It might be challenging to join a spouse in a new country, with the many requirements and rules that immigration offices have for applicants. In Part 1 of our series on Canadian spousal sponsorship immigration, we discussed the first things people need to know about this process. In this article, we look at other situations people might find themselves in regarding spousal sponsorship.
You Must Signify Your Intention To Stay In Canada
If you are a Canadian citizen residing overseas, you can apply for spousal sponsorship for your partner. However, you need to indicate that you intend to return to Canada after your spouse gets a finalized permanent resident visa. If your intentions change before your spouse becomes a permanent resident, you have to notify IRCC. Your application will likely be refused, and you have to apply again once you intend to reside in the country. If you fail to notify CIC of the change in circumstances, they might hand down a five-year ban on you for misrepresentation.
You Have To Consult A Lawyer If Your Relationship Ends
If your relationship breaks down before CIC grants permanent resident status, you must notify CIC right away. Expect them to refuse the application; now is the time to explore your options and consult a Canada spouse immigration expert.
Note, though, that romantic break-ups and reconciliations are not clear-cut and might be part of long-term relationships. If you and your partner have this pattern, you should wait about two to four weeks after the break-up before informing IRCC.
Also, if immigration calls you for a landing appointment during a period of separation, ask for a reschedule and figure out where you stand with your partner. It is not wise to land as a permanent resident if you are unsure of your relationship status.
Sponsors Cannot Decide Immigration Status
If you are a sponsor and have recently separated from a foreign national, you have to note some issues. First, you need to contact CIC and ask them to withdraw the spousal sponsorship. If a foreign national becomes a permanent resident, a sponsor cannot decide if they can stay in the country or not. The spouse or partner can live in Canada provided they meet the conditions for staying as a permanent resident.
However, sponsors who feel like they had been duped into a relationship can report their situation to the Canada Border Services Agency, the body in charge of investigations. The agency’s number is 1.888.502.9060.
Do Not Marry For Convenience
It is illegal to marry a foreign national to get a permanent resident visa, even if the Canadian resident agrees to the arrangement. Participating in schemes like these could result in criminal charges. Consider the criminal record, lawyer bills, and media coverage that such a stunt would get. The risks are too high for a scheme like this to work.
Spousal sponsorship visas are one of the most convenient ways to become a permanent resident in Canada. However, it can be more challenging than you anticipate. Besides proving your relationship, you must show that you intend to stay in Canada under one roof. Hire an immigration lawyer, so you know what documents to prepare or steps to take to ensure a successful application.
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