Getting A Spouse Visa In Canada part 1 – that will be the topic of today’s article.
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Marriage is a legally binding social or religious ceremony that unites two people as husband and wife. The marriage of the couple results in certain legal rights, privileges, obligations, and responsibilities to each other. A spouse visa is issued by the concerned authorities of the respective country.
It allows married partners with citizen status to live together in that country. The spouse visa is normally given to reduce cases of illegal immigration and to protect the citizens from exploitation by those entering into marriage only as an act of convenience.
As Canada welcomes immigrants who help strengthen their society now and in the future, they provide a number of opportunities for those wanting to immigrate. The Spouse or Common-law Partner in Canada Class is for individuals who have been married or in a common-law relationship with a Canadian citizen, permanent resident, or registered Indian within the past two years.
If you are planning to come to Canada as the spouse or common-law partner of a Canadian citizen or permanent resident, then you should apply for the Spouse or Common-law Partner in Canada Class. As a spouse or common-law partner in this class, you may be eligible to apply for an open work permit which would allow you to accept any employment without the requirement of an LMIA.
Marriage must be legal under the laws of both countries and can only be refused on the grounds of misstatement, fraud, or where there is evidence that it is a marriage of convenience. We are keen to explain how to get a spouse visa in Canada. Not only is that, but we will walk you through the process and all.
How to Get a Spouse Visa in Canada
You want to bring your spouse to Canada, but you don’t know-how. You might have heard that the process takes a long time and is full of red tape. In some cases, it can even be impossible to get a spouse visa in Canada. However, if you follow the proper steps, bringing your loved one to Canada isn’t nearly as complicated or time-consuming. Here are the ways to get a spouse visa in Canada.
● Be Legally Married
The first step to getting a spouse visa in Canada is legally married. In order for your foreign national spouse to be allowed entry into the country, you must have been legally married. If you haven’t been legally married, you must first get a legal marriage certificate.
● Be Living Together
In most cases, your spouse cannot live outside of Canada while they wait for their permanent resident application. Partners living apart risk having their applications denied and will have to start the process all over again if they wish to be reunited in Canada.
● Get a Sponsorship Letter
In most cases, your spouse will have to get a sponsorship letter from you if they want to receive a spousal visa from the Canadian government. This letter confirms that you are willing and able to provide financial support for your spouse while living in Canada.
● Get a Medical Exam
In some cases, your spouse will have to get a medical exam before being issued a temporary resident visa in order for them to move to Canada temporarily. The Canadian government may require certain vaccinations and preventative treatments before allowing entry into the country. If you want your spouse to move to Canada with you, make sure to get a medical exam well in advance.
● Get an Authorization to Return To Canada
Your spouse might need to get authorization to return to Canada if they are not currently living in the country. This document shows that your spouse is allowed back into the country, even though they left without permission. If your spouse left Canada without permission, they are at risk of being banned from entering the country even after you receive a spouse visa.
● Know Where You Want to Live
Once you have your spouse visa, you are free to live anywhere in Canada, deemed reasonable by the Canadian Border Service Agency. If you are unsure where this location would be, it’s a good idea to start looking for employment and housing before applying for your spouse’s visa.
● Apply Early
There are several different spousal visas, each of which comes with its own requirements and restrictions. If you want to bring your spouse to Canada, applying early will give you the best chance to accept your application. The earliest time that someone can apply for a spouse visa in Canada is six months before getting married.
● Get the Appropriate Visa
In order to be successful in bringing your spouse to Canada, you must first apply for the correct visa. There are a number of different spousal visas, each with its own requirements and restrictions. If your application is not accepted, you will have to start the process all over again from scratch.
Requirements to Get a Spouse Visa in Canada
Canada is well-known for its good quality of life, social tolerance, and free culture. Many people all over the world are looking for opportunities to move there in order to find better living conditions. However, if you are thinking about starting a family in Canada, it is necessary that you fulfill some requirements first. Here are five requirements that you must meet in order to get a spouse visa.
Before applying for a spouse visa, the couple must be married. If you are not married yet, you can choose to apply for a fiancée visa in order to make sure that the plan will work out. Once you are legally engaged, you need to wait for at least one year before applying for a spouse visa.
If you are applying as single, then your application will be refused right away. In order to get a spouse visa, you need to take care of all the family members that depend on you financially and also those who live with you. If both partners are financially dependent on each other, the application will be processed even faster.
In order to apply for a spouse visa in Canada, you must have the status of permanent resident or citizen. If you are not a Canadian resident yet and would like to immigrate there with your spouse, you must first apply for permanent residency.
Also, you will not bring your children with you if you apply for a fiancée visa. If the application is refused, they will have to stay in their home country until they can successfully apply for a spouse visa.
In order to get a spouse visa, both partners need to prove that they have basic knowledge of English or French. In some cases, you may be asked to take a language test, so it is better if you start learning one of those languages as early as possible. Besides, you will need to know the language in order to cope with daily life, find a job, and make friends.
Before applying for a spouse visa, you must prove that you have enough money in order to support your family while living there. The amount of money depends on how many people are included in the application – for example, if you are applying alone or with one child. Besides, you will need to prove that you have enough money for health insurance and housing.
Eligibility for a Spouse Visa in Canada
No person can enter or stay in Canada without a proper visa or authorized status. Canadian law determines the meaning of “spouse” for people who can come and live in Canada permanently. The following conditions must be met for a non-citizen spouse to get permanent status in Canada on that basis.
- Have a valid marriage with a Canadian citizen or permanent resident; and
- Live together in an ongoing and mutually binding relationship (The couple must live together for two of the four years of their initial application.)
- Live together in one household; and
- Must not be under any order of deportation or removal; and
- Must not be at risk to national security or public safety; and
- Must not have any previous immigration violations; and
- Satisfy the visa officer that they will leave Canada at the end of their authorized stay, usually three years. A spouse, who has been in Canada for more than three years without leaving, can apply for a work permit. It is possible to get out of the sponsorship before the end of three years after arriving in Canada unless there are children involved.