It can be challenging to spend months or years away from your spouse or partner, but a separation due to immigration rules is a whole other level of difficulty. Gaining immigration approval for a loved one is a complex process, and each situation requires a unique solution to ensure quick processing and approval. If you are trying to join your partner, here are some things you should know about spousal sponsorship applications in Canada.
IRCC Might Refuse Your Visitor’s Visa
If a foreign national applies for a visitor’s visa, the officer must assess if they have strong ties to their country of residence. If not, they might reject the application. When a foreign national has a Canadian partner and applies for a visa, it demonstrates strong ties to Canada. It makes the officer question if the foreign national intends to stay permanently. If the application has documented reasons for why they must return to their country of residence, the officer will be likely to approve it. The chances of this happening are slim, though, when a Canadian spouse or partner is in the picture.
You Must Prove Your Common-Law Status
For the IRCC, a common-law relationship consists of partners engaged in an exclusive, cohabiting, conjugal relationship for at least 12 consecutive months. The partners must also have combined their affairs similar to the way married couples do.
There are various ways to prove a common-law relationship, like photos demonstrating your public relationship, shared lease agreements or purchases of property, and identity documents with the same address. Each couple will have a different life situation, so the documents they could present to prove their relationship would differ.
In Canadian immigration, the conjugal partnership category is for legitimate relationships between partners unable to cohabit or marry legally. An example would be a same-sex couple where one of the partners resides in a country that prohibits same-sex relationships.
You Can Pursue A Divorce In Your Jurisdiction
Suppose you are married in your home country and cannot get a divorce there. There are workarounds to this situation, and you can consult a Canada spouse immigration expert to learn more. If you can live together with your Canadian spouse, you can apply as common-law partners as long as you have reached the required timeframe. This rule applies even if you have not gotten a divorce.
You Have To Know How To Manage Your Online Applications
Some people find it challenging to link their online applications. Keep in mind that when linking applications, the total you write should have the principal applicant, the sponsor, and dependent children on the IMM0008. If the applications still don’t link, you can use the Case Specific Enquiry webform for submitting requested updates.
Spending time away from your loved ones can be trying, and people who have the chance to apply for a spousal sponsorship visa should take advantage of it. However, the application process can be involved and complicated. Applicants and sponsors must know how to work through it or seek help from a Canadian spouse immigration expert.
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