You might be wondering if it is possible to move to Canada just by dating a Canadian. Yes, it is possible to relocate to Canada by marrying a Canadian citizen or permanent resident, but marriage alone does not guarantee an automatic right to live in Canada.
Here’s how the process works:
A Canadian citizen or permanent resident can sponsor their foreign spouse (in this case, you) to come and live in Canada. The Canadian spouse must apply under the Spousal Sponsorship program.
Eligibility Requirements
- For the Sponsor (Canadian Spouse):
- Must be a Canadian citizen or permanent resident.
- Must not be receiving social assistance for reasons other than a disability.
- Must prove they can financially support their spouse for at least three years.
- For the Applicant (You):
- Must be legally married to the sponsor or in a recognized common-law relationship (if not married).
- Pass medical, security, and background checks.
- Must not be inadmissible to Canada (e.g., for criminal history, misrepresentation, etc.).
Application Process
- Sponsorship Application: Your Canadian spouse applies to sponsor you.
- Permanent Residence Application: You apply for permanent residency, which can be done while you are inside or outside Canada (inland vs. outland sponsorship).
- Processing Time: Processing times can vary, but it can take anywhere from 12 to 18 months, depending on your location and application completeness.
Proof of Genuine Relationship
Immigration Canada will assess whether your marriage is genuine. They may ask for:
- Photos together.
- Communication records.
- Joint bank accounts, leases, or utility bills.
- Other proof that your relationship is not solely for immigration purposes.
Temporary Residency (While Waiting for Permanent Residency)
Apply from within Canada (inland sponsorship). You may be eligible for a Temporary Resident Visa or an Open Work Permit, allowing you to stay in Canada while your permanent residency application is being processed.
You will need various documents for the spousal sponsorship process, and your Canadian spouse will have specific steps to follow to get you to Canada. Here’s a detailed breakdown:
Documents You Will Need:
1. Proof of Identity and Status
- Passport: A valid passport from Nigeria.
- Birth Certificate: As proof of your identity and age.
- Marriage Certificate: Proof that you and your spouse are legally married.
2. Proof of Genuine Relationship
Immigration Canada will require evidence that your relationship is genuine. You can provide:
- Photos together (e.g., wedding photos, travel photos).
- Proof of communication (emails, chats, social media messages).
- Proof of joint assets or liabilities (e.g., joint bank accounts, leases).
- Statements from family or friends affirming the relationship.
- Proof of cohabitation (if you have lived together).
3. Police Certificates
- A police clearance certificate from Nigeria (and any other country where you’ve lived for six months or more since turning 18).
4. Medical Exam
- You’ll need to undergo a medical examination by an approved physician to ensure you don’t have any health issues that might make you inadmissible to Canada.
5. Proof of Financial Support
- Though there is no minimum income requirement for spousal sponsorship, your Canadian spouse must show that they can financially support you, avoiding reliance on social assistance. This can include:
- Employment letters.
- Pay stubs.
- Bank statements.
6. Immigration Forms
- You’ll need to complete various forms as part of the spousal sponsorship and permanent residence application. These forms are available on the official Immigration, Refugees, and Citizenship Canada (IRCC) website.
Steps for Your Canadian Spouse to Follow:
Step 1: Check Eligibility to Sponsor
- Your spouse must confirm they meet the eligibility criteria to sponsor:
- Be a Canadian citizen or permanent resident.
- Be at least 18 years old.
- Not be in prison, bankrupt, or under a removal order (for permanent residents).
- Not have been sponsored by a spouse within the last 5 years.
Step 2: Gather Required Documents
- Your spouse must gather their documents, including proof of Canadian citizenship or permanent residency, proof of income (if applicable), and any other relevant paperwork to show the authenticity of the relationship.
Step 3: Choose the Sponsorship Type
- Inland Sponsorship: If you’re already in Canada, you can apply from within Canada. You can also apply for an open work permit while processing your application.
- Outland Sponsorship: This is the standard process if you are still in Nigeria. You will remain outside Canada during the application processing, but you can visit Canada if you obtain a temporary visa (visitor visa).
Step 4: Complete Sponsorship and Permanent Residence Forms
- Your spouse will need to complete the Sponsorship Application Package. This includes forms like:
- Application to Sponsor, Sponsorship Agreement, and Undertaking.
- Application for Permanent Residence.
- You must provide extensive details on your relationship and history to prove the marriage is genuine.
Step 5: Submit the Application
- Once all documents and forms are ready, your spouse submits the sponsorship application to IRCC.
- Be sure the application is complete to avoid delays. If any information is missing, IRCC may return the application.
Step 6: Wait for Processing
- After applying, the waiting period begins. Processing times vary, typically ranging from 12 to 18 months.
- IRCC may request additional information or documents, and you may also be called for an interview to verify the legitimacy of your marriage.
Step 7: Get Your Permanent Residence
- Once the sponsorship is approved and all checks (medical, police, and relationship) are complete, you’ll be granted permanent residency in Canada.
- If you’re outside Canada, you’ll receive a Confirmation of Permanent Residence (COPR) and a permanent resident visa in your passport, allowing you to travel to Canada and become a permanent resident.
Additional Steps for Your Canadian Spouse:
- Financial Responsibility: The Canadian spouse must agree to support you financially for at least three years after you become a permanent resident.
- No Social Assistance: The sponsor must ensure they are not receiving social assistance (welfare) except for disability reasons.
Key Tips:
- Organization: Ensure all documents are properly gathered and organized to avoid delays.
- Legal Help: Consult an immigration lawyer to ensure your application is completed accurately.
- Communication: Keep all records of your communication with your spouse, as they can prove a genuine relationship.
If you are not yet married to your Canadian partner but plan to marry and relocate to Canada, here’s a step-by-step guide on how you can get married and start the relocation process:
Step 1: Decide Where to Get Married
You can either:
- Get married in Nigeria, or
- Get married in Canada.
Both options are valid for the spousal sponsorship process, but each has specific steps.
Option 1: Getting Married in Nigeria
If you choose to marry in Nigeria, follow these steps:
1. Marry in Nigeria
- Civil Marriage (Registry Marriage): You can marry at a government-recognized marriage registry in Nigeria. This is often the simplest way to obtain a legally recognized marriage certificate.
- Religious or Customary Marriage: If you opt for a religious or customary marriage, ensure that it meets all legal requirements and that you can get a marriage certificate recognized by the Nigerian government.
2. Obtain Your Marriage Certificate
After the wedding, you’ll need to get an official marriage certificate issued by the Federal Marriage Registry in Nigeria, which will be required for the spousal sponsorship application.
3. Start the Sponsorship Process
- Once married, your Canadian spouse can apply to sponsor you under the Spousal Sponsorship program. You would apply for permanent residency after that.
- Follow the steps in my earlier response, gathering documents and evidence of a genuine relationship to submit to Immigration, Refugees, and Citizenship Canada (IRCC).
Option 2: Getting Married in Canada
If you wish to marry in Canada and then apply for sponsorship, here’s how to do it:
1. Apply for a Visitor Visa
First, You must apply for a Temporary Resident Visa (visitor visa) to enter Canada. While a visitor visa is not guaranteed, you can increase your chances by:
- Demonstrating strong ties to Nigeria (e.g., employment, property, family).
- Showing you have enough funds to support yourself during your stay.
- Proving your intention to return to Nigeria after your visit (since you can’t claim you’re visiting to stay permanently before applying for sponsorship).
2. Get Married in Canada
Once in Canada, you can legally marry your partner. Here’s how:
- Marriage License: Apply for a marriage license from a provincial or territorial government office (each province has different processes, but it’s generally straightforward).
- Marriage Ceremony: Have a civil or religious marriage ceremony officiated by someone authorized to do so in Canada. Make sure the marriage is legally recognized.
- Marriage Certificate: After the marriage, you’ll receive a marriage certificate issued by the province, which is essential for the sponsorship application.
3. Start the Sponsorship Process
After your marriage, your spouse can immediately apply to sponsor you under the spousal sponsorship program. You can apply for permanent residency while you’re still in Canada (inland sponsorship), or if you return to Nigeria, you can use it from there (outland sponsorship).
- If you’re already in Canada, you can apply for an Open Work Permit while your permanent residency application is being processed. This allows you to work legally in Canada while waiting.
Option 3: Common-Law Partner
If you’re not yet married but have been living together in a genuine, conjugal relationship for at least 12 consecutive months, you may be able to apply as a common-law partner.
Requirements:
- You must show evidence that you’ve lived together continuously for one year. This can include joint leases, shared utility bills, shared bank accounts, and statements from friends and family confirming your relationship.
- If you can prove your common-law relationship, your partner can sponsor you without needing to get legally married.
Step 2: Spousal Sponsorship Process (After Marriage or Common-Law Relationship)
Once you’re married (or recognized as common-law partners), your Canadian spouse can sponsor you for permanent residency by following these steps:
- Gather Documents:
- Marriage Certificate or proof of common-law relationship.
- Proof of Genuine Relationship (photos, communication records, joint assets, etc.).
- Identity Documents: Passport, birth certificate, etc.
- Police Clearance: From Nigeria and any other country where you’ve lived for over six months.
- Medical Exam: Undergo a medical examination by an approved doctor.
- Submit the Sponsorship and Permanent Residence Applications:
- Complete the sponsorship application package available on the IRCC website.
- Submit the sponsorship and permanent residency applications together.
- Processing Time:
- Spousal sponsorship applications’ processing time typically takes 12 to 18 months.
- Approval:
- Once the application is approved, you’ll be granted permanent residency in Canada.
Tips for a Successful Application
- Genuine Relationship: It’s important to provide strong evidence that your relationship is genuine. IRCC is particularly strict about marriages that might seem to be for immigration purposes only.
- Legal Help: You might consider consulting an immigration lawyer, especially if you’re unsure about any aspect of the process.