Immigration: Spouse & Children

Important News:

Canada's immigration system is not working well at this time

I am trying to be diplomatic with my wording as I respect that the years 2020-2022 were not easy on government departments and the people working in them. But at the same time Canada's immigration processes are not functioning even as well as should be expected in 2024, now several years after the challenges began. Here is an article at the end of 2021 that describes the situation that unfolded then:

Ongoing immigration-processing delays leave many in limbo in Canada and overseas - CBC, December 7, 2021

Q2 2024 update: The situation described in this article has not been fully resolved and backlogs and delays continue but at least "Spousal Sponsorship for Permanent Residence" applications seems to be moving much more quickly through the system - typically 6-9 months for most applicants in the U.S. and 8-12 months for applicants in other countries.

While this article describes immigration in general the same delays and challenges apply to those moving back and applying for a spousal sponsorship and possible sponsorship for non-Canadian born children. For those considering a Spousal Sponsorship (see details below) here are some suggestions on how to navigate this challenged time in the Canadian immigration system:

Be prepared for possible inconsistencies and challenges relating to Spousal Sponsorship for PR applications. I have had several reports in the last six months from clients that Immigration Refugees and Citizenship Canada ("IRCC") processes and related systems are not working consistently well. Examples:

• Notification letters being lost in the mail. They never arrive and then an email notification comes a couple of months later that immediate action must take place or bad things will happen. But there is no easy way to call IRCC from the U.S. and their web form indicates that only emergencies are being responded to. Suggestion: Check their online system regularly to see if an IRCC action has taken place so you can track resulting impacts.
• Inconsistencies in what is being requested. One example was "...a demand by the Los Angeles (CA, USA) visa processing center for an original passport to be sent in or very bad things will happen. But official instructions from IRCC state to send only a photocopy. We agreed that sending both the original and the photocopy, with the inconsistent instructions also, was the lowest risk approach as there was no way to get a real person to talk to in the visa processing center to ask about it."
• A PR was approved after only 5 months from the day of submission. This caused problems as the person did not want to move back to Canada so quickly and they had to navigate how to handle this. At the same time I have clients still waiting for their PR approval after 18+ months from submission.
• Simply wrong information: "After five tries, we were able to get through to IRCC last Monday. They admitted there was an error on their web page, and that the correct mailing address was indeed the Seattle Visa application centre."

Some suggestions on how to navigate this time smoothly if you are applying for a spousal sponsorship or have one in process right now:

• Keep your context simple during the application process. Have both the Sponsor and the Applicant live together for the duration of the application process. Don't divide your lives between countries at this time. Some of the problems seem to be happening when the Sponsor moves to Canada after applying but the Applicant will follow later.
• Make every effort possible to fully explain and detail your reasons and plans for coming to Canada, what your plans for work/retirement are, your financial context and how you plan to support yourselves in Canada, etc. The PR application is one time to offer more information rather than less!
• I recommend having a Regulated Canadian Immigration Consultant (RCIC) review your completed application before you send it in. A tiny investment for a massive payback in assurance that the application will not be returned for correction or be rejected outright. Corrections or missing information can delay your PR application for many months and can be very frustrating and costly.
• During the processing of your application if there is any doubt about some conflicting information or uncertainty about how to do some required action make every effort to call IRCC (in Canada or from the U.S./internationally via a web-based phone service). Their web form can work sometimes but phoning gets you the fastest and most solid response at this time ...when you can get through to them (wait times can be long on the phone).
• Plan for varying timelines: From a fast processing of your "outbound" application (applying from outside of Canada) in as little as 6 - 9 months to "inbound" applications (applying for PR status after you arrive in Canada) taking 5-24 months to be processed (!) There is no consistency in the speed of application processing at this time.
• As best you can, be patient with IRCC processes. I heard from an RCIC recently that some agents seem to be accepting or rejecting applications without reviewing them fully and carefully(!) If you run into complications you can get help: An experienced RCIC can help you with a correction + resubmission or with an appeal if you get an application sent back or rejected altogether.

Finally, this PSA is intended only to prepare you for the possibility of a path to receiving your COPR (Confirmation of PR) that may not be perfectly linear and predictable at this time. Note that the acceptance rate for Spousal Sponsorship for PR Applicants is in the range of 95+% for carefully completed applications! The path to approval will happen more smoothly for you right now by keeping your personal context as clear and simple as possible, paying careful attention to detail in the application and processing steps, getting support if you need it, and having patience!

Returning to Canada with your foreign-born spouse and children

Many Canadian citizens living abroad meet someone special, get married, and have children. Years of life go by and then a time comes when many consider moving back to Canada to take advantage of an opportunity, to experience a better lifestyle in Canada, to set their children up for future higher education studies, or simply to have their spouse and children experience what life is like in Canada - to expand their horizons.

Two big questions arise at this point:

The first: "How can I bring my foreign citizen spouse to Canada?"

and...

The second: "Are my children Canadian citizens? If not, how do I get them to be?"

Let's address both of these:

"How can I bring my non-Canadian citizen spouse to Canada?"

This is a very common question and the short answer is:

1. You sponsor your spouse to become a Canadian "Permanent Resident" ("PR" for short) while living abroad. This is the typical sponsorship application pathway (but not the only one - more on this below). It is called an "outbound application".
2. You wait until the Canadian government grants the PR status for your spouse. This takes between 8-10 months based on reports of processing times people are experiencing recently compared to what the Canadian government web site states, which notes 12 months.
3. You visit Canada to accept the PR and then move within a few months. Or you move and accept the PR all in the same step.
4. A few years later your spouse can apply for Canadian citizenship if they wish to.

The Longer answer:

Well, the longer version is still pretty straightforward. The only added wrinkle is that you can also choose a second pathway: You return to Canada before applying for a PR, with your foreign citizen spouse arriving on a visitor visa in Canada. You then sponsor your spouse for PR status immediately after you arrive together. This is called an "inbound" application.

A bonus to this pathway: If you return to Canada first and then apply to sponsor your spouse they can also apply for an "open work permit" at the same time as you submit the PR application, allowing them to work and access public health care and other benefits during the remaining waiting period for the PR application to be approved.

The following diagram may help you conceptually understand your application pathway options:

The official Government of Canada "Sponsor your spouse, partner, or child.." web page and process for applying for a PR.

Completing and submitting the Spousal Sponsorship for PR application:

Most people (75% +/-) complete the application by themselves, per my experiences with clients. The application takes some time to work through, so be prepared for this. A few general notes:

• This is one time when you really need to be detail-oriented, linear, and precise in following instructions and ensuring that everything is completed correctly and fully in the application. Errors and/or ommissions will result in a rejected application which leads to a resubmission and months of delays in your plans.
• You cannot switch application paths. You either apply "outbound" from outside of Canada or apply "inbound" from within Canada. Once your application is sent in you cannot switch paths. Note: If you apply "outbound" and then move to Canada while the application is being processed everything is fine. But your application is still an "outbound" one.
• If it is still possible at the time of you reading this, courier your application in with "signature required". I say "If it is still possible" because fully online applications started in the Fall of 2021 and may be required of you at this time - physical submissions may be allowed depending on where you live. A PR application is a big investment financially, time-wise, and emotionally. Don't rely on the postal system. Using a courier also means you are sure that your application was received. This is proof you did an application and an important emotional milestone for you.
• Open Work Permit (OWP): If you apply "inbound" you have the option of applying for an OWP at the same time (in parallel). And as of May 2023 IRCC began allowing people to apply "outbound" from anywhere in the world, move to Canada, and then apply for an OWP. You must be living together for this option to be available.
  
  This means that your spouse could have legal status in Canada typically within 3-4 months instead of the 8-18+ months +/- it takes to process the full PR. This is a special OWP category and is specifically for spouses waiting for their PR.

Feedback from Debbie B. who in my experience did the most diligent and well-crafted PR application I have ever witnessed. Needless to say her application sailed through IRCC processing smoothly and quickly:

Now that I've had time to think about the process of coming back, I'd say the single most critical thing to get 100% right is the PR application form. I operated on the principle that you cannot provide too much supporting documentation. In our case they asked for 'up to 22' photographs proving the length of the relationship. I sent them 22. I've seldom seen such poorly-designed forms, which is where your help was so invaluable. I spent the better part of six weeks amassing documents and repeatedly checking the completed forms. We then went on holiday for six weeks and, on our return, I checked all the forms and supporting paperwork AGAIN. And do not rely on the CDN postal system under any circumstances. We sent our application with Fedex.

Frequently asked questions:

Question: "Will the application be approved for sure?"

Answer: For the vast majority of applicants the process is long and must be followed very carefully but does normally lead to a successful outcome. In exceptional cases a spousal sponsorship is not approved. For Canadian citizens of good standing legally in Canada, with a long-time marriage or common-law relationship, no financial complications, and whose spouse is in relatively good health and good legal standing abroad, it works out just fine.

Question: "Do we have to be married? Or are 'common law' relationships allowed?"

Answer: If you have been in a long-term common law relationship you can sponsor your partner for PR status in Canada.

Question: "How long does the Permanent Resident sponsorship process take?"

Answer: Preparing for the application can take 1-2 months depending on how fast you work on it. Recent processing times reported by my clients range widely from as soon as 5 months when applying from the U.S. to 18+ months, though the Canadian government's web site still shows different timings. So expect a total of 7-18 months from the beginning of preparing your application to receiving a decision by the government and your "Confirmation of Permanent Resident" (COPR) status.

Question: "Should I do the sponsorship application myself or hire a Canadian immigration lawyer?"

Answer: Firstly, I can state clearly that unless you have serious issues to consider as part of your situation, you do not need an immigration lawyer. They are far too expensive for a normal PR sponsorship application and they hand your work an inhouse RCIC staff member to do it (definition of RCIC coming next). However, please do hire a full immigration lawyer if you have a complicated and very uncertain case!

If you find the PR application process daunting or you are simply too busy to work through it yourself, you can hire someone to help. The person you want to hire is a "Regulated Canadian Immigration Consultant", or "RCIC" for short.

And you want a reputable RCIC! Whenever there are important legal, physical, and psychological boundaries to cross which people are eager to get through there are predators and parasites who want to prey on your desire and fear.

The literal and metaphorical border of Canada is one such important boundary. It is the place potential emigrants from around the world really want to get through to live and work here in Canada. This is where another form of predator and parasite appears: The person who tells you they can "get you into Canada and get your citizenship approved"...for a big fee. The government of Canada has been cracking down on this form of fraud, but it can still happen. While in other countries there are people who can bribe a government official to get paperwork approved, in Canada we have a pretty integral immigration system that works well. It is not really "bribable". Stay away from anyone who offers you a fast and easy PR or immigration process in Canada. There is a very good chance they are not honest.

How to choose a good immigration consultant: Like with any professional, check their credentials, find out how long they have been doing this work, ask for referrals from others who have used their services, and start a conversation with an immigration consultant yourself to be sure you feel comfortable working with them. A good RCIC can support your PR application regardless of where they are in Canada or to which province you are intending to move to in Canada.

I can recommend two excellent RCIC's. Both are experienced, great good to work with, and are of very high integrity. Many of my clients use their services and are pleased:

Trusted Regulated Canadian Immigration Consultants. (Professionals page of this site)

Note: I get no commission or other benefit from recommending them, so you can trust these are solid referrals.

Tip: If you complete the application yourself but feel rushed and too busy in your personal life to be sure it has been completed perfectly you can hire some RCIC's to review it for completeness and correctness. Their relatively small fee can save you huge headaches later should your application be returned or rejected (requiring resubmission) if missed something important, misunderstood a question, or made a mistake on the application. From the 3 RCIC's I recommend (see link above) Shkendie Kaba Booth does reviews of completed applications for people moving to any province at a very reasonable rate for her professional work.

Question: "We submitted our PR Spousal Sponsorship application 3 weeks ago. Why haven't we heard anything? Waiting and not hearing anything is making us anxious!"

Answer: This is a question I hear many times. First and most importantly: You have most likely done your paperwork correctly and sent it to the right place. So, the reason you haven't heard anything is not because of something you have or haven't done. It takes 1 - 3 months to get the Canadian Government to acknowledge receipt of your PR application, check it for completeness, and tell you they have begun to process it. This can be an anxious waiting period, I know! If you haven't heard anything after 3 months from the date you couriered your PR Spousal Sponsorship application, this is when you might engage the support of a Regulated Canadian Immigration Consultant (RCIC) to advise you on what might be holding up the acknowledgement process for your specific application. They can review everything you submitted (assuming you kept a copy of what you submitted) and provide guidance on what to do next.

Important Note for 2024: The above "within 3 months" is the norm but due to the huge number of applications IRCC received between 2020 and 2023 their processing of the first step is taking much longer. This is of course very frustrating and adds uncertainty and complications into your planning and life. Unfortunately there is nothing that can be done to speed up IRCC processing. I have heard of people calling their Member of Parliament ("MP") who then makes an inquiry to IRCC. The result? "The application has been received and is awaiting checking for completeness."

And a further paradox? I have heard from several people that applications are not being processed in a linear "first-in, first-out" manner.

Question: "What is the phone number in the government of Canada for me to call to find out the status of my PR Spousal Sponsorship application? I sent it in 3 weeks ago!"

Answer: Sorry. Trying to talk to someone about the status of your PR application before it is acknowledged (before you receive a processing number) is like trying to break into Fort Knox (If you are too young to know what that means, it is the place the U.S. used to keep their gold). Please let me know if you can find a way to get an update over the phone of a PR application before it is acknowledged as "in the system" and before you have an application number.

Note: Once the government has acknowledged your application and given you an application processing number, you can check the status online and can use this information to speak to a real, live person about it.

Another Note: You can only call from within Canada to Immigration Canada. Otherwise you can use the web form on their site to contact them once you have a application number. Alternatively, if you have a family member, friend, or RCIC you engaged in Canada who can call on your behalf using your application number for a question you can't find an answer to, this may work, too. Finally, some people are getting a Canadian phone number through such services as FONDO or TeleMe so that they have a local number in Canada to call IRCC and for job applications, too.

Question: "If we apply from within Canada, may we travel during the PR application processing period?"

Answer: Generally, yes, you can travel outside of Canada for a short business trip or vacation - 1 to 2 weeks total at a time for the whole PR processing period. My clients and others who applied to sponsor a spouse find that it works just fine for a short trip or two. However, you want to be living in Canada during the whole processing period and indicate this by actually being in Canada. Much travelling or being outside of Canada makes it appear you do not actually want to live here.

However, once the PR is approved it is not recommended to travel by plane until you have the physical PR card in-hand. Some of my clients are experiencing travel complications in the gap of time between when they have accepted their PR and when they receive their physical PR card. Clients are reporting that it takes several weeks for the physical PR card to arrive.

Question: "We are applying from outside of Canada. Once the PR is approved, how much time do we have to accept the PR? In other words, we might not be ready to move. How long do we have before we lose the PR offer?"

Answer: There are different reports coming in about this, but you generally have 1 year to accept the PR and 1 year to move after that. In other reports I am hearing that you simply have 12 months to accept the PR based on the date of the medical exam. My suggestion: Whether you are ready to move shortly after receiving notification that your PR is approved or not, do accept it promptly. Either visit Canada and have the PR accepted at the airport or land border or move back and accept the PR as part of the move within a few months of receiving the approval and within the stated window noted on your COPR when it arrives. This avoids any question by Immigration Canada as to whether you really want to live in Canada or not.

Question: "What happens if a sponsor dies before the applicant has an approved PR?" While this is a more rare occurrence it does happen. Thank you to Wendy P. who shares in 2023 what she learned, which is not easy information to find:

Are you planning on completing your PR application yourself and need some general contextual help?

I support clients with general questions on applying to sponsor a spouse for PR status. The most common areas I advise on are on pathway decisions, the timing of applications in the context of your overall move back to Canada, dual-citizenship concerns, separate moves (one spouse comes first), working remotely, and meeting residency requirements. These questions are part of the full professional support services that I offer.

Note: I am not a Regulated Canadian Immigration Consultant and may not legally provide full consulting and immigration representation services.

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"Are my children Canadian citizens? If not, how do I get them to be?"

The great news:

If one or both biological parents were born in Canada then their children are automatically Canadian citizens!

The not so good news:

If both of you, the parents, were not born in Canada, but one or both of you received a Canadian citizenship either from your Canadian parent or from being naturalized as a Canadian, your children may not automatically be Canadian citizens. When you move back you may have to sponsor them to bring them to Canada with you.

The slightly more complicated news:

If one or both biological parents *were* born in Canada, which most returning Canadians have as their reality you need to get the government of Canada to confirm that your children really are citizens. And to do so, you must apply for proof of citizenship. I also recommend getting Canadian passports for your children immediately after you receive proof of citizenship (more below on this).

Note: This only applies when a Canadian-born parent is a Canadian citizen in good standing. If you have a complicated legal status in Canada your children may not be automatically deemed Canadian citizens.

The official Government of Canada "Get proof of citizenship" web page and application process.

Frequently asked questions:

Question: "How long does it take for the government of Canada to confirm my children's Canadian citizenship?

Answer: It depends. Some people are finding that they can get it done in a matter of weeks using the "rush" order system. Others are finding it takes many months or closer to a year. If you know you are moving back to Canada in the coming year, get your application submitted at least 12 months in advance of your move.

If you are in a really urgent and time-sensitive situation, there is an option to apply for rush processing, which can take 4-8 weeks. However the criteria are pretty clear: It must be a real need for this priority processing.

Question: "Should I get my children Canadian passports as well as proof of Canadian citizenship?"

Answer: An emphatic "YES!" A Canadian passport will mean they don't need U.S. or Canadian travel authorizations, they will be allowed to enter Canada from all countries in world (dual citizens MUST have a Canadian passport), and they will have a form of Canadian primary photo identification when they arrive in Canada. I suggest applying for your children's Canadian passports immediately after you receive their proof of citizenship.

Note: It used to be the case that you could apply for the passport at the same time as the proof of citizenship but I am hearing reports that you must now apply for a passport after you receive proof of citizenship.

Question: "Does the fact that my children have proof of Canadian citizenship and Canadian passports impact my application to sponsor my spouse for PR status?"

Answer: Great question! I suspect it does in an informal way. After all, if they are moving to Canada with one parent who is a Canadian citizen, it makes a good case for their other, foreign-born parent, to be allowed to live legally in Canada, doesn't it?

But to be clear, I don't know if there is a direct link between the two and if Immigration Canada includes the status of children when it decides on a PR spousal application approval or not.

Further Help

Spousal sponsorships and moving your children "back" to Canada when they were born and have lived abroad does raise a lot of questions.

Please take the time to fully research and consider all your options and take prompt action on important first steps such as having the Government of Canada issue proof of citizenship and passports for your children.

If I can be of support for your move to Canada, and for general questions on bringing your foreign-born spouse and children as part of your move, please engage my professional support services.

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Contributions & Feedback, please!

Please share your learning and experiences, and suggest improvements, so that other Canadians moving back to Canada, and those moving here for the first time, may benefit from your wisdom.

Thank you!

Paul Kurucz

Latest update to this resource: April 2024.

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Hi Paul,

Just to update you - we landed and sailed through customs! So thank you so much for all of your advice...It was a thoroughly pleasant experience.

This is to say thank you for everything. Your advisory has been so incredibly helpful and saved us considerable time and removed room for error.

With best wishes,

Caroline

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