Are you looking for a skilled immigration consultant to help with your application for spouse sponsorship? Or perhaps you require an experienced lawyer regarding a spousal sponsorship appeal. In any case, our immigration lawyers have vast experience in several aspects of immigration law and can guide clients through both, a spouse sponsorship application and the spousal sponsorship appeals process.
Moving to a stable country can open up a world of possibilities. Immigration to Canada can significantly improve your and your loved one’s quality of life, thanks to great healthcare and a strong educational system. Last year, Canada received the highest number of immigrants ever recorded.
If your partner lives in Canada, you might be able to reunite sooner than you think. The number of spouse visa applications being processed by the Canadian government has increased and is still on the rise. Spouse sponsorship allows a permanent resident or citizen to sponsor their partner’s immigration. Here’s all you need to know about spouse visas including the spouse sponsorship procedure and spousal sponsorship appeals.
How to Apply
You have two options for applying for spouse sponsorship: inland or outland.
Inland
Candidates can stay in Canada during the processing of their permanent residence application under the inland spouse sponsorship stream. If you live in Canada with your partner, have valid immigration status, and want to apply for a work permit so you can continue working while your spouse’s immigration application is being processed, you should apply for sponsorship under this stream.
If you don’t have valid immigration status, you must submit an extension application or apply for another status document to stay legal in Canada during the processing of your application. If you apply this way, you will be unable to travel outside of the country.
Outland
Outland spouse sponsorship permits a permanent resident or citizen of Canada to sponsor their partner regardless of where they live. As part of Canada’s commitment to reunite families as quickly as possible, you should hear back regarding your application within a year.
While this program is intended for sponsored individuals who live outside of Canada, outland spouse sponsorship immigration allows applicants who live in Canada to travel in and out of the country while their application is under evaluation.
Processing Time
Applications are usually dealt with within a year. Although, this can vary depending on the circumstances. If the specifics are intricate or the visa office requests further documentation, your case may be delayed.
Complete your spouse sponsorship application accurately the first time to ensure that it is evaluated and accepted quickly. Hiring an experienced immigration lawyer will help you have a more straightforward immigration process.
Common Mistakes
Academic records or language exams are not required for spouse sponsorship in Canada. As a result, many people believe that applying for a spousal immigration visa is as simple as filling out a few forms, submitting a few papers, and waiting for approval.
While a spouse sponsorship application does not look at your job history, it does look at whether you and your partner have a genuine relationship. This encompasses all types of relationships, such as married couples, common-law couples, and conjugal partners.
Marriage of Convenience
Visa officials aren’t there to complicate your application. They recognisethe value of a couple’s relationship and will examine your situation accordingly. They do, however, function to protect the Canadian immigration system against dishonest people who are just interested in immigration.
If you and your spouse did not meet in person before getting married, your application would be scrutinisedmore closely. If you live in an area where fraud is frequent or if you are a citizen of a country that requires a visitor’s visa to enter Canada, your file may be inspected more closely. Rejected applications for Canadian refugee status or another temporary status in Canada in the past will also be factored into the judgment.
Inaccurate Documentation
Incomplete or contradictory legal documents may cause your application to be delayed or rejected entirely. Excessive documentation can also be an issue as it may question the marriage’s credibility.
Appeals Procedure
Not every spouse sponsorship application that is submitted is accepted. Your spouse’s application for permanent residency may be denied, and while this can be a frustrating scenario for you and your partner, there is still hope. You can file aspousal sponsorship appeal with the Immigration Appeal Division (IAD), outlining why your application should be approved.
You can appeal to the IAD if you’re a Canadian citizen or permanent resident who applied for spouse sponsorship and your application was denied by Immigration, Refugees and Citizens Canada (IRCC). You cannot, however, appeal if the individual you sponsored is inadmissible to Canada due to severe criminality, violation of human rights, misrepresentation, or organised crime.
You have 30 days after receiving the denial to submit a spousal sponsorship appeal to the IAD. You’ll also need to fill out and submit a Notice of Appeal form, as well as a copy of the IRCC refusal letter that the individual you sponsored received.
Hire a Lawyer
At Nanda & Associate Lawyers, we can assist you with all your immigration needs. Whether you need help with spouse sponsorship or aspousalsponsorshipappeal, our skilled legal team will assess your situation and customiseour services accordingly. Get in touch with us and speak with one of our immigration consultants today.
Our legal consultants are also experienced in various other services, including personal injury, family law, wills and estate, and real estate law. If you need help with any legal process, do not hesitate to contact us.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
