There are times, when an American spouse, is not in a position to sponsor a Canadian spouse, owing to a criminal record, or because of the fact that, the Canadian partner works in a job, better than one to be found in the U.S. and the couple decides to live together, and move to Canada. In a few cases, it is the only way for them live together if they both decide to migrate to Canada. This happens in the conditions, where both are ineligible and wish to move to the home country, of the other party. In such a scenario acquaintance with the Canadian law is required.
Immigration law in Canada, regarding sponsorship of spouse, is different than the one found in America. It also includes common-law partners, with a proof of living together, in a close relationship for a year, and also for the same-sex couples. The Canadian Maple Leaf card permits a person to live/work in Canada, anywhere, and also to eventually qualify, for acquiring the citizenship of Canada, after a period of three years, by being physically present, in the country, during the last four years. On an average, the processing time of sponsoring a spouse is 12 months. A Canadian citizen, or a PR, can sponsor it. Sometimes, an American needs to become a permanent resident first, before being eligible to sponsor, an overseas spouse, to join in Canada, through Express Entry, or PNP programs, and accordingly, file the spousal case.
A spouse can be sponsored for permanent residence, through a Canadian Consulate overseas. This application is applicable to common-law partners, and same-sex relationships, and needs a sponsor, who can file an application, for sponsorship, a PR application by the future immigrant, and also do region-specific work. When the sponsorship is approved, the file reaches overseas, for processing the overseas spouse, who must take a medical test, and get police clearance, and also pass a security check, prior to the approval for entering into Canada.
When a couple is living together in Canada, because the foreign spouse is working/ visiting in Canada, one can sponsor the spouse from inside Canada. When such an application process is happening, the spouse has to maintain the legal status, for continuing to remain in Canada.
The application for a work permit is also filed, which takes around six months for approval. The sponsorship takes around a year. The required papers are approved, in an interview, inside the country, at an Immigration Office.
Fiancées have been removed from the set of rules, regarding Canadian immigration. Now they cannot be sponsored. Arriving in Canada as a visitor, and marrying a fiancée, and submitting an application to gain a PR card, is risky, leading to fraud. Waiting for a minimum of 90 days, prior to a marriage, is advisable. An application on these grounds is possible.
The Canadian sponsor can invite a future immigrant spouse, to reach Canada as a visitor first. Through this, they can know each other, before making any commitment, to a permanent marriage. Canadian officials, detect cases of false immigrants, who are likely to stay in Canada, and think that they will not leave, when the period of authorized stay, ends.
Are children included?
All cases of sponsoring Spouse include dependent children. This is applicable, in the cases, when the application is placed, from inside or outside Canada. Dependent children are categorized, as those who are below 22 years of age. There are provisions regarding other nearby family members, and relatives, but this needs a special attention, during immigration. Disabled persons can also be accommodated, but consulting an experienced lawyer/consultant is needed, in such cases.
The marriage has to be valid in Canada, and the country does not want its rules, to be exploited or skirted. Marriage for seeking immigration is objected.
Today the world is interconnected in a big way. In order to recognize the demands of the global community, Canadian laws make an attempt, to help and reconnect couples/families that live in different places. Security and public policy concerns fill the system and delay in processing the cases. Taking a legal opinion on this matter will benefit the persons, who wish to overcome their immigration challenges.