Canada Spousal and Common-Law Partner Sponsorship
Keeping families along and reuniting partners is of high priority in Canada. The better half or unwritten Partner support category permits you to sponsor your better half or unwritten partner for a permanent resident visa.
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How are you able to Qualify to Become a Sponsor?
You may apply to sponsor a unwritten partner or better half of identical or woman folk if you meet the subsequent requirements:
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- You must be eighteen years or older;
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- You must be a Canadian national, a permanent resident, or someone registered as an Indian below the Canadian Indian Act, (if you’re a Canadian national living outside Canada, you need to show that you simply conceive to sleep in Canada once the person you sponsored becomes a permanent resident and you can not sponsor somebody if you’re a permanent resident living outside Canada.);
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- You must be able to prove that you simply aren’t receiving supplementary benefit for reasons apart from a disability;
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- You must certify that they don’t need social assistance from the government; and
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- You must be able to prove that you simply will offer the essential desires of any individual you’re sponsoring
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What Is the distinction Between a better half and a unwritten Partner?
Common-Law Partner: If you’re not de jure married, however it’s a heavy relationship, you’re thought of unwritten partners. you need to are living together with your partner for a minimum of twelve consecutive months.
This suggests that there shouldn’t be prolonged periods of living apart, notwithstanding one member has gone away on a business trip, is traveling, or a family obligation trip.
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What Is the Difference Between a Spouse and a Common-Law Partner?
Common-Law Partner: If you are not legally married, but it is a serious relationship, you are considered common-law partners. You must have been living with your partner for at least twelve consecutive months.
This means that there should not be prolonged periods of living apart, even if one member has gone away on a business trip, is traveling, or a family obligation trip.
Spouse: A spouse is your marriage life partner
Can my spouse, common-law partner, or conjugal partner come to Canada while waiting for approval?
Your spouse or partner can come to Canada while you are waiting for approval but there is no special visa for applicants awaiting a decision on their sponsorship application.
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 visa officer assigned to their case they will leave at the end of the validity of the visa. Having an application for permanent residence can create doubt in the visa officer’s mind that the applicant intends to leave at the end of their visa.
For this reason, applicants may want to apply for a temporary visa and then once together in Canada, submit under the inland sponsorship category.
The spouse being sponsored can then transition from their temporary status in Canada to an open work permit that would allow them to work for any employer while their application is processing.
Can I sponsor my conjugal or common-law partner If I am legally married to someone else?
If you wish to sponsor your common-law partner but are legally married to another person, you must provide proof that your marriage has broken down and that you have lived apart from your spouse for at least one year.
You can only count time physically separated from your spouse toward time cohabitating with the common-law partner you wish to sponsor. To demonstrate the end of your spousal relationship, you should provide additional documentation, such as:
- a formal declaration regarding the end of the marriage and beginning of a common-law relationship
- an official separation agreement
- a court order in respect of custody of children, or
- documents showing the removal of the legally married spouse from insurance policies or wills
Can I sponsor my common-law partner if we are not currently living together?
A common-law couple may be separated due to extenuating circumstances such as a family emergency, hostile country conditions, or employment or education-related reasons.
To sponsor your common-law partner, you must have been living or have lived with your partner for at least 12 consecutive months in a marriage-like relationship.
If you are not currently living with your partner at the time of applying, you must provide sufficient evidence that you have previously lived together and intend to live together in Canada upon being sponsored.
You will also need to provide convincing evidence to show that while living apart, you have continued to maintain your common-law relationship.
As each application is as unique as the relationship itself, an experienced representative can assist you in preparing the strongest application possible.