA).
Open Work Permit for Spouses
Spouses and partners of Canadian citizens or permanent residents can apply for an open work permit while their permanent residence sponsorship application is being processed.
This allows sponsored individuals to work for any employer in Canada, providing financial support for themselves and their family during the immigration process.
To be eligible for an open work permit, the foreign national must:
- Be the principal applicant who has submitted a permanent residence application under the Spouse or Common-Law Partner in Canada Class, or as a spouse, common-law, or conjugal partner under the family class that has been accepted for processing by IRCC and has passed a completeness check, without being refused or withdrawn.
- Have applied for a work permit for a duration of up to two years.
- Be the subject of a sponsorship application submitted by their Canadian citizen or permanent resident spouse, common-law, or conjugal partner.
- Share the same residential address as their sponsor in Canada at the time of the application.
- Have valid temporary resident status in Canada or have applied for status restoration.
- Both the applicant and the sponsor must meet all eligibility requirements for spousal or common-law partner sponsorship.
