Spousal Sponsorship Developments & Strategies – Part 2

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Spousal Sponsorship Developments & Strategies – Part 2

As promised, here’s the second part of the article to tackle spousal sponsorship in Canada during this time of the pandemic.

In the previous article, we’ve mentioned the difference between an immediate family and an extended family. In this article, we will continue to give further information about them.

An authorization is not needed for immediate family to travel to Canada and access the port of entry. But, they should bring or present the following to a visa officer if they plan to apply for a temporary resident visa:

  • A document that will prove their relationship to a Canadian or permanent resident
  • Proof of the Canadian citizenship or permanent residency of their spouse/partner 
  • Proof that they are visiting their partner for more than 15 days; an example is the return airline ticket with the date of 15 days or more from the date of arrival.

The proof of relationship to a Canadian or permanent resident can be a marriage certificate or anything that will prove cohabitation for at least one year. The document that will serve as proof of cohabitation must be linking both parties to the same address, more than one year before they arrive in Canada. These documents may include property deeds, joint leases, bank statements, government-issued correspondence, and utility bills. The purpose of checking these documents is to prove a commonly shared household to establish the fact of cohabitation.

Extended family members should present an authorization before travelling to Canada. They can obtain authorization by sending an email to the address that can be found on the IRCC’s website. The request for authorization is not applicable for travel of more than six months from when the request is made.

The authorization request should be accompanied by the following:

  • A sworn declaration from IRCC’s site to prove the dating relationship
  • A documentary evidence that the couple’s relationship has been ongoing for more than one year. It can include an email or letter, financial transfers, social media posts, photos, and testimonials from their family and friends. These pieces of evidence must be dated a year before

Although documentation of the relationship is not required during the process of requesting authorization for extended family members, it is still best practice to prepare evidence to prevent possible delays and concerns.

The approval of the authorization should be responded to in an email format within the 14 days of the request. The extended family member must bring the authorization email to the port of entry. A sworn declaration that will attest to the relationship evidence should be brought as well to prove that the extended family member will be staying in Canada for 15 days or more.

3. Know the Port of Entry to Use

It is highly essential to get familiar with the port of entry to be used when entering Canada. Some travel restrictions may result in some arbitrary decisions and inconsistencies by the airlines or some ports of entry. When in doubt, consult with a trusted firm.

4. Challenging a Refusal

If an individual from the U.S. trying to enter Canada is found not qualified under the travel restrictions, they will be given a “Direction to Return to the U.S.” This is pursuant to R.41(d) of the Regulations. R.41(d), which refers to the new subsection allowing the issuance of a direction back to the U.S. in an instance of non-compliance with the Emergencies Act or the Quarantine Act. 

A “Direction to Return to the U.S.” also prohibits a person from coming back to seek entry until the lifting of the restrictions under the Quarantine Act. 

Upon the Direction’s issuance, therefore, the person subjected to the Direction risks being determined inadmissible and submitted an exclusion order if they try entering before the lifting of the Quarantine Act restrictions.

Exclusion orders prevent entry for one year. An excellent strategy is to advise clients to have their applications withdrawn to enter even without a Direction’s issuance since this preserves their right to seek another attempt of entry. 

Since these Directions are issued according to R. 41(d), they can be contested through a judicial review application submitted to the Federal Court.

Conclusion

Due to some matters related to this pandemic, immediate family and extended family may experience some complex processes when it comes to entry ports. It would be beneficial to know the documents needed to prove their relationship with their spouses/partners.

Keep posted for the third part of this article.

If you’re looking for professional help from a trusted immigration firm, please contact us at info@brightimmigration.com or call 1-888-404-8472.

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Our professionals make the difference. Our representatives are recognized by the Immigration Consultants of Canada Regulatory Council and Law Society of Upper Canada. We are guided by our commitment to professionalism, ethics, and belief in providing our client with access to quality legal care and immigration help. You can rest assured that you are well represented and protected when you choose Bright.

Expert help, expert care

Our professionals make the difference. Our representatives are recognized by the Immigration Consultants of Canada Regulatory Council and Law Society of Upper Canada. We are guided by our commitment to professionalism, ethics, and belief in providing our client with access to quality legal care and immigration help. You can rest assured that you are well represented and protected when you choose Bright.
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