SPOUSAL SPONSORSHIP
Introduction to Spousal Sponsorship
Spousal sponsorship in Canada refers to the process by which a Canadian citizen or a permanent resident can sponsor their spouse, common-law partner, or conjugal partner for Canadian permanent residence. The objective is to facilitate the reunification of families by allowing individuals to bring their loved ones to Canada. Here are key points about spousal sponsorship in Canada.
What are the requirements for obtaining a spousal open work permit?
To be considered eligible for an open work permit, individuals must fulfill the following criteria:
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- Act as the principal applicant who has submitted a permanent residence application under the Spouse or Common-Law Partner in Canada Class. Alternatively, be a spouse, common-law partner, or conjugal partner under the family class whose application has been accepted for processing by IRCC after passing a completeness check and has not faced refusal or withdrawal.
- Submit a work permit application specifying a maximum duration of two years.
- Be the subject of a sponsorship application initiated by their Canadian citizen or permanent resident spouse, common-law partner, or conjugal partner.
- Share the same residential address as their sponsor in Canada at the time of application.
- Possess a valid temporary resident status in Canada or be eligible for and have applied for the restoration of their status.
- Both the applicant and the sponsor must meet all eligibility requirements under spousal or common-law partner sponsorship.
Ensuring compliance with these criteria is crucial for a successful application for a spousal open work permit. It is imperative for applicants and sponsors to thoroughly understand and adhere to the stipulated eligibility requirements for spousal or common-law partner sponsorship.
Some of the reasons for Spouse Visa Refusal?
The primary reason for numerous spousal application refusals lies with the Immigration, Refugees, and Citizenship Canada (IRCC). The IRCC provides forms and process instructions online, creating an illusion that the application process is straightforward and manageable independently. However, individuals often realize the complexities only after initiating the process on their own, resulting in returned or refused applications.
If an application is returned due to the use of outdated forms or incompleteness, the delay can extend up to 2 to 3 months. In cases of refusal, permanent residence (PR) status won’t be granted for a minimum of 2 years. For Outland applications, where spouses come from non-visa-exempt countries requiring a Temporary Resident Visa (TRV), travel to Canada becomes restricted for at least 2 years post-refusal, unless a valid TRV visa is already in place. Moreover, after a spousal application refusal, the IRCC will not approve a TRV visa.
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Consider seeking legal assistance during the application process to benefit from several advantages. When choosing a law firm, individuals must weigh three critical considerations:
1.Unfavorable Outcomes:
- Application returns
- In-person interviews
- Receipt of a fairness letter
- Issuance of a refusal letter
2.Proving Genuineness of Relationship:
The IRCC evaluates several criteria to determine the authenticity of relationships, including:
- Compatibility of the couple
- Co-habitation details
- Length of the relationship
- Differences in religion
- Age disparity
- Educational differences
- Cultural disparities
3.Other Potential Issues:
- Application not linked to the online account
- Non-issuance of an Open Work Permit
- Problems with Police Clearance Certificate (PCC)
- Issues with divorce records
- Challenges related to children from previous marriages
Choosing legal representation can significantly enhance the chances of a successful spousal sponsorship application. For personalized assistance, it is recommended to seek a free consultation with our experienced team. Enter your details below and let us guide you through the process.