Marriage to a Canadian citizen does not automatically grant you Canadian citizenship. You must follow the same application process as any other applicant, which includes first becoming a permanent resident through spousal sponsorship and then meeting specific requirements, including three years of physical presence in Canada.
At Kingwell Immigration Law, we guide clients through this complex two-step process with our specialized immigration expertise.
Contact your trusted Toronto immigration lawyer; we provide the specialized legal support you need throughout this complex process.
Many clients approach Kingwell Immigration Law believing marriage creates a fast track to citizenship, only to discover the complex legal requirements they must navigate. Our Toronto-based immigration lawyers have over 20 years of experience helping spouses of Canadian citizens through their true pathways to citizenship.
We specialize in complex immigration cases and Federal Court litigation, positioning us uniquely to handle challenging situations that may arise during your citizenship journey. Whether you’re facing application delays, refusals, or procedural fairness concerns, our legal team provides the specialized guidance you need.
Our firm’s Federal Court experience includes successful cases where we’ve helped clients overcome IRCC questioning about relationship genuineness, complex residency calculations, and citizenship application refusals.
We navigate the intricate requirements established under the Immigration and Refugee Protection Act with precision and expertise.
Canadian immigration law requires a two-step process for spouses seeking citizenship:
This process differs significantly from some other countries, where marriage provides direct citizenship benefits. The Immigration and Refugee Protection Act establishes these requirements, ensuring all applicants meet the same standards regardless of marital status. There is no special process or preferential treatment for spouses of Canadian citizens.
The timeline typically spans several years. Spousal sponsorship applications currently take approximately 12 months for processing, followed by a three-year wait to meet citizenship residency requirements.
We help you plan appropriately for your future in Canada while avoiding common misconceptions about accelerated processing.
Your Canadian spouse can sponsor you for permanent residence if they meet specific eligibility requirements:
Immigration officers scrutinize relationship evidence to prevent marriage fraud. Our legal team ensures your sponsorship application meets all requirements and addresses potential complications before they arise.
Book an appointment to learn how our legal team can strengthen your spousal sponsorship application to avoid delays and refusals.
Physical presence in Canada represents the most critical citizenship requirement. You must be physically present for at least 1,095 days (three years) within the five years immediately before applying for citizenship. This calculation includes time spent as both a permanent and temporary resident.
| Status Type | Counting Method | Maximum Credit |
| Permanent Resident | 1 day = 1 day | Full-time counts |
| Temporary Resident | 2 days = 1 day | Maximum 365-day credit |
| Protected Person | 1 day = 1 day | Full-time counts |
Language proficiency requirements mandate Canadian Language Benchmark (CLB) Level 4 in English or French. This applies to applicants between the ages of 18 and 54 on the application date. You must demonstrate speaking and listening skills through approved language tests, educational credentials, or other acceptable documentation.
Tax filing obligations require submission of income tax returns for at least three of the five years preceding your application, assuming the Canada Revenue Agency requires you to file. We help ensure your documentation meets all requirements and guide you through any complications that may arise during the citizenship application process.
Many people believe marriage to a Canadian creates immediate immigration benefits or expedited processing. However, spousal sponsorship applications receive no preferential treatment and must meet the same evidence standards as other family class applications under current immigration regulations.
Conditional permanent residence requirements were eliminated in 2017, but Immigration, Refugees and Citizenship Canada continues monitoring sponsored spouses for relationship genuineness. Marriages of convenience or fraudulent relationships can result in removal proceedings and permanent inadmissibility to Canada.
Some assume that divorce after obtaining citizenship affects their status. Once granted, Canadian citizenship remains permanent unless obtained through fraud or misrepresentation. However, divorce during the sponsorship process can complicate your permanent residence application significantly. We provide immediate legal consultation to address these complications when they arise.
💡 Additional reading: benefits of marrying a Canadian citizen
Canadian sponsors enter a legal undertaking with significant obligations:
We guide sponsors through these requirements and help address any barriers that may arise.
In M.M. v Minister of Citizenship and Immigration (2022 FC 1098), we successfully appealed to the Federal Court for a study permit applicant from Iran, where IRCC rejected her application, finding that her study plan was not logical. The Court agreed that the reasons were insufficient to justify the decision, and the application was sent back to IRCC for reconsideration.
In A.H. v Minister of Citizenship and Immigration (2020 FC 530), we represented clients on appeal to the Federal Court where their conjugal partner’s permanent residence application was refused by IRCC and the Immigration Appeal Division. The judge overturned the decision, agreeing that the officer and IAD had improperly considered their individual and relationship histories.
Our firm successfully assisted clients in O.J. v Minister of Citizenship and Immigration (2019 FC 684), where a Pre-Removal Risk Assessment applicant claimed to be threatened in Nigeria due to her LGBT identity. The Federal Court overturned IRCC’s decision, finding that the officer had failed to consider important evidence and had not held a required interview. These cases demonstrate our ability to successfully challenge immigration decisions at the highest judicial level.
Several challenges commonly arise during the citizenship journey:
Our legal team presents evidence effectively, ensures accurate documentation, and addresses officer concerns promptly through strategic case preparation. We guide clients toward appropriate preparation resources and acceptable alternative documentation options when available.
Schedule a consultation to discuss any challenges in your citizenship application process.
Spousal sponsorship applications typically require 12 months for processing, though complex cases or requests for additional documentation can extend this timeline significantly. After receiving permanent residence, you must wait approximately three years to meet physical presence requirements for citizenship eligibility.
Citizenship applications are currently processed within 12-18 months from submission. However, applications requiring additional review due to complex travel history, criminal history, or other factors may take significantly longer, sometimes exceeding two years for resolution.
The total timeline from marriage to citizenship typically spans four to five years, assuming no complications arise. We help you maintain accurate records and meet all requirements consistently throughout this process to avoid delays or refusals.
Divorce or separation during spousal sponsorship can severely impact your permanent residence application. While conditional permanent residence no longer exists, IRCC may question the relationship’s genuineness if separation occurs shortly after application submission, potentially leading to application refusal.
Existing permanent residents facing a relationship breakdown retain their status regardless of marriage dissolution. Your permanent residence and eventual citizenship eligibility remain unaffected by divorce, provided you obtained status legitimately through a genuine relationship and continue meeting residency obligations.
Sponsored spouses experiencing domestic violence receive special protections under immigration law. These provisions allow continuation of permanent residence applications even when relationships end due to abuse or violence.
We ensure victim safety takes precedence while protecting your immigration status throughout these difficult circumstances.
Canada permits dual citizenship, meaning you can retain your original nationality while becoming a Canadian citizen. However, your country of origin’s laws determine whether you can maintain multiple citizenships simultaneously.
Some countries require citizenship renunciation when acquiring Canadian citizenship. Military service obligations in your country of origin may continue despite Canadian citizenship acquisition.
These obligations can affect your ability to travel to your home country or may require legal resolution before citizenship application completion. We help you research and address these considerations before beginning your citizenship application.
Navigating from marriage to Canadian citizenship requires careful planning, accurate documentation, and thorough expertise in complex immigration requirements. Our experienced legal team guides you through each step, ensuring compliance with all requirements while addressing challenges that arise during the process.
We provide comprehensive support from initial spousal sponsorship applications through citizenship ceremonies. Our Federal Court litigation experience uniquely positions us to handle appeals or judicial reviews if complications occur during your application process, giving you confidence in challenging situations.
Don’t navigate Canada’s complex immigration system alone. Our legal team’s specialized knowledge and proven track record of successful Federal Court cases help ensure your path to citizenship proceeds smoothly and successfully, even when complications arise.
Call 416.988.8853 today or visit our booking page to begin your journey to Canadian citizenship with experienced legal guidance.
You cannot apply for citizenship immediately after marriage. First, your spouse must sponsor you for permanent residence, which takes about 12 months. Then you must wait three years as a permanent resident to meet physical presence requirements before applying for citizenship.
Divorce during citizenship processing won’t affect your application if you’re already a permanent resident with a genuine status. However, if IRCC discovers your original marriage was fraudulent, this could impact your citizenship application and potentially result in losing permanent resident status.
You must be physically present in Canada for 1,095 days within five years before applying for citizenship. Frequent travel can jeopardize this requirement. Each day outside Canada counts against your physical presence calculation, regardless of your marital status to a Canadian citizen.
Yes, marriage to a Canadian citizen doesn’t exempt you from language requirements. You must demonstrate Canadian Language Benchmark Level 4 proficiency in English or French through approved tests, educational credentials, or other acceptable documentation if you’re between the ages of 18 and 54.
There is no citizenship-through-marriage fee. Applicants typically pay about $1,205 in federal spousal sponsorship fees to obtain permanent residence, plus $649.75 later for an adult citizenship application. Total costs often reach $2,000–$3,000 once medical exams, translations, and optional legal fees are included.
