Got Canadian Citizenship by Descent? Here Is What It Means for Your Spouse

In many cases, the application is fairly straightforward. You apply for proof of citizenship and show that you have a direct family connection to someone who was born in Canada. If your application is approved, you can receive a Canadian citizenship certificate. Yes, it can be more complicated than that in some cases, but that is not the purpose of this article. 

In this article, we are going to cover what gaining Canadian citizenship means for your spouse and what you need to do about it.

What Does Your Spouse Get When You Become a Canadian Citizen?  

Unfortunately, you becoming Canadian does not mean your spouse becomes Canadian too. Canadian citizenship does not automatically transfer through marriage. It also does not automatically give your spouse permanent resident status, or any other status to live in Canada. 

Still, your citizenship can make it easier for them to join you in Canada and eventually qualify for Canadian citizenship. 

For now, though, before you start your life in Canada on a permanent basis, you will likely need to sponsor your spouse for Canadian permanent residence. 

What Does It Mean to Sponsor Your Spouse? 

Sponsoring your spouse means applying to help them become a Canadian permanent resident (PR). 

If the application is successful, they will be able to live and work anywhere in Canada. That means they can settle in any province or territory, and work for almost any employer. They will also be able to access public healthcare once they meet provincial requirements. 

When it comes to spousal sponsorship, you can generally sponsor: 

• Your married spouse 

• Your common-law partner, meaning someone you have lived with in a marriage-like relationship for at least 12 continuous months 

There is also one key point for people who have gained Canadian citizenship by descent and are living outside Canada. In sponsoring a spouse whilst living outside of Canada, you must show a clear intention to live in Canada once they become a permanent resident of Canada. You should show things like housing plans, financial preparation, job search efforts, or other proof that you truly intend to settle in Canada together. 

This matters a lot for people who have only recently discovered that they are Canadian. If you are living abroad and have no immediate plans to relocate to Canada, then spousal sponsorship at this time, may not make sense.  

If you plan to relocate to Canada but cannot wait for your spouse’s PR application to be processed, there may be temporary resident options that allow your spouse to come with you while the application is still in process. These may include a visitor visa or, in some cases, an open work permit that allows your spouse to work in Canada. 

It is also worth remembering that sponsorship is not just a formality. It is a legal undertaking. By sponsoring your spouse, you are agreeing to support their basic needs, so they do not need to rely on social assistance. 

Your Spouse’s Path to Canadian Citizenship 

Once your spouse becomes a permanent resident, they can then begin working toward Canadian citizenship through naturalization. This is where their path is different from yours. 

You may have become Canadian through descent, based on your family history. Your spouse, on the other hand, will usually need to go through the regular citizenship process after first becoming a permanent resident.  

In general, your spouse will need to: 

• Be a permanent resident of Canada 

• Have lived in Canada for at least 3 out of the last 5 years 

• Have filed income taxes, if required 

• Pass a citizenship test, if required 

• Prove language skills in English or French, if required 

So, while your citizenship may come through your family connection, your spouse’s citizenship usually comes later, after they have spent time living in Canada and meeting certain requirements.  

For many couples, this means thinking about the process in two stages. First, one spouse confirms Canadian citizenship by descent. Second, the other spouse becomes a permanent resident and later applies for citizenship when eligible. This will take several years from start to finish.  

Difference Between Being a Permanent Resident and a Citizen 

Permanent residence and citizenship have many similarities. In everyday life, permanent residents can do a lot of the same things as Canadian citizens. 

For example, both permanent residents and citizens can: 

• Live in Canada 

• Work in Canada 

• Study in Canada (and pay domestic tuition fees) 

• Access public services like healthcare and education  

Still, there are also some very important differences. Which include: 

• Political rights: Canadian citizens have a full set of political rights in Canada. This includes the right to vote, run for office, and fully participate in Canada’s democratic system. Permanent residents do not have these rights. 

• No residence obligation for citizens: Permanent residents must continue to meet a residency obligation to maintain their PR status. In general, they need to live in Canada for at least 730 days within every 5-year period in order to keep their PR status. Canadian citizens do not have this same obligation. Once you are a citizen, you do not need to keep meeting a minimum number of days in Canada to keep that status. 

• Risk of losing status:  Permanent residents can lose their status more easily than citizens. This can happen if they fail to meet the residency requirement or if they face other serious issues, including certain criminal matters. Canadian citizenship is much harder to lose. It is not impossible, but in general it only happens in limited situations, such as where citizenship was obtained through fraud or misrepresentation. 

• Passing on status: Canadian citizenship may be passed on to your child, even if they are not born in Canada. Permanent resident status is different. It does not pass automatically to a child. A child would need to qualify for Canadian status in their own right.  

Discovering that you may qualify for Canadian citizenship by descent can be life changing. For many people, it opens the door to living in Canada, working in Canada, and building a future, when you may not have been able to otherwise. But it is important to understand what that citizenship does, and does not, do for your spouse. 

Your citizenship does not automatically make your spouse Canadian. It does not automatically give them permanent resident status either. In most cases, if you want to move to Canada together on a permanent basis, you will need to sponsor your spouse for permanent residence first.  

The good news is that your Canadian citizenship allows you to take that step. And once your spouse becomes a permanent resident, they can begin their own path toward Canadian citizenship in time. 

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