Canadian Spouse Visa
The Canadian Spouse Visa, specifically the Open Work Permit, provides a valuable opportunity for spouses or common-law partners of Canadian citizens or permanent residents to join their loved ones in Canada and work freely.
This comprehensive guide aims to shed light on the Canadian Spouse Visa Open Work Permit, providing insights into eligibility criteria, the application process, key considerations, and the benefits it offers to families looking to reunite in Canada.
About Spousal Open Work Permit
Spouses or common-law partners in Canada have the opportunity to apply for a Spousal Open Work Permit under various programs. The Spousal Sponsorship visa can be further categorized into two types:
Outland Sponsorship: This category is applicable when the sponsored partner is residing outside the Canadian border. In this case, the sponsoring spouse or common-law partner can apply for sponsorship while the sponsored partner remains outside Canada.
Inland Sponsorship: This category is suitable when the sponsored partner is living with the sponsoring spouse or common-law partner in Canada under a temporary Canadian status. In this case, the sponsoring spouse or common-law partner can apply for sponsorship while the sponsored partner is in Canada.
Both Outland and Inland Sponsorship options have their specific requirements and processes that need to be followed.
It is important to note that each program and category may have additional eligibility criteria, documentation requirements, and application processes. Therefore, it is crucial for spouses or common-law partners to thoroughly research and understand the specific requirements of their chosen program or category.
Benefits of the Spousal Open Work Permit
The Spousal Open Work Permit (SWOP) offers numerous advantages for individuals seeking to join their spouse or common-law partner in Canada. Some of the key benefits of the SWOP include:
Wait and Work: The SWOP enables candidates to find employment while they wait for a response to their request for sponsorship. This provides the opportunity to stay together with their partner and continue building their lives in Canada.
Live with your partner in Canada: With the SWOP, spouses or common-law partners can live together in Canada, fostering a sense of togetherness and family unity even during the processing period.
Earn in Canadian dollars: By obtaining the Spousal Open Work Permit, applicants have the chance to earn income in Canadian dollars. This provides financial stability and access to a good quality of life, taking advantage of Canada’s advanced living standards.
Choose your employer: Unlike closed work permits that tie individuals to a specific employer, the SWOP offers the flexibility to choose any employer in Canada. This opens up a wide range of job opportunities and allows for career growth and advancement.
Gain Canadian work experience: Working in Canada under the SWOP allows individuals to gain valuable Canadian work experience. This experience can be beneficial for career growth and can lead to higher earning potential in the future.
It is important to note that the Spousal Open Work Permit provides a bridge between temporary status and potential permanent residency. While enjoying the benefits of the SWOP, individuals can also explore pathways to permanent residency in Canada, ensuring long-term stability and opportunities for their future.
Spousal Open Work Permit Eligibility Criteria
To be eligible for the Spousal Open Work Permit, applicants must meet certain requirements. The following are the same:
Relationship: There must be a genuine relationship of the applicant with their spouse or common-law partner.
Valid Work or Study Permit: The sponsor must hold a valid work or study permit in Canada. This demonstrates their legal status and allows for the issuance of the Spousal Open Work Permit.
Inadmissibility: There must be no criminal or medical inadmissibility of both the partner and the spouse. This ensures compliance with Canadian immigration regulations and safeguards the well-being and security of the country.
Requirements for Spouse Sponsorship: There are additional requirements for the Spousal Open Work Permit. The following are the same:
- The sponsor must have the age of 18 years at least.
- The sponsor must be a citizen of or a permanent resident of Canada.
- The sponsor must have a clean police record and should not have been charged with any serious offense.
- The sponsor must not have been previously invited to Canada as a sponsored spouse within the past five years.
Meeting these requirements demonstrates the sponsor’s eligibility and commitment to supporting their spouse or common-law partner in their journey to join them in Canada.
Costs of Sponsoring Your Spouse/Common-Law Partner to Canada
When sponsoring your spouse or common-law partner to Canada, there are government processing fees involved. The fees for sponsoring your spouse are as follows:
Sponsoring your Partner or Spouse
- Sponsorship Fee: CAD 75
- Principal Applicant Processing Fee: CAD 490
- Right to PR: CAD 515
Additional Fees for Sponsorship of Dependent Children
- Per Child: CAD 150
- Sponsorship fee ($75) and processing fee ($75)
Biometrics Fees:
- Per Person: CAD 85
- Biometrics (2 or More People): Maximum fee of CAD 170
It must be noted that there may be other costs involved depending on your profile.
Spouse Immigration to Canada: 2022 Changes
The Canadian government, under the Liberal Party, recently introduced several notable changes to the family sponsorship immigration process. These changes aim to streamline and improve the process for spousal applications. Some of the key changes are outlined below:
Quick Processing Times: The government has made efforts to expedite the processing times for spousal applications. This allows couples to be reunited more swiftly and reduces the waiting period for spouses or common-law partners.
Increased Flexibility for Spousal Applications: The changes have brought about increased flexibility in the spousal sponsorship process. This means that individuals can now submit a sponsorship application for their spouse from inside or outside Canada, providing more options for couples in different situations.
Common Application for Candidates Inside or Outside Canada: The introduction of a common application form simplifies the process for both applicants inside Canada and those applying from overseas. This streamlines the application process and ensures a more consistent experience for all candidates.
Simplified Relationship Questionnaire: The relationship questionnaire has been simplified, making it easier for applicants to provide the necessary information and evidence to establish the genuineness of their relationship. This change aims to make the application process less burdensome for couples.
Medical Exam Exemption: In certain cases, applicants are now exempt from undergoing a medical examination as part of the spousal sponsorship process. This exemption saves time and reduces the overall requirements for applicants.
Streamlined Police Certificate Requirements: The requirement for police certificates has been simplified. Applicants now need to provide police certificates only from their current country of residence and the country where they have spent most of their adult life, if different from their current country.
These changes reflect the Canadian government’s commitment to facilitating the spousal sponsorship process and promoting family reunification.
It is important to stay updated on the latest guidelines and requirements provided by the Canadian government to ensure a smooth and successful spousal sponsorship application.
Applying for a Canadian Spouse Visa Permit
Step 1: Meet the eligibility criteria – This includes having a genuine spousal or common-law relationship with a Canadian citizen or permanent resident and meeting any specific requirements set by the Canadian immigration authorities.
Step 2: Arrange for All the Documents – Gather all the required documents for your Spouse’s Permit application. These typically include proof of identity, proof of relationship, marriage or civil partnership certificate, police certificates, medical examination reports (if applicable), and any other supporting documents as specified by the Canadian immigration authorities.
Step 3: Apply for the Visa – Submit your application for the Spouse Permit visa. This involves completing the necessary application forms accurately and paying the required fees. You can apply by mail or online visa the IRCC portal.
Step 4: Obtain a work permit – You will be issued a work permit allowing you to work in Canada once your Spouse Permit application has been granted.
This work permit is typically issued for the same duration as your spouse’s sponsorship application process.
Step 5: Work in Canada – Now, With the Spouse Permit work permit in hand, you can legally work in Canada.
Frequently Asked Questions (FAQ's)
Is IELTS Required for Canada Spouse Visa?
No, IELTS is not mandatory for the Canada Spouse Visa application. However, if you plan to include your spouse in the Canadian Permanent Residency (PR) application through Express Entry, you can earn additional points by submitting your partner’s IELTS score.
How much time does it take to process Canada Spouse Visa?
The processing time for the Canadian Spouse Visa varies depending on the country of application. The processing time for spouse visa applicants from India to Canada can range from 12 to 26 months.
Does Canada allow common-law relationships?
Yes, Canada recognizes both marriages and common-law relationships for spousal sponsorship.
Can I include my dependent children in the Canada Spouse Visa application?
Yes, you can include your dependent children in the Canada Spouse Visa application. The definition of dependent children may vary depending on the specific requirements set by the Canadian immigration authorities. However, sponsoring a spouse as a permanent resident may have certain limitations and additional requirements compared to Canadian citizens.
Can I apply for the Canada Spouse Visa while living in Canada as a temporary resident?
It is possible to apply for a Canada Spouse Visa while temporarily residing in Canada. However, it is important to ensure that you maintain legal status and meet the specific requirements for in-Canada sponsorship.
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