How to renew Spousal Visa in Canada
When you are in a relationship with a Canadian citizen or permanent resident, one of the first steps in building your life together is to obtain a spousal visa, allowing you to live, work, and study in Canada.
If you have already received a spousal visa and are looking to extend your stay, you’ll need to renew your visa. In this guide, we’ll explain how to renew a spousal visa in Canada, including the eligibility requirements, the renewal process, and key steps involved.
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#1. What is your primary reason for considering a marriage visa?
#2. Do you know which documents are required for a marriage visa application?
#3. How soon are you planning to apply for a marriage visa?
#4. Are you aware of the benefits a marriage visa provides?
#5. Which challenge do you think is the hardest part of applying for a marriage visa?
#6. What support would be most helpful to you during the application process?
We’ll also answer common questions in a FAQ section and conclude with some helpful tips.
What is a Spousal Visa?
A spousal visa is a type of visa issued to the spouse or common-law partner of a Canadian citizen or permanent resident. The visa allows the spouse to live and work in Canada for a specific period. The spousal visa may be a temporary resident visa (TRV) or a permanent resident status, depending on the applicant’s situation.
If you are already in Canada on a spousal visa and wish to extend your stay, you will need to apply for a spousal visa renewal. The renewal process is typically simpler than the initial application, but there are still several important steps to follow.
Eligibility for Renewing a Spousal Visa
To renew your spousal visa, you need to meet certain criteria:
1. Valid Relationship: Your marriage or common-law partnership must remain legitimate and ongoing. Canada requires that the relationship be genuine, and applicants must provide documentation to prove this.
2. Proof of Canadian Citizen or Permanent Resident Status: Your spouse must still be a Canadian citizen or permanent resident.
3. In-Canada Status: If you are applying from within Canada, you must ensure your status remains valid. If your visa has expired, you may need to restore your status before applying for a renewal.
4. Medical and Criminal Requirements: You may need to undergo a medical exam or provide a police certificate, depending on the situation.
5. Adherence to the Visa’s Terms: Ensure you have followed the terms of your original visa, such as working or studying only within the allowed parameters.
The Spousal Visa Renewal Process
Renewing a spousal visa involves several steps. Below is an overview of the process:
1. Check Your Eligibility
Before applying, confirm you are eligible to renew your spousal visa. If you are unsure, review the requirements for the specific type of visa you hold (Temporary Resident Visa, permanent residency, etc.).
2. Prepare Required Documents
The renewal process requires you to provide several documents. These typically include:
- A copy of your current visa or permit.
- Proof of your spouse’s Canadian citizenship or permanent resident status (e.g., a copy of their passport or permanent resident card).
- Proof of your ongoing relationship, such as joint financial accounts, shared residence, or correspondence.
- Updated medical or police records (if applicable).
- Passport-sized photos that meet Canadian immigration requirements.
- Application fees.
3. Complete the Application Forms
You must fill out the appropriate forms for the renewal. The forms can be found on the official website of Immigration, Refugees and Citizenship Canada (IRCC). These forms include:
- Application for a Temporary Resident Visa (if renewing a temporary visa).
- Application for Permanent Residence (if applying for permanent residence after initially entering Canada with temporary status).
Make sure all the forms are filled out accurately and completely. Missing or incorrect information can cause delays or rejection.
4. Submit the Application
Once you have completed the forms and gathered the required documents, submit your application online or via mail to the correct address as specified by IRCC. You’ll need to pay the applicable fees for processing your application.
5. Wait for Processing
Once submitted, IRCC will process your application. The processing time can vary depending on your location and the type of visa you are applying for. Temporary resident visa renewals typically take a few weeks, while permanent residency applications may take several months.
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During the processing period, you may be asked to attend an interview or submit additional documents.
6. Receive the Decision
Once your application has been reviewed, you will receive a decision from IRCC. If your spousal visa renewal is approved, you will receive your new visa, which may be a temporary resident visa or a permanent resident card, depending on your circumstances.
7. Maintain Legal Status
While your application is being processed, you must maintain legal status in Canada. If your current visa expires before your renewal is approved, you may need to apply for a status extension or restoration to avoid overstaying.
Table Outlining the Renewal Process
Step              Action
Step 1Â Â Â Â Â Check Eligibility
Step 2Â Â Â Â Â Prepare documents
Step 3Â Â Â Â Â Complete Application Forms
Step 4Â Â Â Â Â Submit Application
Step 5Â Â Â Â Â Â Â Wait for Processing
Step 6Â Â Â Â Â Receive Decision
Step 7Â Â Â Â Â Â Maintain Status
FAQs About Spousal Visa Renewal in Canada
How early can I apply for a spousal visa renewal in Canada?
You can apply for a spousal visa renewal up to 6 months before your current visa expires. It’s advisable to apply well in advance to avoid any gaps in your legal status.
Can I work while waiting for my spousal visa renewal?
Yes, if you are currently allowed to work in Canada, you can continue to work while your renewal application is being processed. If you are applying for a temporary resident visa, ensure that your work permit remains valid during the process.
What happens if my spousal visa expires while my renewal application is still being processed?
If your visa expires before your renewal is processed, you may need to apply for a restoration of status to remain in Canada legally. This will depend on your situation and the type of visa you hold.
How long does it take to process a spousal visa renewal application?
Processing times vary, but typically, it can take a few weeks for temporary resident visa renewals. Permanent residency applications can take several months. Check the IRCC website for the most current processing times.
What should I do if my spousal visa renewal is refused?
If your visa renewal is refused, you may be able to appeal the decision or reapply with additional supporting documentation. Consult an immigration lawyer for advice in such situations.
Can I renew my spousal visa after obtaining permanent residency?
Once you become a permanent resident, you no longer need a spousal visa. If you are applying for permanent residency during your stay, your status will be updated once your application is approved.
Can I apply for a spousal visa renewal from outside Canada?
No, spousal visa renewals must be done from within Canada if you are a temporary resident. If you are outside Canada, you will need to apply for a new visa from the Canadian embassy or consulate in your home country.
How do I prove that my marriage or partnership is genuine for the visa renewal?
To prove that your relationship is genuine, you will need to provide supporting evidence such as joint financial documents (bank accounts, tax returns), lease or ownership documents for a shared residence, pictures together, travel history, communication records, and affidavits from family or friends that attest to the legitimacy of your relationship.
What happens if I’m unable to provide the required documents for renewal?
If you are unable to provide some of the required documents, your renewal application could be delayed or even rejected. It’s essential to gather as much documentation as possible.
If certain documents are unavailable, provide a clear explanation and offer alternative evidence. If necessary, seek legal advice to ensure your application is complete.
Do I need to take a medical exam for the spousal visa renewal?
In most cases, you do not need a new medical exam when renewing a spousal visa unless the Canadian immigration authorities request one.
However, if you’ve been living outside Canada for a significant period or your health status has changed, you may be asked to undergo a medical examination.
Can I include my children in the spousal visa renewal application?
Yes, if your children are dependent (under 22 years old and unmarried), you can include them in your spousal visa renewal application. Ensure that you provide all necessary documentation, such as birth certificates and proof of relationship, for each dependent child.
Before You Go
Renewing a spousal visa in Canada is a straightforward process, but it requires careful attention to detail.
By following the steps outlined in this article—checking your eligibility, gathering the necessary documents, submitting your application, and waiting for processing—you can successfully extend your stay with your spouse in Canada.
Remember to apply in advance, keep track of deadlines, and maintain legal status throughout the process. If you have any doubts or face complications, it may be helpful to consult an immigration lawyer to guide you through the renewal process.
