Canada Spousal and Common-Law Partner Sponsorship
We printed a comprehensive guide to spousal partnership applications in 2021, and still contend with many purchasers who wish to secure permanent residents for his or her loved one. And, as candidates usually raise a similar queries after they contact us for facilitate, we’ve created this in-depth spousal support FAQ. scan on for all the answers you wish to induce started together with your application.
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Studying in Canada Application Process
Am I Eligible to Sponsor My domestic partner or Partner underneath Canada’s Spousal support Program?
You can apply to sponsor your domestic partner or partner underneath Canada’s spousal support program if you are:
>A Canadian citizen
>A permanent resident
>Aged eighteen or older
>Currently living in Canada or will come back from abroad once your partner secures permanent residence in Canada
>Financially able to offer for your partner’s basic wants for a minimum of 3 years
You should additionally have:
>No criminal convictions
>No history of bankruptcy
>No convictions for violent or sexual crimes
>No government help unless in special circumstances
However, please be aware: eligibility doesn't mean that your application is definite to be approved. varied different factors can have an effect on whether or not your spouse or partner will become a permanent resident of Canada.
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Canada’s immigration laws acknowledge same-sex marriages and same-sex unwritten partners as eligible for the program. Marriages between partners of opposite or same sexes are recognized if the ceremony was legally performed in Canada. However, marriages performed outside Canada are solely eligible if the marriage was legally recognized within the individual country.
You may sponsor your unwritten partner, whether or not you’re in an opposite- or same-sex relationship, if you’ve lived with them for twelve consecutive months or longer.
Conjugal partners in opposite- or same-sex relationships may also be sponsored. A marital status partner is outlined as somebody who:
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Lives in another country
Has been a part of a matrimony for twelve months or longer
Is unable to live with their partner as one or two because of reasons outside their management, like religion, immigration laws, or sexual orientation
What Documentation Do i would like for Canada’s Spousal sponsorship Program?
You must demonstrate that you simply and your spouse or partner are in a very genuine relationship. you'll submit differing kinds of documentation to support your application, including:
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>Marriage certificate (when applicable)
>Phone records
>Photographs
>Emails
>Birth certificates for youngsters you and your partner have along
>Adoption records if you and your partner have adopted a toddler
>Proof of a shared checking account
>Utility bills carrying each names
>Copy of identification issued by a government body
We’ll offer you with additional data on essential documentation, and guarantee your application is absolutely ready to gift the best case possible before submission.
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How Much can i would like to Pay to Sponsor My Partner to maneuver to Canada?
Applying to create your domestic partner or partner a permanent resident in Canada comes with variety of fees, betting on the specifics of your case.
Anyone who becomes a permanent resident are going to be expected to pay the proper of permanent residence fee, and therefore the Government of Canada recommends that candidates pay forthwith to avoid potential delays if permission is granted.
Other potential fees are listed below.
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>Sponsoring your spouse or partner:
>Sponsorship fee — CAN$75
>Principal individual process fee — CAN$475
>Right of permanent residence fee — CAN$500
>You may apply while not paying the proper of permanent residence fee at first, tho' it'll be needed if your spouse or partner is approved.
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Sponsoring a dependent child:
Sponsorship fee — CAN$75
Processing fee — CAN$75
You may pay a CAN$150 process fee to incorporate a dependent child on Associate in Nursing application.
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Biometrics fees:
Fee per person — CAN$85
Fee per family (two or additional people) — CAN$170
We’ll discuss the quality fees concerned in your spousal support program, further as the other prices incurred, in detail. We’re dedicated to clear shopper service and care.
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Should My Partner Be able to Speak English or French?
Your spouse or partner doesn't need to demonstrate their ability to talk English or French fluently throughout the appliance method.
However, if they apply for Canadian citizenship within the future, they'll be needed to undertake a language proficiency check at that point.
Can I Sponsor My domestic partner If They’re Outside Canada?
If your domestic partner or partner lives outside North American country at the moment, their application are going to be processed in their country of origin. they'll be able to charm a refusal at the Immigration charm Division (IAD).
You may apply to sponsor your domestic partner as a marital status partner if quite twelve months have passed since you lived along because of immigration restrictions.
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Can I embrace My Spouse’s youngsters once Applying?
Any dependent youngsters who would accompany your domestic partner or partner is enclosed on the application.
Will we tend to Be needed to Attend an Interview?
It’s unlikely that you’ll be needed to attend an interview once submitting a spousal support application. However, immigration officers can wish to interview you underneath bound circumstances.
Possible reasons include:
>If you’re unable to present enough documentation to satisfactorily support the genuineness of your relationship
>If any data given is contradictory
>If you have got spent deficient time living together
Ideally, you’ll demonstrate that you simply and your domestic partner or partner are in a very real relationship throughout your application, creating an interview inessential. however as experienced immigration lawyers in Toronto, we’ll assist you prepare for your interview and advise you to present a convincing case.
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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.
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:
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.);
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.
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.
