Canada is a dream destination for many, known for its high quality of life, stable economy, multicultural society, and strong social services. For individuals who are married or in a common-law relationship with a Canadian citizen, obtaining Canadian citizenship might seem like a logical step to build a life together in this welcoming country. However, contrary to common belief, marriage to a Canadian citizen does not automatically grant citizenship. The path to citizenship involves several steps, including gaining permanent residency (PR) and meeting specific criteria set by the Canadian government.
This guide will walk you through the entire process of obtaining Canadian citizenship through marriage, from understanding the role of sponsorship to applying for permanent residency and eventually becoming a citizen.
1. Understanding the Myths: Marriage Does Not Grant Automatic Citizenship
One of the biggest misconceptions about Canadian citizenship is that marriage to a Canadian citizen leads to automatic citizenship. This is not the case. While marriage to a Canadian citizen makes you eligible for sponsorship under the family class, you still need to follow the standard immigration process to become a permanent resident first, then meet the criteria to apply for citizenship later.
Simply being married to or in a common-law relationship with a Canadian does not exempt you from fulfilling the regular requirements of becoming a permanent resident and, later, a citizen.
2. Sponsorship for Permanent Residency: The First Step
The journey to Canadian citizenship through marriage begins with obtaining permanent residency. Your Canadian spouse (the sponsor) will need to submit a sponsorship application to Immigration, Refugees, and Citizenship Canada (IRCC) to sponsor you for permanent residency.
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Who Can Be a Sponsor?
To sponsor you, your spouse must meet certain criteria, including:
- Be a Canadian citizen or permanent resident: Your spouse must either be living in Canada or, if they are a Canadian citizen living abroad, prove that they intend to return to Canada with you after you receive your permanent residency.
- Be at least 18 years old: The sponsor must be of legal age to enter into a contract.
- Not be in default of a previous sponsorship agreement: If your spouse has previously sponsored someone, they must not be in violation of the terms of that agreement (such as not providing financial support).
- Not be bankrupt or receiving social assistance: The sponsor must demonstrate financial stability, ensuring that they can support you during the initial period after your arrival in Canada.
- Not be convicted of a violent crime: Canadian authorities take the safety of sponsored individuals seriously, so the sponsor must have a clean criminal record regarding violent offenses.
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Types of Sponsorship Applications
There are two main types of sponsorship applications, each depending on where the spouse being sponsored is located.
- Inland Sponsorship: If both you and your Canadian spouse are living together in Canada, this option allows you to apply for permanent residency from within Canada. One of the advantages of inland sponsorship is that the person being sponsored can apply for an open work permit while their application is being processed.
- Outland Sponsorship: If you are living outside of Canada, your spouse can sponsor you through the outland sponsorship process. This route allows you to travel in and out of Canada while your application is being processed, though the timelines may vary depending on where you are applying from.
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3. Applying for Permanent Residency
Once the sponsorship application is approved, you can proceed to apply for permanent residency. The processing time for a spousal sponsorship can take anywhere from 12 to 24 months, depending on various factors like application completeness and the number of applications being processed at the time.
Documents Needed for Permanent Residency
To ensure that your application is processed smoothly, you and your spouse will need to submit various documents, including:
- Proof of your relationship (e.g., marriage certificate, photos, joint bank accounts, leases, etc.)
- Proof of Canadian citizenship or permanent residency status for your spouse
- Proof of intent to reside in Canada (if your spouse is a Canadian citizen living abroad)
- Police clearance certificates from every country you have lived in for six months or more since the age of 18
- Medical exam results to prove you are in good health
- Financial information to demonstrate that your spouse can support you financially (though in spousal sponsorship, there’s no strict income threshold)
Completing your application package accurately and providing all required documents is crucial. Missing documents or mistakes can lead to significant delays or even a rejection of your application.
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4. Path to Canadian Citizenship: Eligibility After Permanent Residency
After receiving permanent residency, you will need to live in Canada for a certain period before becoming eligible to apply for citizenship. The key requirements include:
Residency Requirement
As a permanent resident, you must be physically present in Canada for at least 1,095 days (three years) within the five years immediately before you apply for citizenship. These three years do not need to be consecutive but must be within the five-year period.
Language Proficiency
Canada has two official languages: English and French. To qualify for citizenship, you must demonstrate proficiency in one of these languages. Applicants between the ages of 18 and 54 must submit proof of language skills, which could include:
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- Language test results (IELTS or TEF)
- Proof of completion of education in English or French
- Results from government-approved language programs
No Serious Criminal Record
If you have been convicted of a crime in Canada or abroad, it may affect your eligibility for citizenship. Canadian authorities will assess your criminal history as part of your application, and having a serious criminal record could delay or prevent your citizenship application from being approved.
Knowledge of Canada
Applicants aged 18 to 54 must pass a citizenship test to demonstrate their knowledge of Canada’s history, political system, geography, and values. The test consists of 20 multiple-choice questions, and you need to score at least 15 out of 20 to pass. If you fail the test, you’ll have another opportunity to take it.
5. The Citizenship Application Process
Once you meet the eligibility requirements, you can submit your citizenship application to IRCC. Here’s how the process works:
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Step 1: Complete the Application Form
You’ll need to fill out the appropriate citizenship application form (available on the IRCC website) and submit it with the required documents, such as proof of residency and language skills.
Step 2: Pay the Application Fees
The application fee for citizenship is currently CAD $630 for adults (which includes the processing fee and the right of citizenship fee).
Step 3: Attend the Citizenship Test and Interview
After your application is submitted, IRCC will invite you to take the citizenship test (if applicable) and attend an interview. During the interview, a citizenship officer will verify your documents and ask questions about your life in Canada.
Step 4: Take the Oath of Citizenship
Once you pass the test and interview, you will be invited to a citizenship ceremony where you’ll take the Oath of Citizenship. This ceremony is the final step in becoming a Canadian citizen.
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6. Benefits of Canadian Citizenship
After becoming a Canadian citizen, you will enjoy numerous benefits, including:
- Right to vote: You’ll have the right to vote in federal, provincial, and municipal elections.
- Canadian passport: Citizens have access to the Canadian passport, one of the most powerful in the world, allowing for easier international travel.
- No need for permanent residency renewal: Unlike permanent residency, which must be renewed, citizenship is for life.
- Employment opportunities: Some jobs in Canada, especially those in the government, are only available to citizens.
Conclusion
While marrying a Canadian citizen does not automatically grant you Canadian citizenship, it can significantly ease your path to obtaining permanent residency and, eventually, citizenship. By understanding the sponsorship process, fulfilling the requirements for permanent residency, and meeting the criteria for citizenship, you can successfully build a new life in Canada alongside your spouse.
The journey requires patience and meticulous preparation, but with the right guidance, the goal of becoming a Canadian citizen is well within reach.