Monthly Archives: August 2016

All you Need to Know: Spousal Sponsorship in Canada

If you’re a Canadian citizen or a permanent resident, you can sponsor your spouse, conjugal partner or common law partner to live, study and work in Canada under the Spousal Sponsorship program. To be eligible under this program, you need to fulfill certain spouse sponsorship Canada requirements. Keep on reading to learn about these guidelines.

Eligibility criteria

You should be 18 years of age or more to be eligible to sponsor your spouse, partner or children. Additionally, you’ll have to prove that you can provide for food, lodging, and clothing for yourself and your family, and can support them financially to ensure they don’t have to ask for help from the government. Additionally, the sponsored person will receive a visa when both, they and the sponsor, obtain approval from Immigration, Refugees and Citizenship Canada (IRCC).

Citizens who don’t live in Canada will have to prove that they’ll start living in the country once the sponsored person becomes a permanent resident.

Definitions of spouse, common-law partner and conjugal partner  under the program

Spouse

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Married couples as recognized by the law of the land. If the union took place in Canada, the sponsor would need to produce a Certificate of Marriage from the province where the marriage took place. For marriages that took place outside Canada, the union must be eligible as required by the law of the country and the Canadian federal law. Same-sex partners who married in Canada can participate in the program; however, those who entered into a union outside of Canada will have to prove their relationship to file an application

 

Common-law Partner

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Partners who have been living together continuously for a year or more and are in a sexual relationship without getting married are eligible to participate in the program. Exception to a year rule of living together includes brief period of absences tending to business or family obligations

 

Conjugal partner

A sponsored person is identified as a conjugal partner if they have either of the following situations:

 

  • When immigration barriers or other legal restrictions related to divorce or same-sex marriage prevent the applicants from qualifying as common law partners/spouse

 

  • The sponsor and the sponsored have had a mutually dependent relationship for a year or more. Under this provision, both the applicants will have to prove their commitment towards each other including emotional ties and intimacy. They’ll also have to prove their financial closeness, which may include joint ownership of assets.

Conclusion

Knowing the spouse sponsorship Canada requirements helps you avoid hassles when sponsoring a spouse.  It is also imperative that you consult your immigration lawyer and work together to create a watertight case. Don’t be afraid to ask questions about any clauses or conditions that you don’t understand to ensure you comply with all the legal norms.

 

 

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A Handy Guide to Spouse Sponsorship in Canada Post Bankruptcy

Like most people, you may also believe that bankruptcy puts an end to all the happiness in your life. Well, this is not entirely true. Bankruptcy is, of course, a serious financial obstacle, and with the receding economy, a higher number of employees are getting pink slips. Some of these employees who may have spouses residing in foreign countries may be looking for their sponsorship to Canada. Though there are no specific income requirements to sponsor your spouse for residency in Canada, a few restrictions prevail when it comes to bankruptcy.

Dig in to learn more.

How to Sponsor Your Spouse When you are Bankrupt?

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The biggest adverse effect that an existing or past debt problem has on immigration is that you cannot sponsor your spouse to immigrate to Canada while being on an undischarged bankruptcy. You become eligible to make a sponsorship application only after you have received your discharge. If you are also among those who are in debt and look to sponsor your family, an immigration lawyer can be of great help to you. They are experts at presenting you with many options, therefore, allowing you to clear up your debts. Let us learn about the three choices you have if you are in debt but, want to sponsor your spouse to Canada.

File the Bankruptcy

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You may begin with your sponsorship application once you have quickly cleared up your debts. In other words, you can file your bankruptcy first and then, submit your sponsorship application post your bankruptcy discharge. The first-time bankrupt in Canada is eligible to receive a discharge from personal bankruptcy in only nine months. Your bankruptcy may, however, extend to 21 months, if you have to pay “surplus income”.

Sponsor Your Partner First

Family and Immigration Issues

You can choose to sponsor your partner first, and then file the bankruptcy, provided the sponsorship application process is over. Given that sponsorship application processing takes several months or years to complete, you may not be able to hold off your creditors for a long time.

File a Consumer Proposal

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Filing a consumer proposal has no effect on your sponsorship application. A consumer proposal helps to legally protect you from your creditors and make a negotiated settlement on your debts. It typically implies that you avoid declaring bankruptcy. A successfully accepted consumer proposal dissolves your bankruptcy filing, therefore, enabling you to submit your sponsorship application. You need to remember that a consumer proposal needs financial support.

Conclusion

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Now that you know how to get a bankruptcy discharge and also understand other requirements for Spouse sponsorship to Canada, you can avoid several issues that your spouse sponsorship application may face. Though bankruptcy proves to be a hurdle for many Canadian citizens, comprehending how to address the issue helps you gain approval for sponsorship of your spouse and family.

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