What are the basic steps to sponsor your spouse to Canada

Sponsoring a spouse to Canada is not an easy process.  Thus it is mandatory to know the basic steps to apply thereby helping both the sponsor and principal applicant throughout the application process.

 

WHO CAN BECOME A SPONSOR?

One can become a sponsor if one is 18 years of age or older, if one is a Canadian citizen or permanent resident in Canada, if one is not receiving social assistance from the government, and if one succeeds in demonstrating that one has sufficient funds to provide for the basic needs of the principle applicant and spouse.  If the main applicant is a Canadian citizen and living outside of Canada with spouse, then it is mandatory that the applicant demonstrates in their application that their intent is to live in Canada once the sponsored spouse becomes a permanent resident.  But if the main applicant is a permanent resident and living outside of Canada then unfortunately the applicant cannot sponsor their spouse to Canada since as a permanent resident the applicant has to be inside of Canada to be eligible to sponsor their spouse to Canada.  In case the applicant lives in Quebec then they must meet Quebec’s conditions to be a sponsor.

WHO CANNOT BECOME A SPONSOR?

An applicant cannot become a sponsor for the following reasons:

·         If the applicant owes the government money such as an immigration loan, family support payments or performance bond.

·         Failed to meet basic needs or previous sponsorship in which the sponsored relative ended up getting social assistance.

·         If the applicant is under a removal order.

·         If the applicant is collecting any type of social assistance.

·         If the applicant is in debt and their bankruptcy has not been cleared.

·         If the applicant has sponsored a previous spouse and three years have not elapsed since the principal applicant became a permanent resident.

·          If the applicant were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative or attempted or threatened to commit any of these offences.

STEPS TO SPONSOR SPOUSE:

1.      READ THE BASIC SPONSORSHIP GUIDE

As a precaution to avoid common mistakes in your application, it is highly recommended that one reads the basic sponsorship guide also known as Guide 5525 before starting to fill out the forms and collecting the documents.

2.      GET THE DOCUMENT CHECKLIST

A document checklist gives us information about forms needed, documents to be included with the application and also links on how to fill out each form.  Further, depending on whom the applicant wants to sponsor, the document checklist tells which IMM checklist is to be used for the applications application like checklist for spouse which is IMM 5533.  The applicant simply needs to print the checklist, follow the instruction and keep it on top of the application.

3.      FILL OUT THE FORMS

It is mandatory that the sponsor fills out and signs the forms related to his sponsoring his spouse, sponsorship agreement and undertaking.  Also a sponsorship evaluation and relationship questionnaire as well as a use of a representative form which is necessary if one has hired a consultant or immigration lawyer to assist the applicant with the application process.  The same becomes applicable for the person being sponsored who also have to fill out and sign certain forms like application to sponsor, sponsorship agreement and undertaking, generic application form for Canada, additional family information form, sponsorship evaluation and relationship questionnaire, schedule A which is a background/declaration as well as a use of a representative form which is necessary if you have hired a consultant or immigration lawyer to assist you with the application process.

4.      GATHERING ALL THE DOCUMENTS

While gathering your documents for application make sure to use the checklist in order to ensure that all the documents needed has been collected and unnecessary documents are not included which does not pertain to the situation.  Further, if the documents are not in English or French, it is necessary to make sure that a certified copy of the original document and a certified translation of the documents is included along with the application.  Since every country has different requirements it is mandatory to see what documents or additional forms are to be included with the application according to one’s countries specific requirements.  Also it is necessary to start the police clearance in advance in order to avoid delays since once the application is accepted for processing, one will be asked to submit an up-to-date police clearance certificate.

5.      Review the application for mistakes

Once all your documents have been gathered and your forms have been completed, it is necessary to review the application in order to avoid common mistakes like name spelled incorrectly, missing information, usage of wrong forms and so on.  Once done see that the forms and documents are listed according to the checklist.  Be sure that it is not stapled or even use of binders, plastic sleeves, folders or albums is strictly prohibited instead it is better to use paper clips or elastic bands.  Also see to it that the email provided by one is correct as most communication is done online and so having incorrect email or address may cause to miss a communication from the government.  Once done it is time to validate the form.  In case any information is found missing a pop-up-error message or a red square around the fields that needs to be completed will show up.  Once the forms are validated a barcode page will be created which is needed to be included on top of the application.  Now here it is absolutely necessary that one should not forget to pay the government fees online and include a copy of the receipt with the application.  If the fees is missing then the application will be returned as incomplete.

6.      SUBMIT THE APPLICATION

While submitting the application it is necessary to include a copy of the checklist with the application.  It is necessary that the application is submitted to the correct mailing address since overseas and inland applications have different addresses.  Always ask for tracking number from the courier provider.  Always contact the best courier service since there are important documents to be couriered and the worst thing would be your application getting lost. 

7.      WAIT FOR INSTRUCTION FROM THE GOVERNEMENT

After submitting the application it is necessary to wait for approximately 1 to 2 months in order to get communication from the government who either will return the application due to missing information else the government will give a UCI number showing that the application is still in process.  So wait and follow the instructions received from the government.

Sponsor Your Spouse to Canada on Visitor Visa or Temporary Resident Visa

Although Canada has only been a nation for 150 years, people have been living there for thousands of years which has been explored by most major museums in Canada which is really fascinating.  Also in addition to Canada’s amazing nature, it also has really cool cities like Vancouver, Calgary, Toronto, Montreal all of which are worthy to visit as well as its national parks.  In addition to these Canada hosts some of the pretty cool and unique festivals each year like The Quebec Winter Carnival in Quebec City which happens in January/February, Festival du Voyageur in Winnipeg also conducted in February, The International Tulip Festival in Ottawa conducted in May, Montreal Jazz Fest in June/July, The Calgary Stampede in July and so on.  Thus the need for a Canada Spouse visitor visa in order to explore all of the above.

Canada Spouse visitor visa is a temporary Canadian immigration option which not only allows tourists but also applicants who has someone in Canada to visit Canada for the purpose of tourism and leisure.  This visa is also known as Canada Spouse visitor visa or Canadian temporary resident visa (TVR).  Canada Spouse visitor visas are of two types:

·         Single entry visa

·         Multiple entry visa

Both these visa are valid for a fixed period.

Eligibility criteria for Canada Spouse Visitor Visa:

The following are the eligibility criteria for a spouse visitor visa to Canada whereby the applicant needs to prove to the immigration authorities the following things like having a valid passport, the applicant is in good health, the applicant has the financial resources required to pay for the applicants expenses while in Canada, the applicant has a residence outside Canada and other binding ties that will ensure the applicants return home after their visit to Canada, the applicants plan to remain in Canada for a specific and limited period of time, the applicants intention to leave Canada at the end of their visit, that the applicant has no intention to seek or undertake employment while in Canada, the applicant has no criminal record, the applicant does not pose any security risk, the applicant agrees to abide by the laws of the land and also that the applicant may be required to undergo a medical examination.

Steps to follow to apply for Canada Spouse Visitor Visa:

Before one applies for Canada spouse visitor visa, it is mandatory that one reads the complete information regarding visa/permit requirements by getting in touch with RCIC – Regulated Canadian Immigration Consultant in order to be sure that one is eligible to apply.

Required fees for Canada Spouse Visitor Visa:

Presently the visa fees for Single Entry to Canada is CAD 100 which is approximately INR 5,500.04.  The same is applicable for visa fees for multiple entry also as well as for extension of

Canada Spouse Visitor visa.   Here one thing is needed to be noted that one’s application fee will not be refunded if one’s visa application is refused as well as the conversion into Indian currency is based on current conversion rates which are bound to change.

Further one needs to remember the following dos and don’ts while applying for Canada Spouse visitor visa.

Dos:

• It is mandatory that one applies for a spouse visitor visa to Canada at least few weeks prior to the planned travel date in order to allow time for visa application procedure to be completed on time.
• It is necessary that one fills the visa application form with the utmost care giving all accurate details.
•  Also one must bring along all necessary forms and supporting documents necessary to submit one’s visa application form.

Don’ts:

•          It is necessary that one should not present false documents for one’s visa.
•       One should not hide or misrepresent facts in one’s visa application.

Thus it is necessary that utmost care be taken while applying for Canada spouse visitor visa since there is no formal appeal processed if one’s application for Canada spouse visitor visa is refused.  

Sponsoring Spouse into Canada

Spouse sponsored into Canada will be granted a conditional landing in Canada for two years. Provided the couple remains living together in a conjugal relationship as spouses for two years after the initial grant of permanent residency, the conditional landing becomes permanent. In assessing whether or not the newly arrived spouse is living in a conjugal relationship for the two years, immigration officers may conduct spot checks of the living arrangements of the couple. In these spots checks, called "random assessments" in the new regulations, they will consider a number of factors, including their sexual behavior, sleeping arrangements, dinner habits, financial circumstances and attitude towards children.

These considerations and other very personal queries are aimed at determining whether or not a "conjugal partner" exits and whether it exists under the same roof. The onus to demonstrate compliance with these intrusive issues is on the non-citizen spouse. This means that the person under review may have to provide information on his or her sex life, and other issues, to satisfy an immigration officer that the sponsor and spouse are genuinely living together as a couple.

If an immigration officer decides she is not satisfied that the conditions are met, she would then render a determination that the non-citizen is not a permanent resident, and presumably write them not being in compliance with the law and issue an exclusion order, compelling them to leave Canada without being able to return for a period of year.

As a safety measure against forcing persons in abusive relationships from remaining in unhealthy situations, the two year rule is subject to exceptions for those who are being subjected to physical, sexual, psychological or financial abuse and/or neglect. Neglect is defined in the regulations as the failure to provide the necessaries of life, such as food, clothing, medical care or shelter, and any other omission that result in a risk of serious harm. This is an important protection to ensure that a person is not trapped inside a potentially dangerous situation, believing them unable to escape without losing permanent residency in Canada. A similar policy of protection has been recognized in Canada' humanitarian and compassionate grounds program and guidelines.

However, the law is flawed in a number of ways. Primarily, there is no recognition or exception made for persons who find themselves in relationships which though not abusive, are intolerable for any number of personal reasons including non-compatibility and/ or infidelity. Under the conditional permanent residency, a spouse who has discovered their partner's infidelity or who simply cannot get along with their partner is compelled to remain in the relationship for 2 full years, without any means of extraction, without losing permanent residency. This would even include a spouse who has conceived a child in the two year period and who has clearly entered into the relationship in good faith, believing when he or she applied for permanent residency in Canada that they were entering into a conjugal relationship of permanence.

The new enactment allows no discretion for an officer to factor in basic human frailties or errors in judgment into an assessment of who does and does not deserve to retain permanent residency. For a non-citizen spouse in Canada on condition who has a child within the two years, but who then is left by their sponsoring partner for compatibility issues, this means being forced to leave Canada and possibly taking their child with them. In addition to the loss of support from the sponsoring spouse, the separation of the child from one of his or her parents would also result. Depending on the distance of the spouse's home country from Canada, this conceivably has very serious consequences on the development of that child.

The new law is simply too harsh, not flexible enough and too intrusive. It will create animosity amongst those new immigrant spouses subjected to embarrassing and intrusive questioning and may compel others, who genuinely and in good faith came to Canada as a spouse, to leave without having engaged in any wrongful behavior. The law has potential for being cruel and intolerant. It must be repealed to allow for more flexibility.

How to Legally Move to Canada?

Among the developed nations, Canada attracts maximum visitors across the world. Canada has one of the largest spread of land area and abundant natural resources. Canada is technologically advanced and has a huge service industry blooming with great employment prospects.

Canada is one of the most favored places for immigration as it offers equal opportunity for all, best remuneration, good quality of life, best healthcare facilities, multicultural society and ample employment opportunities.

There are basically two types of visa issued by Citizenship and Immigration department of Canada:

• Temporary visa covers visas for visiting, student, work, care taker and spouse.
• Permanent visa covers visas for investor and business immigrants, skilled professionals and family class.

Both these categories have their own qualification criteria and selection procedures. Some of the basic requirements are clean police record, experience, education, age and language. There are additional specific requirement also which depends on the category applied for and the program.

Temporary Visa

Canada Visitor visa is for duration of six months; it can be extended subject to approval by Citizenship and Immigration department of Canada. Every year 30 million people visit Canada in the form of tourist, students, temporary workers to avail all the opportunities offered by the country. Every year 95000 students from all over the world come to Canada to study. The best part of the student visa is that you are allowed to work in campus. Temporary work permit is issued only when you have a job in hand, the employer has to take approval from Human Resources and Skill development, Canada.

Permanent Visa

Under business immigration program Citizenship and Immigration department of Canada is inviting entrepreneurs, self-employed and investors across the globe to invest and live in Canada. Under the qualification criteria business immigrants should invest CAD $800000 Approx. and should meet some experience and possess certain net worth.

Family visa program aims at uniting the entire family together. Under this program a permanent resident can sponsor his family to live and settle in the country. There are certain clauses under which only family member and not all relatives can be invited.

Federal skilled worker program, Canada is attracting skilled labor across the world in various fields by giving good remuneration, food quality life, free education etc. Citizenship and Immigration department of Canada has published a list of 32 occupations for which they are inviting applications from professionals across the globe. Family visa is for a period of five years under which the immigrant has an option to apply for citizenship and can settle with family after 3 years.

Canada Permanent Residency Visa

Canada is a country in the northern part of North America with natural captivate as it keeps vast opportunities for immigration. The constant economic framework, great education, great quality of life and profitable job options are the things that draw to the nation if you have Permanent Residency Visa. The nation also is known as a tourist spot due to its regional variety and natural sites. 

The Canadian school has the same position as the United States. Canada has the modern lifestyle and about one- fifth of the resident of the country are from outside Canada. The permanent citizens have right to stay, job opportunity and engage in further research in the country. 

Some benefits that the nation offers is quick access to medical care, free education for the child, social security support and an ability to file the case for citizenship of the nation. The guidelines for migrants who want to apply for Canada PR Visa are not that hard. 

A permanent resident is someone who has been given permanent resident status by immigrating to Canada but is not a Canadian citizen. Permanent residents are citizens of other countries. The nation represents double nationality and you need to maintain it. There are two rules for migrants –provisional access and PR in Canada. 

Under provisional access, people can make an application for tourism, education and work. You may make an application for addition in visa when you are in the country. Many immigration visas enable you to get Permanent Residency in Canada. For applying for migrants to the country, the applicant should demand for accepted immigration form.  

Permanent Residency of Canada is one of the prized possessions for certified people across the world. The Canadian government needs qualified and highly certified migrants to improve efficiency of the economic system and they offer Canada PR Visa mainly for this purpose.

How to Get Permanent Resident Status at Canada

Did you know of the opportunities that are open to new residents of Canada? If you immigrate to Canada and become a permanent resident Canada, you get most of the same privileges that citizens have! Because of this, many people are considering immigrating.

One big benefit that is conferred is the right to live and work anywhere in the country. You also get free health care for yourself and your family who live there, and free public school education for your children.

Immigrants can come and go; you can always go visit your home country if you need to do so. You can also bring your family when you immigrate, including your children.

There are safety nets in the Canadian social system for people who are unemployed or in financial crisis. You also receive extra benefits if you have children. Plus, once you have permanent resident status, you can sponsor your family. This means you can make it possible for your parents and siblings to immigrate as well.

The crime rate in Canada is quite low. You also have a high quality of life and standard of living. Because of this, many people want to come. You can even visit the US & UK without a visitor visa.

Once you arrive in Canada, the clock starts ticking. Three years after you arrive, you can apply for full citizenship and your Canadian passport. Once this is granted, you can then open and expand a business into the United States through NAFTA or the North American Free Trade Agreement. You can also get help from the Government of Canada's investor program.

Canada has a wealth of temporary job opportunities for new residents, compared to India and Europe. New residents are given the same status, freedom and rights as citizens. This is very unusual.

Many people want to immigrate to Canada for both economic and lifestyle reasons. Canadian citizenship is a wonderful thing, respected worldwide, and it is open to you if you just relocate to Canada.