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I am a U.S. and Canadian Immigration attorney and have helped over 10,000 clients with various legal problems. If a person has been adopted by a person or persons in Canada, they cannot sponsor their biological parents. You may opt-out by. link That can be done through programs like Express Entry or a provincial nominee program and then filing the spousal case. The application is commenced by the Canadian spouse who sponsors the foreign spouse to remain. The individuals you are eligible to sponsor are your spouse, common law partner, conjugal partner, grandparents, parents, and dependent children. As with sponsorship of a spouse who is outside of Canada, this applies equally to common-law and same-sex relationships. For that reason you can no longer sponsor your finacee. Starting October 13, IRCC will open an application process that will allow up to 10,000 selected candidates to sponsor their parents and grandparents for immigration to Canada. There are different options available for couples in different situations. This happens in circumstances where neither party is eligible or wants to move to the other party's home country. I am a former UN Correspondent, a published author, a professional speaker and work for Pace Law Firm in Toronto. since the canada asks for eligibility to provide food, home and shelter for your partner? I am a Canadian citizen living in the US (not a permanent resident of the US) I married my husband March 2009 and we ended up having a child here and I was unable to go back to Canada because I was pregnant and my contract job had ended. Unfortunately, a friend does not fall under the “family class” category. Canadian immigration law in the area of spousal sponsorship is different than the America process, because it has been extended to include common-law partners (proof of having lived together in an intimate relationship for at least a year) and same sex couples. All the papers are finally approved at a final interview inside the country at one of the immigration offices. Thanks in advance for your answer Page 1 Sometimes naively, such Canadians who perhaps met the foreign party on line, try to invite the immigrant to come to Canada as their guest. In addition, disabled persons can be accommodated, but again this requires special attention. Settlement.Org Content and Information/Referral Specialist, CIRS. In some cases, it may be that the only way a couple can live together is if they both decide to move to Canada. Often the Canadian sponsor would like the foreign would-be immigrant spouse to come to Canada as a visitor first. Hello, I am a student holding permanent residency in canada. Entering Canada under the pretext of being a visitor and then marrying a fiancée and applying for a permanent resident card can be risky and can result in an allegation of fraud. Usually at the same time an application for a work permit is filed. Hi there: I am here in Canada on visitor visa and waiting for my immigration to come thro under spousal category. The validity of the marriage is a primary concern for Canada because it doesn't want its rules, which have been created to help reconnect families, exploited as a means of skirting immigration. Once the sponsor is approved, the file goes overseas to process the foreign spouse. The Canadian equivalent of the green card is a Maple Leaf card and permanent residence, which allows one to live and work anywhere in Canada, and to ultimately qualify for Canadian citizenship after three years on the basis of physical presence in Canada within the last four years. Whether it is because of such instances, or simply because a Canadian sponsor wants to bring in a foreign spouse, familiarity with Canadian law is needed. Joining your spouse in Canada i.e. I was wondering, if in the meanwhile my husband can also apply for sponsoring his in laws (my parents) from India? In some cases an American may need to first become a permanent resident before becoming eligible to sponsor a spouse from overseas to join him or her in Canada. The sponsorship itself takes about a year. Such an application, while not impossible, merits careful consideration for success. This sponsorship can be done by a Canadian citizen or a permanent resident. While this application process is taking place, your spouse has to take care to maintain legal status in order to continue remaining in Canada. There are also provisions addressing other close household members and related parties, but this area requires special attention in the immigration process. Dependent children include those under 22 years of age, and possibly over, depending on their particular circumstances related to going to school and being supported by their parent. Consular Processing. Therefore, a person can sponsor their adoptive parent. Opinions expressed by Forbes Contributors are their own. Internal Processing. I want to sponsor my husband but i dont work here in canada and my husband does in saudi arabia. The foreign spouse cannot be ruled inadmissible and will need to pass medical and criminal exams before being permitted to enter Canada. Spousal sponsorship includes dependent children. If I am adopted, can I sponsor my biological parents? I am a U.S. and Canadian Immigration attorney and have helped over 10,000 clients with various legal problems. Can I sponsor my step-parents? If you are a Canadian citizen or landed immigrant you are eligible to sponsor relatives under the family class. Obviously the longer the better but a working rule would be to wait at least 90 days before a marriage if the rules in the U.S. can be taken as a guide in such matters. That work permit application takes about six months to be approved. That spouse must go through a medical and police clearance as well as a security check before he or she can be approved for entry into Canada. This application, which also applies to common law and same-sex relationships, requires a sponsor who files a sponsorship application, an application for permanent residence by the would-be immigrant and some regional-specific work. This is the case whether the application takes place from within or outside of Canada. As harsh as this may seem, it is often the only choice the Canadians have. However, depending on specific circumstances and regions, it may be shorter or as long as 36 months. In recognition of the growing global community, Canadian immigration laws attempt to aid in reconnecting couples and families who reside in different places. That way the couple can come to know each other first before they commit to a long term permanent marriage. Re: Can a UK family member Sponsor my wife? © 2020 Forbes Media LLC. Remaining with your spouse in Canada i.e. I hope this information is helpful. All Rights Reserved, This is a BETA experience. If you have been living together in Canada, perhaps because the foreign spouse is working in Canada or even visiting, you can sponsor your spouse from within Canada. However, factors of security and public policy permeate the system and delay processing of cases. Invariably such invitations end up in failure as Canadian overseas officials detect that the immigrant is likely to stay in Canada no matter what happens and will not leave at the end of the period of authorized stay. How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? Canadian partners are left with the one option of traveling overseas to marry and then returning home to sponsor the spouse. A spouse can be sponsored to enter Canada for permanent residence through a Canadian Consulate overseas. EY & Citi On The Importance Of Resilience And Innovation, Impact 50: Investors Seeking Profit — And Pushing For Change. Please let us know if you have further questions and if there is any follow up to your question/situation. However, real spousal sponsorship is treated as a priority. The average processing time of a spousal sponsorship is approximately 12 months. Legal experience in this area will greatly benefit those who desire a smooth resolution of their immigration challenges. Can you tell me other income i can show other than employment income to sponsor my husband? Marriage for the sake of immigration is the key objection here. The inter connection of our world has led to greater movement of people across national borders. The Canadian sponsor is not required to show a certain level of income, but cannot be on social assistance and has to be able to provide the basics for the spouse when he or she enters Canada. Subject: can my brother or parents sponsor my spouse? Or should I wait for my immigration to come through before applying for my parents. Sometimes an American spouse may not be able to sponsor a Canadian one, for example due to a criminal conviction or the fact that the Canadian has a job that is much better than what can be found in the U.S. For such a couple to live together, they decide to move to Canada. Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees. The designation of fiancée has been removed from the rules pertaining to Canadian immigration. That way the couple can come to …

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