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What is a Canada Spouse Visa?
Canada Spouse Visa enables Canadian citizens or permanent residents of at least 18 years of age to sponsor a spouse or a common-law or conjugal partner living outside of Canada.
A Common-Law Partner is a person of the opposite or same sex who you have lived with in a conjugal relationship for a period of at least one year. You must have lived together for 12 months continuously, with exceptions of short trips for business or family reasons. You must also provide proof that you have set up a household together.
A Conjugal Partner is a common-law partner who you have not been able to live with continuously for one year, or a spouse who is unable to marry their sponsor legally because it is not an available option due to marital status, immigration barriers or sexual orientation.
A Spouse is of the opposite or same sex and is married to you.
Canada Spouse Visa Requirements:
- Provide a marriage certificate from the province or territory where you got married if you were married in Canada.
- Provide proof of a valid marriage if you were married outside of Canada; the marriage must be legally valid in the place you were married as well as under Canadian law.
- Provide proof of a valid marriage if you were married in an embassy or consulate; the marriage must be legal according to the country where the embassy or consulate is located.
- Demonstrate that you will live in Canada once your spouse or common-law or conjugal partner becomes a permanent resident (In the case the sponsor does reside in Canada when applying for the visa).
- Sign an agreement that confirms that the sponsor and the person being sponsored understand their mutual obligations and responsibilities. Both the sponsor and the person being sponsored need to sign this agreement.
- Sign an undertaking promising to provide for the basic needs of their spouse or common-law partner; the sponsor is required to sign this agreement.
- Demonstrate the genuine nature of your relationship with your spouse or common-law or conjugal partner. It is essential to demonstrate that your relationship with your partner is genuine and they are immigrating to Canada because of you and not just because of their desire to live and work in the country. Proof of a genuine relationship can be demonstrated by:
- A marriage certificate
- Frequent communication, such as letters, emails and phone calls
- Photos of you and your partner together
- Joint agreements, such as a lease agreement and/or bank accounts
Other Information Regarding Canada Spouse Visa:
- If you entered Canadaas a sponsored spouse or partner you are not eligible to sponsor a new spouse or partner for a period of 5 years from the date you landed in Canada.
- As of April 28, 2017, Immigration, Refugees and Citizenship Canada (IRCC) has removed Conditional Permanent Residence for sponsored spouses and partners of Canadian citizens. The eliminated rule required a sponsored spouse or partner to live with their sponsor for two years. The IRCC will continue to monitor sponsorship relationships to check for marriage fraud and will maintain the five-year marriage bar on sponsoring someone else.
- Your spouse or common-law partner may be able to work while their Canada Spouse Visa application is being finalized.
- IRCC is speeding up processing for spousal sponsorship applicants. While cases that are complex will need more time to process, on December 7, 2016, they announced important changes to enable processing of most spousal sponsorship applications within a 12-month time frame.
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For more information on Canada Spouse Visa or to check your eligibility to migrate under the Canadian Spouse Visa, get in touch with our team of qualified consultants, skilled advisors and highly trained instructors.