Monthly Archives: September 2016

All you Need to Know: Spousal Sponsorship in Canada

Spouse Sponsorship 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

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

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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4 Reasons You Need a Divorce Attorney

Silver wedding rings and gavel

Divorce can have an impact on your physical, mental and financial well-being. When a couple decides to part ways there are number of factors that need to be settled. Whether divorce is an outcome of years of resentment, or a spur of the moment decision, its after-effects are devastating. Without the help of an experienced lawyer, the process can confusing and time-consuming. The blog discusses four reasons why you need to hire a divorce attorney.

1. Unfamiliarity with Law and Family court

In courts, litigants who represent self without the assistance of an attorney, are considered to be at par with the other lawyer, in terms of legal expertise. Judges don’t have spare time to see such litigants fumble for documents or legal arguments amidst the court’s proceedings. Family lawyers in Calgary or in any other parts of Canada are experts in legal representation, have adequate experience in handling divorce cases and prepare for court cases with expertise than self-represented litigants.

2. Need of Objective Advice

Divorce exacts an immense emotional toll from both spouses. There’s sadness, betrayal, depression, fear, rage, confusion, dejection and a plethora of other emotions in litigant’s mind, which cloud better judgment and negate objectivity from the thought process. As a third party, family lawyer remains level-headed and emancipates from all emotions, focussing towards the best resolution of the case. An attorney removes all aggressive or vindictive statements from their court presentation and negates any chances of you sabotaging your case.

3. Avoiding Delays

Legal proceedings can be time consuming without the help of a family lawyer. The procedure requires proper documents to file for divorce and adequate information. Self-appealing litigants face many problems with the paperwork or other issues, which results in a delay in the procedure. Hiring a competent attorney helps in avoiding improper paperwork and other problems, which might otherwise cause delays.

4. Paperwork

Filing a divorce requires filling out a number of forms and collecting relevant information, resulting in the accumulation of a mountain of paperwork on the part of the litigants. Judges rely heavily on the paperwork filed to pass judgment which makes it important to provide the complete paperwork. Providing inappropriate data elements or tone, or omitting necessary information by mistake, is perceived as contempt and damages your credibility. Divorce attorneys, on the other hand, know how to fill out the paperwork in a persuasive manner, presenting your side of the argument favorably, and cutting down on undue delays.

Last Few Words

Family lawyers have expertise in identifying the individual’s needs and work tirelessly to fulfill them, even with finite resources. Good divorce attorneys dissuade their clients from fighting over petty matters, and focus on setting priorities so that their client achieves the best outcome from this ordeal. Afterall, divorces often result in far more losses than winnings. What matters is, who comes out with lesser damage.

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