Immigration to Canada through marriage

Among the immigration programs offered by the Canadian government, one of the fastest ways to immigrate to this country is through marriage or the spousal sponsorship visa. The Canadian government, recognizing the importance of family and its cohesion, has created conditions that allow citizens or permanent residents to easily facilitate the immigration of a non-Canadian spouse so they can live together in Canada.

If you belong to the following groups:

You are a non-Canadian living outside of Canada;

You are a non-Canadian but currently in Canada on a temporary visa, such as a student, work, or tourist visa.

Through marriage to a Canadian citizen or permanent resident, you can initially obtain permanent residency in Canada, and then, by meeting the necessary requirements, gain Canadian citizenship along with a Canadian passport.

However, the first step to obtaining permanent residency in Canada through marriage is to acquire the Canadian marriage visa.

To know what conditions and documents are needed for this type of visa or what types of marriages are accepted by the Canadian government, as well as to learn about many other essential matters, we recommend reading this helpful article.

Advantages of immigrating to Canada through marriage

When applying for a Canadian marriage visa, you do not need to provide proof of financial means; that responsibility falls on your Canadian spouse.

You do not need any specific education or job.

There is no need to provide a language proficiency score when applying for the visa.

You receive permanent residency in Canada immediately after obtaining your visa.

If you have dependent children, they can accompany you and obtain permanent residency in Canada as well.

You can work in Canada and earn an income.

Your dependent children can study in Canadian schools for free.

You benefit from health insurance coverage.

After receiving permanent residency in Canada, you can apply for Canadian citizenship after a certain period, provided you meet the necessary conditions.

Once you obtain Canadian citizenship, you enjoy all the benefits of being a citizen of this country.

Laws of marriage in Canada

Marriage in Canada, whether for its citizens or for foreigners, is subject to specific laws, which we’ll outline below:

The minimum age for marriage in Canada has been 16 years since June 19, 2015. When one or both partners are between the ages of 16 and the legal age of majority, their marriage requires parental consent. The legal age in some provinces of Canada is 19, while in others it is 18. Marriages that take place after June 8, 2016, in Quebec, where one or both partners are aged between 16 and 18, must be approved by one of the courts in Quebec.

For applying for a marriage visa in Canada, both partners must be at least 18 years old. So, if they married before reaching 18 and their marriage is legal according to the Canadian government, they must still be 18 to apply for permanent residency through marriage.

Marriages between blood relatives are prohibited, including relationships with parents, siblings, children, stepchildren, grandparents, grandchildren.

A marriage conducted outside Canada must comply with both the laws of the jurisdiction of that country and Canadian federal laws to be considered legal for immigration purposes. Marriages performed outside Canada in embassies or consulates must also be legally recognized by the host country to be valid for immigration to Canada.

For example, if you are Iranian and plan to marry a Canadian citizen at the Iranian consulate in Turkey, the marriage at the consulate must be recognized by the Turkish government.

Marriages that take place in a third country, as long as they are in accordance with the laws of that country and Canadian federal laws but do not align with the laws of the first country (the country of origin), are still accepted by Canada.

For instance, if you are Iranian and plan to marry a Canadian citizen in Georgia, as long as your marriage complies with the marriage laws of Georgia and Canada but does not obtain religious registration (accepted by the Iranian government), it would still be considered valid by the Canadian government.

The most common barrier to legal marriage in Canada is a previous marriage that hasn’t been dissolved. Previous marriages can be dissolved through annulment, divorce, or the death of one party.

Divorces must be legal. Applicants who have been previously married must either be legally divorced or their previous marriage must be legally annulled before they can remarry. Marriage must take place in person. If one of the parties is not physically present at the time of marriage, and it’s considered a “proxy marriage,” that marriage is not recognized by the Canadian government.

Polygamous marriage is not legal in Canada and is considered a crime under Canadian criminal law.

Conditions for spousal sponsorship, immigrating to Canada through marriage

To obtain permanent residency in Canada through marriage to a Canadian citizen or permanent resident, the Canadian government has established rules and conditions for both the individual who is going to be your future spouse and financially support you—referred to as the sponsor—and for you as the sponsored spouse. Without meeting these requirements, your application for permanent residency will be denied.

We will now detail these conditions.

Requirements for the sponsor

(the spouse who is a citizen/permanent resident of Canada)

Must be 18 years or older;

Must be a citizen or permanent resident of Canada (holding PR);

Must provide a written commitment to support their spouse financially for three years after they obtain permanent residency (the three-year period applies to all provinces except Quebec);

Must not have a criminal record;

Must not owe money to the Canadian government;

Must not have sponsored someone else in the past three years;

Must live in Canada:

If they are a citizen and living outside Canada at the time of their spouse’s permanent residency application, they must provide documentation proving they will live in Canada after their spouse obtains permanent residency;

If they are a permanent resident living outside Canada, they are not allowed to apply for their spouse’s permanent residency.

Must not receive financial assistance from the Canadian government (unless they have a physical disability);

Must have the ability to financially support their spouse (there’s no need to provide proof of financial capability according to the Low Income Cut-Off (LICO) table unless their spouse has dependent children who themselves have dependent children).

Requirements for the sponsored individual

(spouse of a Canadian citizen or permanent resident who is a non-Canadian national)

You must be at least 18 years old.

You must be the sponsored spouse and prove that your relationship is genuine, not just a marriage of convenience for the sake of obtaining permanent residency in Canada.

You must not have a criminal record.

You should be in good health and undergo the medical exams required by Canada.

It’s worth noting that the Canadian government has not only established sponsorship conditions for spouses but also allows partners of Canadian citizens or permanent residents to benefit from this privilege and obtain permanent residency in Canada. All the conditions mentioned for sponsors and sponsored individuals in the context of marriage also apply to partnership relationships.

But who is considered a partner and what types are there?

In Canada, there are two types of non-marital relationships recognized for sponsorship, where the individuals in these relationships are called partners:

Common-law partner

A common-law relationship is one where both individuals have lived together continuously and jointly for at least 12 months but have not been legally married. During this time, partners should not live separately unless their separation is temporary and short-term, due to family commitments or business trips that keep them apart for a while.

Depending on whether the sponsor and the sponsored individual are inside or outside Canada at the time of applying for sponsorship, a few points are necessary to note:

If outside Canada

If the sponsor is a Canadian citizen and, at the time of applying for sponsorship, their partner is outside Canada but they live together, their application is permitted as long as they can prove that they will live together in Canada after their partner receives permanent residency.

If the sponsor is a permanent resident of Canada and, at the time of applying for sponsorship, their partner is living outside Canada, their application is not allowed and will be rejected.

If inside Canada

If the sponsor is a Canadian citizen or permanent resident and is applying for the Common-law partner in Canada sponsorship program, they must be living together in Canada at the time they apply for this program.

Conjugal partner

In this type of relationship, one party is a non-Canadian citizen living outside of Canada, who has been in a committed and binding relationship with a Canadian citizen or permanent resident for at least one year, but they have not been able to live together. Such an individual, if living inside Canada, will not be eligible for the sponsorship program under conjugal partner.

In Iran, these two types of relationships are not recognized legally or religiously, but the Canadian government recognizes these relationships, provided they are genuine. If you are in one of these two types of relationships with a Canadian citizen or permanent resident, your Canadian partner can facilitate your immigration to Canada through sponsorship.

However, declaring these types of relationships requires proof, and it’s not as simple as anyone stating that they are the partner of a Canadian citizen or PR. Given the laws of Iran, which do not accept such relationships, proving the authenticity of the relationship to the Canadian government for immigration purposes is not easy.

The Canadian government is very strict in preventing permanent residency from being granted to partners in sham or non-genuine relationships, to the extent that you need to provide various documents to the Canadian immigration office to prove the legitimacy of these relationships, which we will discuss further in this article.

Ways to prove a spousal relationship in Canada

If you are the spouse or partner of a Canadian citizen or permanent resident, you need to provide documents to verify that your relationship is real and substantial. Even in a marriage, simply presenting a marriage certificate is not sufficient; you must provide additional documents as well:

Proving the authenticity of a marital relationship

Since some individuals attempt to gain permanent residency in Canada through sham marriages, the Canadian immigration officer may request additional documents beyond the marriage certificate to ensure the marriage is genuine. These may include:

Photos from the wedding and engagement ceremony featuring family members, relatives, and friends.

Family photos before and after the wedding.

Photos related to joint trips.

Documents related to shared travels like hotel booking confirmations, plane tickets, receipts for recreational activities during trips, etc.

Joint bank accounts (if available).

Property documents with joint ownership (if available).

Identity documents like birth certificates.

Proving the authenticity of a common-law partner relationship

For common-law partnerships, to prove that you have lived together for at least 12 months, you will need to provide the following documents:

Documents showing joint ownership of residential property (if available);

Lease or mortgage documents that were arranged jointly;

Joint bills for gas, electricity, water, and phone.

Joint bank accounts (if available).

Important documents that show both parties’ shared address, like driver’s licenses.

Identity documents.

Additionally, other documents that can demonstrate the authenticity of the relationship include:

Couple photos and pictures with friends or family members.

Documents showing a history of joint travel, such as round-trip plane tickets, hotel booking receipts, immigration stamps (if traveling by air).

Providing all these documents isn’t mandatory to prove the authenticity of the relationship, and the immigration officer may consider other factors depending on each case’s circumstances. However, if possible, gather the mentioned documents.

Proving the authenticity of a conjugal partner relationship

As previously mentioned, in a conjugal relationship, living together isn’t required, but both individuals must be committed to the relationship for at least a year. To prove this type of relationship, the following documents can be submitted:

Couple photos and pictures with friends or family members.

Documents related to joint trips, such as plane, train, or bus tickets; hotel booking receipts, joint purchase receipts, receipts for visits to recreational places, etc.

Identity documents like passports and entry/exit stamps from traveling.

Records of phone calls, video calls, chats.

Documents for Canada Marriage Visa

To migrate to Canada and obtain permanent residency through marriage, each spouse or partner needs to provide certain documents, either as the sponsor or the sponsored. Besides the documents mentioned in the “Ways to Prove Marital Status in Canada” section, you should also include the following when submitting your Canadian marriage visa application:

Identification documents like a valid passport with travel history stamps, birth certificate, marriage certificate (if applicable)

Documents related to citizenship or permanent residency cards for the sponsor

Documents indicating valid immigration status in Canada (if the sponsored person is in Canada on a temporary visa such as a study permit, work permit, or visitor visa)

A financial commitment from the sponsor

Employment documents such as a job verification letter, pay stubs, employment contracts, work insurance records

Tax payment documents like Notice of Assessment or T1/T4 belonging to the sponsor

Educational documents

One piece of photo-sized 3.5 by 4.5 cm

Divorce decree or death certificate of the previous spouse (if applicable)

Military service completion card or exemption card for men

Certificate of no criminal record

Property documents like house deeds, land titles, business deeds, rental agreements, etc.

Financial capability documents including bank letters, account statements, shares from the sponsor (the sponsored person does not need to provide bank letters, but doing so can have a positive effect)

Completed forms related to the sponsorship and permanent residency application for the spouse or partner

Form IMM 5533

Form IMM 1344 (this form must be signed by both the sponsor and the sponsored)

Form IMM 1283 (if necessary)

Form IMM 0008

Form IMM 5406

Form IMM 5669

Form IMM 5532 (this form must also be signed by both the sponsor and the sponsored)

Form IMM 5476 (if you want to share case information with your lawyer or others)

Fingerprinting for the sponsored person (after applying)

Medical examinations for the sponsored person (after applying)

Note: All documents in Persian must be translated into English or French.

Request for Canadian Marriage Visa can be made Inland or Outland.

When applying for spousal sponsorship and permanent residence for your spouse or partner, you need to specify whether you want to submit your application from within Canada (Inland) or from outside Canada (Outland).

Inland Application

Inland means that when you submit your marriage visa application, you’re living in Canada with your spouse or partner who is a Canadian citizen or a permanent resident, and you’ll stay there until your visa application is processed. In an Inland situation, if you are in Canada on a visa other than a work visa, you can apply for an Open Work Permit along with your sponsorship application.

Outland Application

Outland means that when you submit your Canada marriage visa application, you are living outside Canada or, if you’re in Canada at the time of application, you plan to leave the country before your application result is determined. According to new regulations effective June 7, 2023, in an Outland scenario, if you hold a temporary resident visa in Canada, you can apply for an Open Work Permit after submitting your spousal sponsorship and permanent residence application that is sent by your sponsor.

Steps to Immigrate to Canada Through Marriage

After figuring out the conditions and necessary documents for immigrating to Canada through marriage, it’s time to apply and submit your spousal sponsorship and permanent residence visa application, which will be done by your spouse or partner who is a Canadian citizen or permanent resident. However, it’s important that some application forms are filled out and signed by both of you, and the required documents should be provided for both parties.

Step 1: Go to the Canada Immigration website and create an account on the Permanent Resident Portal under the Create an Account section.

Step 2: Log in to your account, answer the application questions, and specify the type of application you’re making.

At this stage, you need to specify the type of permanent residence application program, the group you fall under, and whether your application is from inside or outside Canada.

For the type of program for permanent residence in Canada, select the Family option in response to this question.

In the Category section, depending on whether you’re applying for your spouse, common-law partner, or conjugal partner, choose the option that applies.

To answer this question, if you live in Canada with your spouse or partner, select “Spouse or common-law partner in Canada,” and if your spouse or partner lives outside Canada, choose the “(Family class (outside Canada)” option.

Step 3: Download, complete, and then upload the relevant forms for the marriage visa application.

In the documents section, we’ve listed the forms related to the marriage visa. Download these forms that are included in the application, fill them out, sign them, and then upload them in the appropriate section.

Step 4: Upload all required documents from both the sponsor and the applicant.

Save, name, and then upload all the documents we mentioned earlier as PDF files in the designated area of the application.

Step 5: Pay the necessary fees and submit the application.

Pay the fees for processing the application and fingerprinting separately, and upload the receipt in the appropriate section of the application. Then, finally, submit the application.

Step 6: Complete medical exams and fingerprinting.

After submitting your application, you’ll receive an email with the fingerprinting letter and instructions for the medical exams. Use your fingerprinting letter to make an appointment at one of the VAC offices in the neighboring countries of Iran for your Canadian fingerprinting, and proceed with your biometric process on the specified date.

To undergo the medical tests, visit the designated medical centers approved by the Canadian immigration department as per the instructions you received, and complete the required tests.

After your fingerprinting, the information will be automatically recorded in your portal. Additionally, the details of the medical tests will also be sent to the Canadian immigration department and will be logged in your portal.

Step 7: Congratulations! Your spouse/partner’s permanent residency visa has been issued.

At this stage, with the approval of your request, your spouse or partner will receive the Canadian permanent residency visa. To get the visa label in their passport, your spouse or partner needs to send their valid passport to one of the VAC centers under the Canadian embassy and, as they say, pick it up.

Costs of obtaining residency through marriage in Canada

Type of application	Cost in Canadian dollars
Processing application for sponsorship and permanent residency for spouse or partner	1205 dollars (Includes an 85-dollar sponsorship fee; a 545-dollar main applicant processing fee and a 575-dollar permanent residency fee)
Fingerprinting per person	85 dollars
Fingerprinting for families (2 or more people)	170 dollars
Medical exam costs (varies depending on the country; age; and health of the individual. Average costs are provided)	150 to 180 dollars

If you are applying for a Canadian marriage visa while holding one of the temporary visas like a tourist visa and want to simultaneously apply for your open work permit along with your sponsorship and permanent residency application, you will need to pay those costs as well, which will be added to the previous expenses:

Type of application	Cost in Canadian dollars
Work permit processing	155 dollars
Open work permit holder	100 dollars

In addition to the above costs, you will also need to pay for document translation, photos, and police clearance certificates, which can average about 250 dollars per person. Of course, this amount may vary depending on the number of documents.

How long does it take to immigrate to Canada through marriage?

The duration of obtaining residency through marriage varies depending on whether you apply from inside or outside Canada. Currently, the response time from the Canadian embassy for marriage visa applications submitted from within Canada (to live in a province other than Quebec) is 10 months, while those filed outside Canada take 12 months.

This processing time may be shorter or longer depending on the conditions at the Canadian embassy and the volume of applications.

Marriage in Canada with a tourist visa.

As we mentioned earlier, you can get married to a Canadian citizen or permanent resident on a tourist visa and apply for a marriage visa for Canada. Since the processing time for this type of visa can be quite long, potentially over six months, there’s a worry that your tourist visa may expire.

You’re probably wondering what to do then? In this situation, while you’re waiting for your permanent residency visa through marriage, make sure to apply for an extension on your tourist visa before it expires so that a visitor record can be issued for you, allowing you to stay in Canada longer.

If your tourist visa expires while you’re waiting for your visitor record, don’t worry at all! You can remain in Canada under Maintained Status, keeping your previous immigration status intact until your visitor record is issued, so there’s no need to leave the country.

Fiancé visa

Canada does not have something called a fiancé visa in its visa categories.

Although we mentioned earlier that Canada recognizes two types of non-marital relationships called Common-law partner and Conjugal partner, if your partner wants to sponsor you and apply for your permanent residency in Canada, they must submit their application under the Spouse or Common-law Partner Class or (Family Class (Outside Canada-Conjugal Partner) to the Immigration Department of Canada.

Is it possible to immigrate to Canada through a sham marriage?

Trying to obtain residency in Canada through a sham marriage can be considered one of the worst immigration decisions. Sham marriages are illegal in Canada, and if the Canadian government finds out that the marriage was fake, the sponsor (a citizen or permanent resident of Canada) could face serious criminal charges.

Additionally, the visa applicant who is supposed to enter into a sham marriage with a Canadian citizen or permanent resident may be barred from entering Canada for up to five years, and this negative record will remain in their immigration file forever.

Our recommendation is to never consider a sham marriage for immigrating to Canada; there are definitely better ways for you to go about it.

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Frequently asked questions

Is it possible to immigrate to Canada with a partner?

Through marriage to a citizen or permanent resident of Canada, you can initially obtain permanent residency in Canada, and then after a few years and meeting the necessary conditions, you can apply for Canadian citizenship.

What is the financial requirement for a Canadian marriage visa?

If you are the main applicant and a citizen or permanent resident of Canada, and your partner lives inside or outside Canada, you can sponsor your partner to immigrate to Canada.

However, if you are not a citizen or permanent resident and only hold a temporary resident visa such as a study visa, work visa, or visitor visa, you cannot immigrate to Canada with your partner.

Can you apply for a work visa for the sponsored partner when applying for a Canadian marriage visa?

There is no minimum income requirement for the sponsor when applying for a Canadian marriage visa, and they do not need to provide financial proof according to the Low-Income Measure (LIM) table. However, since the sponsor signs an agreement to support their spouse or partner’s basic financial needs for three years after they obtain permanent residency, they must provide documentation to demonstrate their financial capability.

Does the sponsored partner need to have a language score for immigration to Canada through marriage?

No, for obtaining permanent residency in Canada through marriage, the sponsored partner does not need a language score, but they may need to obtain a language certificate when applying for Canadian citizenship in the future.

Is a marriage that takes place in absentia or remotely acceptable for applying for a Canadian marriage visa?

No, marriage must take place in person. If one of the parties is not physically present at the time of the marriage, that marriage is not recognized by the Canadian government.

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