Thursday, 2 December 2010

An Overview of Canadian Spouse Visa

In Canada, immigration is allowable for the spouse, common-law or conjugal partner of a permanent Canadian resident be means of a system of sponsorship. In this agreement, a Canadian citizen or an individual with Canadian permanent resident status presently living and working in Canada may be in agreement to sponsor the candidate for a period of between three and ten years until they set up themselves in the country.

Benefits of Canadian Spouse Visa:
Moving to Canada beneath this kind of sponsorship allows a claimant to look for and undertake employment in the country with no constraint.

Contrasting temporary Canadian visas for temporary entry clearance for instance the Canadian visit visa or Canadian student visa which are issued for a severely limited duration, Canada visa applications for family immigration through this route offer a pathway to permanent residency.

Winning applicants will turn out to be permanent residents and after a minimum residency requirement of three years, perhaps able to submit an application for Canadian citizenship.

Eligibility of Canadian Spouse Visa:
The requirements of family immigration sponsorship differ in line with whether the claimant in question is the spouse, common-law partner or conjugal partner of the Canadian citizen or holder of Canadian permanent residence as sketch below:

1. Spouse
Where wedding took place in Canada, a wedding certificate issued by the region or territory will be required.

For marriages happening outside Canada, the marriage has to be valid under Canadian law and the law of the country in which it took place.

2. Sponsoring a same-gender partner as a spouse:
Sponsoring a same gender partner under the spouse immigration rules is allowable if your marriage certificate was issued on or after the following dates in these provinces.

•Ontario (June 10, 2003)
•Saskatchewan (November 5, 2004)
•Yukon (July 14, 2004)
•British Columbia (July 8, 2003)
•Quebec (March 19, 2004)
•Manitoba (September 16, 2004)
•Newfoundland (December 21, 2004)
•New Brunswick (July 4, 2005)
•Nova Scotia (September 24, 2004)
•All other provinces/territories (July 20, 2005).

If your matrimonial ceremony took place outside Canada, applications are accepted providing that the marriage is legally accepted in both Canada and the country in which it took place.

3. Common-law partner:
If you desire to sponsor your common-law partner of the similar or opposite sex to immigrate to Canada you will require to show that you have been living together constantly for a period of at least a year.

4. Conjugal partner:
The conjugal partner Canadian immigration way is intended to be used only in outstanding circumstances where parties are not capable to qualify for spouse or common-law partner immigration through circumstances beyond their control.

This route for immigration to Canada is valid for same sex or opposite sex partners, however, it must be demonstrated that the relationship is one of mutual dependence, and commitment.
Conjugal partner applications may be made in the following circumstances.
•The association has existed for at least a year.
•Marrying or living together has been prevented because of an immigration barrier.
•Marrying or living together has been prevented because of marital status, for instance, you are living in a country where separation is not permitted.
•Marrying or living mutually has been prevented for the reason that you are in a same sex relationship in a country where same gender marriage is not allowable.
•Proof can be provided that an impending factor has influenced the connection, for instance, long-term visits in each other's home country have been refused.

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