Are you wondering of how to bring down your family especially your spouse closer to the country where you work? if this is so then you need to read more of this article which will dish out information on the Canada marriage visa application. No matter where your spouse lives you still stand a chance of being together or living together for a long period of time. However, you must bear it in mind that you must be a permanent resident before this purpose will be carried out. Therefore sit and relax while you read through this article from the beginning till the end.
Citizens and permanent residents of Canada may sponsor their spouse, common-law partner, or conjugal partner to obtain permanent resident status.
However, let’s look at some FAQs and many more…
Do I get Permanent Residence if I Marry a Canadian?
You cannot get this directly or immediately. Marrying a Canadian does not automatically give the spouse Canadian permanent residence.
Once you are married or in a common-law relationship, you can then apply for a spousal sponsorship.
Note: After the application for spousal sponsorship is approved, will the married spouse become a Canadian permanent resident.
Can my Spouse Come to Canada even while waiting for Approval?
This is not as easy as you think, because there are certain rules you try not carry out and not violate it.
Your spouse can come to Canada while you are waiting for approval but there is no special visa for applicants awaiting a decision on their sponsorship.
Some spousal sponsorship applicants may encounter difficulties applying for a temporary visa if they have an application for permanent residence already in process.
Applicants applying for a temporary residence visa must satisfy the requirements and leave at the end of the validity of the visa.
How Long does it take to Sponsor Your Spouse in Canada? (Canada Marriage Visa Application)
Sponsorship applications take approximately 12 months to process from start to finish. They are typically not processed much faster than 12 months but they can take longer, depending on the nature of your matter.
Does my spouse need IELTS for the Canada Visa Application?
The truth is that IELTS is not required for Canada Spouse Visa application.
Is an Interview Required for Spousal Sponsorship?
Immigration interviews are rare for spousal sponsorship cases. Spousal sponsorship immigration interviews usually occur when there are lack of documents supporting the relationships.
Also some things does not tally like contradicting information on the forms & documents, age and religious difference, meeting moments for your spouse and marriage,
Can I Cancel My Spousal Sponsorship? (Canada Marriage Visa Application)
If you still have doubt for this sponsorship, then you can withdraw your sponsorship application at any time before the person you’re sponsoring becomes a permanent resident of Canada.
Can my spouse or partner work in Canada?
If your spouse or common-law partner already has a work permit, they may continue to work as long as the permit is valid.
If your spouse or common-law partner is living in Canada with you and is applying as a member of the Spouse or Common-Law Partner in Canada class, they can also apply for an open work permit when they apply for permanent residence.
They must include a completed Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form [IMM 5710].
Can my spouse or partner study in Canada?
If your spouse already has a study permit and wants to keep their temporary resident status as a student, they may submit an Application to Change Conditions, extend Stay or remain in Canada as a Student form [IMM 5709].
Focus Reasons a Sponsorship Application is Refused
In order to be eligible for spousal sponsorship of any kind, you need to prove that your relationship is legal.
There are several factors that are taken into consideration by immigration officers, depending on the nature of your relationship.
Visa officers will consider a range of items to determine if your relationship is genuine. Some of the items they will consider are more traditional, like photos of your wedding that show members or your family there. Others can be more unique to the cultural practices of the region.
Canada spouse approval process (Canada Marriage Visa Application)
IRCC must approve of the Canadian citizen or permanent resident (the “sponsor”) and the foreigner (the “sponsored person”).
But to receive approval, the sponsor and sponsored person must demonstrate to IRCC their relationship falls under of the following categories:
- Common-law partner
- Conjugal partner
Categories to be sponsored
Below are the details of the categories:
- Spouse: The spouse of the Canadian citizen or permanent resident needs to be legally married to the sponsor.
- Common-law partner: If the partner is not legally married to the sponsor, they must have been living with the sponsor for at least 12 consecutive months.
- Conjugal partner: If the partner is not legally married to the sponsor, but has been in a relationship with the sponsor for at least one year, resides outside of Canada, and is unable to marry the sponsor, IRCC may recognize the relationship as a conjugal partnership. Reasons why marriage may not be possible include cultural, religious, or legal reasons.
Canadian citizens and permanent residents are eligible to sponsor if they meet this points
- They are at least 18 years old.
- They are a Canadian citizen or permanent resident. Permanent residents must be residing in Canada to be eligible to sponsor.
- They demonstrate they are not receiving social assistance unless they have a disability.
- They can provide for the financial needs of the sponsored person.
- Are able and willing to provide for the basic financial needs of your spouse or partner for three years.
- In most cases the following certificate might be demanded from you:
- Relationship Information and Sponsorship Evaluation
- Marriage certificate.
- Wedding invitations and photos.
- Birth certificates or adoption records for any children you and your spouse have together.
- Proof of registration of marriage with a government authority.
And at least two of the following documents:
- Proof that you and your spouse own property together
- Shared bank accounts,
- Utility bills with both of your names,
- Copies of government-issued IDs,
- Car insurance,
- Pay stubs or tax forms that show that you live at the same address
You cannot be able to sponsor if you…(Canada Marriage Visa Application)
- Are in default on an immigration loan or a performance bond
- Did not pay court-ordered alimony or child support
- Have declared bankruptcy which has not been discharged
- Are sponsoring a spouse or partner but you signed an undertaking for a previous spouse or partner and it hasn’t been three years since they became a permanent resident.
- previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
- Are convicted of
- an offence of a sexual nature,
- a violent crime,
- an offence against a relative that caused bodily harm or
- threatened or attempted to commit any of the above offences—depending on the nature of the offence, how long ago it happened and if you received a pardon
- Are sponsoring a spouse or partner and you were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago.
- Yes, under a removal order,
- Are in a penitentiary, jail, reformatory or prison,
- Have already applied to sponsor your current spouse or partner and haven’t received a decision.
How to Apply for Spousal Sponsorship
IRCC request for two applications to be submitted together at the same time: The sponsorship application and permanent residence application.
1. Find out if you are eligible to sponsor. Obtain an application kit by downloading it from the Citizenship and Immigration Canada website (www.cic.gc.ca).
2. Get IRCC’s application package.
3. Pay necessary fees on IRCC’s website. Fees usually include processing fees, right of permanent residence fee, and biometrics fee.
4. Additional fees or documents may be requested. If all the documents are in order, the application will then be sent to a Canadian visa office.
5. Then the sponsor should mail the sponsorship application along with the spouse’s permanent resident application to the Citizenship and Immigration Center Canada for review.
6. Once the sponsorship is approved, a permanent resident visa will be issued.
Couples must fulfil certain responsibilities once IRCC approves their application:
- Sponsors are financially responsible for their loved one for at least three years.
- Sponsored persons are not allowed to sponsor another person for five years after they have been sponsored.
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