How can a couple immigrate to Canada?

Whether you are engaged, married, or in a common-law relationship, Canada offers several immigration programs specifically designed for couples.

Spousal Sponsorship
One of the most effective ways for a couple to immigrate to Canada is through spousal sponsorship. This is an ideal option if you already have a spouse or partner living in Canada, or if your spouse or partner is a Canadian citizen or permanent resident.

If your spouse is a Canadian citizen or permanent resident, they can sponsor you to come to Canada and become a permanent resident, provided they meet certain eligibility requirements.

To sponsor a spouse or partner, the sponsor must meet the following criteria:

• Be at least 18 years old.
• Be a Canadian permanent resident living in Canada or a Canadian citizen.
• Not be in prison, bankrupt, under a removal order (if a permanent resident), or charged with a serious offense.
• Not have been sponsored to Canada as a spouse within the last five years.

Both you and your sponsor must also prove the legitimacy of your relationship, which must fall under one of the following categories:

• Spouse: You are legally married. If the marriage took place in Canada, a Certificate of Marriage from the province or territory is sufficient. If the marriage occurred outside Canada, it must be valid under the laws of that country and Canadian federal law.
• Common-law partner: You have lived together continuously for at least one year.
• Conjugal partner: A conjugal partner may be defined if exceptional circumstances (such as immigration barriers or legal restrictions like limited divorce options or same-sex relationship issues) have prevented the partners from qualifying as spouses or common-law partners. The partners must have been in a mutually dependent relationship for at least one year, with the same level of commitment as a marriage or common-law partnership. This can be shown through emotional ties, intimacy, financial interdependence (e.g., joint ownership of assets), and efforts to reunite.

Express Entry

Express Entry is the Canadian federal government’s system for managing three major immigration programs: the Federal Skilled Worker Program (FSWP), the Federal Skilled Trades Program (FSTP), and the Canadian Experience Class (CEC).

If you wish to apply for Canadian permanent residency as a couple through Express Entry, you can do so in two ways:

1. The main applicant can list their spouse, common-law partner, or conjugal partner as a dependent.
2. The spouse, common-law partner, or conjugal partner can be named as a secondary applicant.

Note that dependents are only allowed in applications for the FSWP and FSTP; the CEC does not permit dependents in applications.

If you declare your spouse or partner as a dependent in your application, you, as the primary applicant, must provide proof of enough settlement funds to show that you can financially support yourself and your dependents in Canada.

When your spouse or partner is a dependent on your application, their profile will not be considered when calculating your overall Comprehensive Ranking System (CRS) score. The CRS score ranks candidates based on factors such as age, education, language skills, and work experience. Candidates with the highest CRS scores are invited to apply for permanent residency during Express Entry draws.

However, if your spouse qualifies for Express Entry, they can apply as a secondary applicant. Both partners would create their own Express Entry profiles and include each other in their profiles. This way, you can claim an additional 40 CRS points from your partner’s profile when submitting your application.

This method still requires applicants to provide proof of funds, but it differs in that your partner is seen as a contributor to the application.

It’s important to assess which partner has the strongest profile before applying. If your partner scores highly on CRS factors like language ability and education, it may be beneficial to name them as the secondary applicant. If they would score poorly, it might be better to list them as a dependent instead.

Provincial Nominee Program (PNP)

The Provincial Nominee Program (PNP) is another excellent option for couples looking to immigrate to Canada. Nearly every province and territory has its own PNP to attract skilled workers to their regions.

When applying through the PNP, the partner with the strongest work experience, education, etc., should be the main applicant. If this is you, you would declare your spouse or partner as a dependent on the application.

Just like with Express Entry, the main applicant would need to show proof of sufficient funds to settle in Canada.

Alternatively, if both you and your spouse or partner are eligible, you can apply separately to immigration programs. If you receive an Invitation to Apply (ITA) from one program, you can withdraw from the other application.

Open Work Permit for Spouses

Spouses and partners of Canadian citizens or permanent residents can apply for an open work permit while their permanent residence application is being processed. This allows the sponsored individual to work for any employer in Canada, helping them support themselves and their family during the immigration process.

To be eligible for an open work permit, the foreign national must:

• Be the principal applicant who has submitted a permanent residence application under the Spouse or Common-Law Partner in Canada Class, or under the family class, which has been accepted for processing by IRCC after meeting the completeness check, and has not been refused or withdrawn.
• Submit a work permit application for a duration of up to two years.
• Be the subject of a sponsorship application submitted by their Canadian citizen or permanent resident spouse, common-law, or conjugal partner.
• Have the same residential address as their sponsor in Canada at the time of the application.
• Have valid temporary resident status in Canada or have applied for the restoration of their status.
• Both the applicant and the sponsor must meet all eligibility requirements under the spousal or common-law partner sponsorship program.

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