Looking into sponsoring your spouse or common law partner to Canada? Not sure whether to file for inland or overseas spousal or common law application? Watch our video to learn more about your options available and if you meet the qualification criteria for sponsorship.
Spouse or Common Law Sponsorship
There are few things you must consider prior to sponsoring your Spouse or Common-Law Partner to Canada. The first being as the sponsor and the applicant you would have to decide if you would want to submit an application inside or outside of Canada. When submitting an Inland Spousal application the spouse has to in Canada. In order for the spouse to in Canada they would have to apply for Visitor Visa to Canada if they come from a country that is not exempt from the Visitor Visa such as Pakistan, India, Africa (see cic.gc.ca for complete list) If the person comes from visa exempt country such as Germany, Italy, Holland all they have to do is apply for Electronic Travel Authorization (eTA). So once the foreign applicant has obtained the Visitor Visa they can submit an Inland Sponsorship application. If the Visitor Visa was denied then unfortunately you would have to submit an Overseas Sponsorship application which means the spouse is outside of Canada. When submitting an Overseas Sponsorship application the applicant has to submit their application to a visa office within the country in which he/she resided for at least one year. The best way going about this is submitting your application to your country of citizenship.
There are two different stages for sponsorship applications. The first stage includes in which the sponsor has to demonstrate genuineness in the relationship. This can be demonstrated by providing ample documentation to show their relationship such as how you met, where you met, where your relationship is going. Some examples include, phone logs, FB chats, Skype, trips taken together, pictures of you and your partner with their family members, gift receipts, letters and anything else that shows your relationship is genuine. The first stage approximately takes 12 months for processing once the first stage is completed your application moves to the second stage. The second stage involves the immigration officer determining the eligibility of the person you are sponsoring based on medical and criminal background check. This stage takes another 12 months or more. Usually, Inland Sponsorship takes longer to process then Overseas Sponsorship application.
When sponsoring someone you have to ensure you meet all the requirements or else CIC can simply refuse your application or delay processing times. Some of these requirements you need to meet as the sponsor include:
- Being 18 years of age as the sponsor
- Must be Canadian Citizen or Permanent Resident of Canada as the sponsor
- You cannot be in prison, bankrupt, under removal order or charged with serious offence as the sponsor
- You cannot have been sponsored to Canada as spouse within the last 5 years as the sponsor
Also, when submitting an inland sponsorship application you cannot appeal the decision meaning you have to exit Canada immediately upon expiration of your visa. The overseas application if refused you can appeal it within 30 days.
So whether you decide to sponsor your spouse from inside or outside of Canada the sponsorship application can be a complex matter, contact us today to help you make the process as simple as possible.
With Akrami & Associates there is always a way!!
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