Move to Canada as an American Spouse or Common-Law Partner

After the election of Donald Trump as the next president of the United States, Olivia and her Canadian husband decided to move to Canada. They wanted a fresh start. They felt uncertain about their future in the U.S. Olivia, an American citizen, longed to live closer to her husband’s family. The United States’ political climate left her uneasy about her future. Therefore, the prospect of a stable life in Canada seemed much more appealing. However, more than anything, she wanted to work and have healthcare coverage in Canada. She knew that these benefits were accessible to Canadian residents. To achieve this, Olivia needed to become a permanent resident. She wondered if her Canadian spouse could sponsor her and what the process involved. Therefore, she began to explore her options, diving into the requirements and steps needed to make Canada her permanent home.

Who qualifies as an American spouse or common-law partner?

In Canadian immigration law, a spouse is legally married to a Canadian citizen or permanent resident. The marriage must be legally recognized in the country where it occurred, whether in the United States, Canada, or elsewhere. Meanwhile, a common-law partner has lived with their partner for at least one year in a marital relationship. Both options are viable for sponsorship. Moreover, Canada recognizes heterosexual and same-sex marriages and common-law partnerships.

What is a genuine relationship?

The relationship must be genuine and ongoing. Therefore, proof of its authenticity is required to qualify. Couples must prove this status through shared financial responsibilities, cohabitation, or other significant evidence. Examples include joint bank accounts, lease agreements, or shared utility bills. Knowing the distinction between an American spouse and a common-law partner is important, as it impacts eligibility for sponsorship. For example, a couple who has not lived together continuously for at least one year may not be eligible as common-law partners. However, they could still apply under the spousal category if legally married.

Furthermore, there are situations where the couple may have lived apart for a period due to work or family obligations. In these cases, it is crucial to provide evidence explaining the circumstances of their separation and proof that the relationship remained intact. The goal is to show that the bond between the Canadian sponsor and the American spouse or common-law partner is genuine, long-term, and committed. Immigration authorities will assess all available evidence to determine the relationship’s legitimacy. Therefore, couples must gather extensive documentation to demonstrate their shared life together. Examples include photographs, correspondence, and other emotional and financial interdependence evidence.

Requirements to sponsor an American spouse

A Canadian citizen or permanent resident must meet several conditions to sponsor an American spouse. First, they must be at least 18 years old. Under Canadian law, minors cannot sponsor a spouse. The sponsor must live in Canada. However, if the sponsor is a Canadian citizen, they may live outside Canada but must show they intend to return once the sponsorship application is approved.

Criminal record considerations

The sponsor must not have a serious criminal record. This includes offences involving violence, sexual misconduct, or harm to others. Past criminal convictions can disqualify a person from becoming a sponsor, particularly if they have not been pardoned or rehabilitated. Nonetheless, there are options to overcome this problem. You must consult a professional to explore those options.

Financial stability is another key requirement. While there isn’t an income threshold for sponsoring a spouse, the sponsor must prove they can financially support their American spouse. They cannot rely on social assistance, excluding disability benefits. This includes providing an undertaking to the Canadian government, a formal commitment to financially support the spouse for three years from the date they become a permanent resident.

Financial obligations

The sponsor cannot be an undischarged bankrupt. They must be free from any ongoing bankruptcy proceedings. Moreover, if the sponsor has previously sponsored someone else, they need to ensure they do not have any outstanding financial obligations from that sponsorship. If they have defaulted on such commitments, they must settle them before they can sponsor another person. The government takes these measures to prevent undue strain on Canada’s social support systems. Therefore, they ensure that sponsored individuals will not require public assistance.

Requirements for the American Spouse Applicant

The American spouse or applicant must also meet certain requirements to be eligible for sponsorship. They must be at least 18 years old to apply, as Canadian immigration law requires all applicants to be of legal age. The American spouse must pass medical, criminal, and background checks to make them admissible to Canada.

Medical examination requirements

These checks are essential for maintaining the country’s safety, security, and public health standards. Applicants must undergo a medical examination by a designated panel physician. This examination proves they do not have any health conditions that could pose a danger to public health or result in excessive demands on Canada’s healthcare system.

Criminal Background Checks

In addition to medical checks, the applicant must pass a criminal background check. This involves submitting police clearance certificates from every country where they have lived for six months or more since 18. The goal is to ensure they are not a threat to the safety and security of Canadian society.

How the sponsorship process works for an American spouse

The sponsorship process for an American spouse involves several steps. Understanding these steps can help make the journey smoother. The process starts with submitting two applications simultaneously. One application is for the sponsor to confirm their eligibility, and the other is for the American spouse seeking permanent residency. These forms are submitted online to Immigration, Refugees, and Citizenship Canada (IRCC). The fee for processing both applications must be paid at the time of submission.

Application review and assessment

Once IRCC receives the application, they review it for completeness. This means they check that all required forms, supporting documents, and fees are included. If anything is missing, they will return the application without processing it. This can cause significant delays. Therefore, it is crucial to double-check everything before submission. If everything looks good, the process moves forward to the assessment stage. During this stage, immigration officers evaluate whether the sponsor meets the requirements. They also assess whether the American spouse can become a permanent resident.

Financial support undertaking

The Canadian spouse must commit to financially sponsoring their American spouse for three years, even if the relationship breaks down. This ensures that the sponsored spouse will not require government assistance. The undertaking is a legally binding agreement between the sponsor and the government of Canada. It remains in effect even if the couple separates or divorces. Once approved, the American spouse receives permanent residency. This status grants them the right to work, study, and access healthcare in Canada. Permanent residents enjoy most of the same rights and privileges as Canadian citizens, except for voting rights and some government jobs.

The process can take several months to over a year, depending on the complexity of the case and the volume of applications at IRCC. Delays can occur if there are issues with the application, such as missing documents or discrepancies in the information provided. To avoid these delays, couples should ensure that their application is complete and that all supporting documents are clear and accurate. Once permanent residency is granted, the American spouse can begin building their life in Canada. They gain full access to healthcare services, employment opportunities, and other benefits available to residents.

Ready to start your journey? Book a consultation

Sponsoring an American spouse can be challenging and requires careful attention to detail. However, with the right guidance and support, it becomes manageable. If you are considering sponsoring your partner, it’s wise to consult an immigration expert who can guide you through the complexities of the process. An experienced professional can help you navigate the requirements, prepare a thorough and complete application, and address any potential issues before they become problems. Book a consultation today to start your journey to Canada together and take the first step towards building your future in Canada with your loved one. Alternatively, you may fill out the following form to contact our team.