NEW ROOTS IMMIGRATION CONSULTING
Spouse of Canadian Citizens and Permanent Residents
If you are a Canadian Citizen or Permanent Resident, and are married to or living with a non-Canadian you can sponsor his or her application for permanent residence in Canada.
Usually there are questions because not all of our personal circumstances fit neatly into Immigration Canada's policies.
For example:
- as a Canadian you may be marrying someone who has children by a previous relationship
- you may have court ordered support payments
- do you have enough evidence to prove you have been living common law for a year?
- you met on the internet - how do you show your relationship is genuine?
- one of you may have a criminal conviction from years ago
- Immigration Canada allows applications from spouses to be processed in Canada or outside of Canada, but what are the advantages and disadvantages of each?
- your non-Canadian spouse may require a visitor's visa to get to Canada - what are his or her prospects?
- you or your partner may have been previously married
- you have been living outside of Canada - what about income requirements?
All of these may create uncertainty in an area where you want clarity. My job as your consultant is to ensure that your application is thorough, and complete, that you know what to expect and when, as well as key issues that may affect your application.
You can put my twenty four years of experience in the field of Canadian Immigration to work for you:
E-mail: spouse@newroots.ca
As a registered consultant most of my work is with couples.
If you want unparalleled expertise in the area of spousal immigration, contact me.
Can my spouse who is a Canadian sponsor my application while we are outside of Canada? |
Yes, you and your sponsor can be living in Canada or outside of Canada |
|---|---|
| Can my spouse who is a permanent resident sponor me? | Yes but your sponsor must be living in Canada. |
| Are there special rules for common-law couples? | In addition to living common law for one year, you must be able to show that you have been living together for at least a year. |
| Does my sponsor have to meet income requirements? | There are no specific income requirements. However Immigration Canada requires financial information to confirm that you will not need public assistance [welfare] when you arrive in Canada. |
| Are there different rules for same sex couples? | No - the rules are the same whether you are in an opposite sex or same sex relationship. |
| If my Canadian partner is on a disability pension - can he or she sponsor me? | Yes, assuming that the other criteria are met. |
| If my sponsor has a criminal conviction can he or she sponsor me? | It depends on the offence. We recommend having a professional review your sponsor's situation. |
| Which is better - to have my application submitted in Canada or have it done at a visa office outside of Canada? | It depends on individual circumstances - for example if there is the possibility of a refusal then the application would usually be done outside of Canada. Sponsors cannot appeal an 'in-Canada' application, whereas a sponsor can appeal the refusal of an application submitted outside of Canada. There are often other factors to consider that are specific to a couple's needs. |
| I require a visitor's visa to get to Canada. Should I apply and have my application dealt with from within Canada? | Most visa officers will refuse a visitor's visa given this set of circumstances. It depends on both your circumstances and the visa officer reviewing your application for a visitor's visa. However the refusal rate for this type visitor of application is very high. |
| I have some health problems - is there a danger that I could be refused permanent residence because of this? | Spouses and dependant children are exempt from the demand factors - so most health problems of spouses are not an issue. However if you have a 'communicable' disease, you may be inadmissible. Our experience is that this is rare. |
| If my application was submitted as an in-Canada application, can I leave Canada while the application is being worked on by Immigration Canada? | Yes - but...short absences are not usually an issue [unless you need a visitor's visa to get back.] Longer absences can raise the question of whether you are 'cohabiting' which is a requirement for in-Canada applications. |
Should I hire a consultant?
Immigration is one of the most complex areas of Canadian public policy. Yes it is possible to do it yourself, just as it is possible for you to work on your car. However the consequences of an error far exceed making a mistake with your car repair. It could slow down your case to crawl, or, it could result in a refusal of your application - and increase your level of stress.
For individuals who come into our office after making an application, usually there are two issues. First making an error has slowed the processing of the application. In many instances if Immigration Canada has incorrectly formed a negative opinion based on their interpretation of information that was provided to them. It can be very difficult to get the application back on track and moving forward. So normally you would hire a consultant for:
- Peace of mind. The process can be very confusing. Immigration can be very complicated. We always say Immigration has made its process for the 'average' couple. The problem is few of us fit that 'average' stereotype. Some have children by previous relationships, some have an older or younger spouse, some met on the internet, and many of us have unique issues in our lives. In our experience the Immigration Department can be very difficult to communicate with, and very unforgiving of errors. Usually when a couple comes to us after encountering a problem it is more work than starting fresh with a couple from the beginning and counseling them throughout the process.
- Immigration can be very demanding in terms of accuracy. Errors can cause lengthy delays in the processing of your application. Worse it can mean the entire package is sent back to you.
- Unexplained areas can also cause delays and your application may be referred to the local office for an interview. When Immigration opens your package in Vegreville, Alberta [for in-Canada applications], if they are unsure of areas of your relationship they can transfer the file to a local office where it can cause more delays.
- We have had individuals contact us who were very worried when there was nothing to worry about, and, we have had couples contact us when they were not concerned but should have been very concerned about issues associated with the application.
- Immigration law in Canada is one of the most complicated Acts, Regulations and policy. There is a clear benefit in having a professional on your side that knows the rules - and the law.
Immigration is one of the most complex programs of any area of Canadian policy and law.
We have experience with the Immigration program that goes back to 1982. We have earned a reputation for knowledge, ethics and diligence in assisting our clients. We are also members of thevCanadian Society of Immigration Consultants [CSIC].
Same Sex Couples
The Canadian Government amended the Marriage Act. Same sex couples are now seen in the same manner as opposite sex couples. Immigration will look for confirmation that the relationship is genuine, as well as other requirements.
The next question is whether your spouse is with you in Canada.
The Immigration Act provides the opportunity for Canadian Citizens and permanent residents to sponsor their spouses from within Canada. It means if your partner is here in Canada he or she can stay in Canada while the application is processed in Canada.
There are some disadvantages ...you cannot appeal a negative decision by the Immigration Department if they decide not to deal with the application in Canada.
If your partner requires a visitor's visa to get to Canada -- Immigration will not usually allow a partner of a Canadian to come to Canada for this purpose. You can find a list of countries whose citizens are required to obtain a visitor's visa here.
If the application is being done in Canada, when can the person being sponsored work?
Unless your non Canadian partner is eligible for an employment permit in some other way ..NAFTA, Validated Offers of Employment etc., he or she must wait until Immigration Canada gives its 'approval in principle' to the application. This usually takes about seven months. You can find Immigration Canada's current processing times here for the initial approval in principle for in Canada spousal cases.
At New Roots Immigration Consulting we've been helping Canadians and their partners live in Canada since 1996. Combined with Immigration Canada experience of 14 years, that is over two decades of knowledge - about Immigration Canada policies, procedures and the Immigration Act. In those cases that have had problems we have fought hard on behalf of our clients.
We can help you.
We offer two plans.
First you can have us manage the process from start to finish. For a fixed fee, we prepare your sponsorship, prepare your partner's application for permanent residence, the marriage questionnaire and we counsel you through the entire process - what to expect, how to prepare for an interview...our job is to help you get through the process, successfully and with a minimal amount of worry.
Second, you can have us review what you have prepared. For a fixed fee will review your entire package, offer our opinions and suggestions with regard to deficiencies, errors and completeness. We understand sometimes individuals want to do the process themselves but have a professional review it for that extra bit of security on a very important and complex application.
If you are interested, you should contact us at spouse@newroots.ca.
Should I hire a lawyer or consultant?
Consultants in Canada are regulated. In order to be a member of the Canadian Society of Immigration Consultants, members had to pass both an ethics and knowledge test. Regardless of whether you hire a consultant or lawyer you want someone familiar with Immigration procedures, requirements and the law.
A lawyer is often not the best choice. This process is administrative - - the person who assists you needs to understand Immigration Canada's complex programs. A lawyer who specializes in real estate law may not know the practices and procedures within the Immigration Department. A lawyer is useful if you are headed to the courts - a very unusual place for a spousal case to end up - and under those circumstances we have referred individuals to lawyers for help. For the preparation of an application package - you need someone who knows the field - be it a lawyer or consultant.
How long will it take?
Processing times vary. In Canada the process will often take 9 - 10 months, provided there are no issues with an application. Incomplete applications will cause delays. Beware of unethical firms that make big promises - but do not deliver. These times frames are based in Immigration Canada published material and our experience.
What issues can complicate my application?
Insufficient information about a relationship, previous attempts to immigrate, previous negative experience with Immigration, previous marriages where custody issues are unresolved, non payment of maintenance orders, serious health problems, uncertainty about the bona fides of the relationship....these are a few examples.
Do I have to pass medicals?
You must take medicals...Immigration is concerned if you have a communicable disease.
How much will it cost?
Immigration Canada will charge you $1,040 if you do not have children. Our fee which is in addition to the Immigration Canada fees is competitive. Half of our fee is due when we start work on your application and half is due when you get the notice from Immigration Canada that you have been accepted. We accept major credit cards giving you extra assurance.
In addition you should plan on medical examination costs - usually about Cdn. $250 [it varies], and other minor costs such as police certificates.
Our fee includes advising you on necessary documents, preparing your sponsorship and application for permanent residence and advising you about what to expect from the process. For example is it the best option for you to apply in Canada?
Some offices charge much more or much less than you do. Why?
We have tried to set a fee that is fair to us in terms of our work on behalf of a client, yet reasonable. NOTE ANY CONSULTANT MUST BE A MEMBER OF THE CANADIAN SOCIETY OF IMMIGRATION CONSULTANTS - OTHERWISE IMMIGRATION CANADA WILL RETURN THE APPLICATION.
Yes you can find someone to put together an application - are they members of CSIC? There is a difference between throwing an application together and spending the time necessary to ensure it answers the questions and addresses the issues properly. Those operating outside of Canada are not covered under Canadian law. We challenge any firm to equal our work in terms of professionalism, diligence and attention to detail. We see the preparation of an application as the 'start' of a relationship with our clients, not the end. Our focus is to make your immigration as stress free as possible. We want you to come back in the future for questions about Permanent Resident's Cards, family immigration and citizenship.
Would you like ask a question?
If you have a question, click here
How do we contact you about your services?
We can always be contacted via the internet by e-mail at: spouse@newroots.ca. Always, we have Agreements with clients that outline our responsibilities. We accept major credit cards including Visa, Master Card and American Express.
Upon signing the Agreement and the initial payment we forward to you a list of documents we will need as well as a questionnaire that will enable us to complete your sponsorship and application. To visit our main site...click here
New Roots Immigration Consulting
Telephone: (604) 628-4967
Facsimile: (604) 608-9155
Email us at:
