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  • Frequently Asked
    Questions

Frequently
Asked
Questions

  • I want to sponsor my common-law partner or conjugal partner or my spouse (wife or husband) to Canada. What can I do?

First you must decide on what application is best suitable for your situation.

There are three types of application, common-law partner, conjugal partner or spousal (married). For all three (3) types you must demonstrate that your relationship is genuine. In a common-law relationship you need to demonstrate that you and your partner have lived together for at least one (1) year before submitting your application. For a conjugal relationship, you must demonstrate that you have joint affairs and that there are bona fide immigration barriers or other barriers preventing you from living together or getting married. For example, your partner can obtain a visitor visa to visit Canada for 6 months and then apply for an extension to obtain one full year in Canada, even if the visiting partner cannot work, that is not considered an immigration barrier. An immigration barrier can sometimes exist if your partner tries to get a visitor visa to visit Canada and is repeatedly refused and you are under many conditions not able to also marry or live with your partner. However, other factors are to be considered than merely having your partner visa repeatedly refused and it is best to set up a consultation with us for more detailed discussion of your situation.

  • I would like to immigrate to Canada, but my spouse wishes to remain behind and will join me later. Is this possible?

Your spouse and your dependent children will have to undergo and pass a medical examination and a security clearance. Your spouse may then decide not to receive his or her immigrant visa. You would at a later time have to sponsor your spouse when he or she wants to immigrate to Canada. It is therefore more practical for your spouse to obtain their permanent resident visa as per the normal process. This course of action would eliminate delays and your spouse having to apply and go through the immigration sponsorship procedures once your spouse wishes to join you in Canada.

  • Can I sponsor my brother or sister (siblings) to come to Canada?
Generally, you cannot sponsor your brother or sister to Canada since they are not considered a member of the family class. Members of the family class are normally your spouses, common law partner, children, parents or grandparents. However, siblings can immigrate to Canada by applying on their own through Canada’s Federal or Provincial Nominee Programs or you can sponsor a sibling in certain situations.
  • I would like to invite my friend to visit me in Canada. What are the chances for success?
Although, inviting your friend to visit you in Canada can help your friend chances for success to obtain a visitor’s visa, there are other factors that must be considered. In a visitor visa application the condition of the applicant friend and the ties to his or her country is the most important factor that a visa officer examines. A visitor’s visa is considered a temporary visa and the overseas visa office will want to insure that the applicant friend will return to their country at the end of their visit to Canada. A person who wants to visit Canada that is not able to demonstrate ties to their country, such as close family relationship, a job, attending school, ownership of property, may likely be refused a visitor visa. Thus, it is important for applicant to provide strong evidence of his or her ties to their country of citizenship when applying for their visitor’s visa.
  • I am a permanent resident of Canada and I wish to leave Canada temporally. How long am I allowed to stay outside Canada?

Based on various degrees of exceptions, as a permanent resident you must be physically present in Canada for at least 2 years in the 5 years immediately preceding your return to Canada.

  • I sponsored my spouse to immigrate to Canada. However, their application was refused by the overseas visa office. The visa post did not believe that our marriage was genuine. What can I do?
Sometimes spousal sponsorship applications are refused because of lack of evidence supporting a marriage, or the spouse attending the immigration interview abroad did not provide adequate details to the interviewing officer to convince the officer that the marriage is genuine. Frequently, the cause for this is due to the uneasiness of the spouse who has never been at an immigration interview. Regularly, applicants do not understand how significant it is to prepare and bring to the interview documentation to prove that their marriage or common law relationship is genuine such as, wedding photos, telephone bills, etc. Moreover, in some cultures many marriages are arranged marriages and even though genuine and legitimate, both spouses may not know each other that well, simply because they have not yet had the opportunity to spend a great deal time with each other. As a sponsor the recourse you have is to appeal the decision of the visa officer, if the application was made outside of Canada.
  • I was giving a job offer from a company in Canada who wishes to hire me for a temporary period of employment. What can I do to obtain authorization to work in Canada?
Often an LMIA (Labour Market Impact Assessment) must first be approved by Employment and Social Development Canada. If an LMIA approval is obtained, it simply means that there are no other permanent resident or Canadians qualified to fill the position. Once you have obtained approval you can then proceed to obtain a work permit, which is another authorization document that allows you to work in Canada for the employer that provided you with the job offer.
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