Canada spouse visa
The main objective behind introducing the Family Class Visa stream by the Government of Canada has been to help families reunite. The Family Class Visa allows citizens and permanent residents of Canada to sponsor their spouse, parents, dependent children dependent grandchildren or dependent grandparents to gain permanent residence in Canada.
The Spousal Sponsorship program is a sub-category of the Family Class immigration stream that allows citizens and permanent residents of Canada to sponsor their spouse or common-law partner for Canadian permanent residency.
To receive a Spouse Visa through this immigration program, the sponsor (citizen or permanent resident of Canada) and applicant (sponsored person) must demonstrate their relationship to be one of three categories:
- Common-law Partner
- Conjugal Partner
It is important for both the sponsor and the applicant to be approved by Citizenship and Immigration Canada (CIC) to receive the Spouse Visa for Canada.
NOTE: Canada recognizes same-sex marriage and therefore, same-sex partners are eligible to apply under this category provided they meet all eligibility requirements.
Eligibility requirements for the Sponsor –
In order to qualify as a sponsor, one must: –
- be 18 years or above in age
- be a citizen or permanent resident of Canada
- not have been in prison, be bankrupt, under a removal order (in case of a permanent resident) or have charged with a serious offence.
- not have been sponsored to Canada as a spouse within a span of last five years.
A person may not qualify to be a sponsor if they:
- have failed to provide financial support to a previously sponsored commitment,
- are under the age of 18 years,
- were already married to someone else at the of their marriage to the applicant,
- have lived separately and one of the two has been in a conjugal or common-law relationship with a third person,
- immigrated to Canada and the applicant must have, but was not examined by CIC, and
- have an existing sponsorship agreement which stands valid at the time of filing another sponsorship application to CIC.
There are certain rules and regulations associated with permanent residency granted under Spousal Sponsorship program. These include:-
- The sponsor must be financially sound to sponsor the applicant, for a minimum period of three years after the applicant has gained a permanent resident status in Canada.
- Those who go to the Canadian state as spouses are not allowed to sponsor a spouse in turn for five years post receiving their permanent residency in Canada.
- A two-year legal relationship regulation stands valid in case of spouses/partners who have been in a relationship for two years or less and who bear no children in common with their sponsor at the time of submitting the application. Once in Canada, the applicant must live with his/her spouse/partner in a lawful relationship a minimum of two years, or are subject to facing the possibility of having their Permanent Residency revoked.
- Sponsored spouses or partners who face abuse or neglect are exceptions to these rules and regulations.
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