In order to sponsor a foreign spouse, proper evidence showing valid marriage should be presented. Opposite or same sex marriage that happened outside Canada should be valid both under the laws of the country where the couple married and under the laws of Canada.
- National and International applications have been combined as one application package, meaning spouses, common-law partners and conjugal partners will now use a single application kit.
- The document checklist has been made more personalized meaning the applicants can use one for four checklists to find out which forms and documents they need to submit.
- The relationship questionnaire has been made more clearer meaning there are fewer questions and they have been simplified.
- The family class will no more undergo an up-front medical test. Medical examinations will be issued during the processing of the application, which must be done within 30 days. Failure to comply with this request within 30 days may result in the refusal of the application.
- Police certificates are required at the time of application for all applicants 18 years of age or older. It can be either the current country you have been residing for 6 months or more. Or the country where you have spent most of your adult life, since the age of 18.
COMMON-LAW PARTNER SPONSORSHIP
A common law partner is one who;
- Isn’t legally married to you
- Can be either sex
- Has been living with you for at least 12 consecutive months.
The documentation you submit for a common law sponsorship is more complex then a spousal sponsorship. In addition to these requirements, you will need to demonstrate the additional factor of cohabitation.
A foreign common-law partner should be in a conjugal relationship for more than one year with the sponsor before applying for foreign common-law partner to join him/her in Canada.
CONJUGAL PARTNER SPONSORSHIP
If heterosexual or homosexual couples are unable to get married due to some reasons which are beyond anyone’s control, then they would be considered as conjugal partners for immigration purposes. Their relation should meet certain requirements before applying for conjugal partner to immigrate to Canada. The relationship criteria are as follows:
- To apply for Conjugal Partner Visa, one must have to prove an ongoing and genuine relationship for at least 1 year, with a Canadian Citizen or permanent resident living in Canada.
- Applicants must also have combined their affairs to the extent possible with their Canadian partner and show that cohabitation was not possible due to reasons outside their control.
- Both same-sex and opposite-sex couples are eligible or this visa.
- The Canadian sponsor must also sign an undertaking to provide all basic needs required by the partner for the duration of 3 years from the partner’s arrival to Canada.
- The conjugal partners will be required to undergo medical and character checks prior to their arrival in Canada.