SPOUSE/COMMON LAW PARTNER

At Pahl & Associates we regularly represent Canadian citizens, who are Spouse & Partners of UK citizens or person settled in the UK, who now intend to return to Canada on a permanent basis  with their spouse/partner and dependant children.

FAQ

Q.  I am a Canadian national living in the UK. Can I sponsor my spouse/partner from the UK or will I have to sponsor from Canada?

A.  It is possible to complete the whole process whilst both you as the Sponsor and your spouse partner as the Applicant  are in the UK.

Q. What if the Sponsor does not have the requisite financial ability?

A  The financial ability requirements do not apply if the sponsored person is a spouse, common-law partner or conjugal partner or a dependent child of the Sponsor.

Q  Will there be any need for an interview prior to issue of a visa?

A  In certain cases, Citizenship and Immigration Canada may want to conduct an interview when they have concerns as to the genuineness of the  relationship claimed. However in our experience a well prepared visa application reduces the need for an interview.

Q  How long does the whole immigration process take to complete?

A  Spousal, Common-law or Conjugal Sponsorship Applications and the Sponsorship of dependent children are a priority at all Canadian Immigration Visa Offices and such applications are processed ahead of all other applications for permanent residence in Canada.

In our experience a well prepared spouse/partner applications considered by the Canadian High Commission in London is usually processed within  4 to 6 months.

FAMILY CLASS APPLICATIONS CRITERIA

Citizenship and Immigration Canada (CIC) knows it is important to help families who come from other countries to reunite in Canada. If you are a Canadian citizen or a permanent resident of Canada, you can sponsor your spouse, common-law partner, conjugal partner, dependent child (including adopted child) or other eligible relative to become a permanent resident.

The Family Class applicant must be the sponsor's:

• their spousetheir common-law/same-sex partnertheir conjugal partner
• their dependent children under age twenty-two (22)
• their dependent children age twenty-two (22) and over (if they are full-time (15 hours per week or more) students, mentally or physically disabled and dependent on their parents)children adopted or to be adopted by them, or under their guardianshipparentsgrandparents
• Dependent children of a sponsored immigrant may be included in that person's application.

Please Note: Adult siblings CANNOT be sponsored. 

For the first time, common-law partners may now be sponsored. The term "common-law partner" refers to a person, who is cohabiting in a conjugal relationship with another person, having so cohabited for a period of at least one (1) year and also encompasses same-sex relationships. 

Applicants and their family members are subject to medical, criminal and background checks. 



Undertakings for Support  Sponsors are responsible for providing for permanent residents after arrival in Canada, and for ensuring that they do not become dependent on the Canadian social assistance However, permanent residents must make every reasonable effort to provide for their own essential needs and those of their family members.

Parent and Grandparent Super Visa:

NOTE: Parents and grandparents of Canadian citizens and permanent residents have a new option for visiting Canada. As of December 1, 2011, you may be eligible to apply for the Parent and Grandparent Super Visa and enjoy visits to Canada of up to two years without the need to renew your status.

As of November 5, 2011, no new applications to sponsor parents or grandparents will be accepted for processing for up to 24 months. This temporary pause will allow us to focus on those applicants already awaiting a decision and reduce the backlog in the parents and grandparents category. This does not affect sponsorship applications for spouses, partners, dependent or adopted children and other eligible relatives. New applications received on or after November 5, 2011, will be returned to the applicant, including fees.