The Immigration of Canada places a high priority when it comes to family reunification matters. And have cave out immigration programs to make such reunification, possible. Such reunification can be achieved through three main immigration Family class application such as: Spousal Sponsorship, Common-Law Sponsorship and Conjugal Sponsorship. The Family Class Application is a way for a permanent resident immigrant or a citizen of Canada to sponsor their spouse or common-law partner to immigrate to Canada for visit or Residence. In this article we are going to take a high level overview of the immigration process of sponsoring your partner to join you in Canada for residence or visitation. The Canadian immigration spousal sponsorship regulations and Guild lines is applicable to both opposite and same-sex spouses and partners. Note that Same-sex marriage is very legal in the Canadian law and society. So if your partner is same sex with you, you nothing to worry when thinking of sponsoring them to come and join you in Canada.
In this Global world today which is made possible by the invention of the internet, there are so many Online dating and the ease of international travel, this means that every year, thousands of Canadians(Not only Canada, but a global trend) fall in love with citizens of other countries. However, If you are a Canadian citizen and you have a foreign spouse or partner, you will still have to meet Requirement criteria and follow Canada IRCC’s spousal sponsorship immigration rules to bring your partner to the country for visit or residence.
Lets look at who is eligible to sponsor there love ones to Canada and this three main sponsorship categories you can use to bring your love ones to Canada.
The Eligibility Status Your Sponsor Your love Ones to Move to Canada With You.
Everyone living in Canada whether a permanent residence or a citizen is not allow to sponsor anyone to Canada unless they meet a certain requirement set up by the immigration commission for sponsorship programs. For you to be able to sponsor your love ones, be it your Child, your wife, your common-law etc. You must qualify for such an immigration sponsorship program.
The following are the Status you must met for you to be eligible to sponsor your love ones to Canada:
1. The Minimum age limit requirement for you to sponsor someone is at least 18 years of age
2. You Must be a Canadian citizen, or you are residing in Canada on permanent resident.
3. For a Canadian citizen who is living out of the country, it is required that you show that you have plans to live in Canada when your sponsored love ones Resides in Canada on permanent resident bases.
4. For those who are permanent Resident of Canada but living outside Canada for the moment, You are not allow to sponsor anyone unless you are living in the country.
5. able to prove that you are not receiving social assistance for reasons other than a disability
6. You must show that you can take care of the basic provision of the person you want to bring to canada, before you are allow to start the process.
Lets look at the three main immigration categories through which you can sponsor your love ones to Canada:
1. The Spousal Sponsorship Category
This spousal sponsorship category is meant for a Canadian citizen or an immigrant residing in Canada on permanent resident basis, who marries a foreign citizen and that foreign citizen is at least 18 years old and the Canadian citizen himself or the permanent residence immigrant is at least 18 years old in Canada, the spouse may proceed to apply for Spousal Sponsorship category. Also it is required, that The marriage must be legal in the country in which it was done.
In this category, the Canadian Citizen or permanent resident Immigrants sponsor is not required to show a certain level of income required to sponsor someone. however, the sponsor cannot be on social assistance and has to be able to provide the basics for the spouse when he or she enters Canada to live with him. Also the foreign spouse should pass fit to inter Canada. For example He/She must be ruled admissible and will need to pass medical and criminal exams before they can be allowed to enter the country to meet there sponsor.
Another immigration test is to certain whether the marriage is genuine and legal or was it just entered for immigration sake. Consequently, The spouse must have to show strong evidence that the relationship and marriage are genuine and was not just entered into in order to get permanent resident status in the country. you will need to provide documents such as: Proof of shared assets, Proof of travels, Proof of communications, Proof of meeting each other’s family, Evidence of honeymoon etc. The above document will show that the marriage is genuine and legal and not just entered for the sake of getting a permanent resident in Canada.
After meeting the status and document requirements, the final stage is to attained an interview with an immigration officer. So that you can answer personal questions to help prove that your relationship is genuine and legal, and was not entered for the sake of immigration process.
This Common-law sponsorship category is the sponsorship immigration category for partners who are common-law. that is partners who are not married but have been living together continuously for a minimum of one year. This does not mean that both of you are roommates. There have to be a real relationship and cohabitation between two of you and you will have to be able to provide a prove that you are a genuine couple, committed to each other and have an exclusive relationship for a minimum of one year. This means that you will have to provide evidence of:
A one at least a year of cohabitation between two of you
Evidence that shows a committed and exclusive relationship between two of you.
There are many ways you can prove that two of you have been cohabiting for at least one year. You can use evidence such as a co-signed lease or property agreement or utility bills in each other’s names at the same address. While You have to use whatever you have to prove the second part which is that you are in a committed and exclusive relationship for at least one year.
Providing the Proof of a committed and exclusive relationship depends entirely on your unique circumstances which you find yourself. You can use evidences such as shared assets, travels made together, evidence of meeting each other’s families, also if you have evidence of traveling to each other’s countries can be of value. You have to document all the things at your disposal, which helps to prove that your relationship is a genuine and not just for immigration sake.
After meeting the status and document requirements, you have to swear an oath that you are a common-law couple and you may be required to attend an interview with an officer of immigration.
This category is perhaps the toughest to sponsor your love one to Canada. The conjugal category is for relationship that does not feet in other categories above but who however have a marriage type of relationship and is committed to an exclusive relationship between.
Now the question is who is a conjugal partner in Canadian immigration provision?
In Canadian immigration law a conjugal partner relationship exists between two people who are in a marriage-like relationship though they have not yet married or have not lived together for a minimum period of at least one year. due to some circumstances. The Canadian IRCC sees the conjugal partner category to be an exception category for situations where the Canadian who is a citizen or living in Canada on permanent basis and their foreign partner are somehow not able to marry or to live together for a year so as to qualify for spouse and common-law sponsorship categories.
That means a conjugal partner is a foreign national who is residing outside Canada and has been in a conjugal relationship with their sponsor for at least one year. This category is not good for those who are dating, or considering getting married in the future.
In conjugal relationship, you have to be in a relationship that looks almost like a marriage. You should have a history together, shared assets, travels together, perhaps a public expression of your dedication to each other through a ceremony or other means that prove such relationship.
In this category there is no specific criteria a sponsor can use to ascertain if the conjugal application will be accepted. Now just like with all immigration applications your individual circumstances and assessment is very important and you will be required to have an interview with Canadian immigration officer.
Do you want to know if you qualify for Conjugal Sponsorship in Canadian immigration? Ask yourself this question: in our relationship do we appear to be the same as a typical married couple would appear in the eyes of an outsider?