The Canada Family Class Sponsorship is a popular Canadian immigration program, particularly for applicants applying for a Canada spouse visa from the UK. Both permanent residents living in Canada and Canadian citizens can use it. The program additionally assists Canadian nationals who are abroad and who need to obtain a Canada spouse visa or common-law partner visa for their significant others.
The outside Canada program is for those who want to return and live in Canada as a couple or family unit. A Canadian citizen can sponsor their non-Canadian spouse, common-law partner, or children requesting a Canada spouse visa for him/her and accompanying dependents.
If you are a Canadian citizen and living in the UK or any other country? Are you looking for a Canadian spouse visa or a common-law partner visa? Herein, you’ll find useful information on the Canada family class sponsorship program. You will learn about provisions to sponsor family members on a permanent basis.
If you are a Canadian citizen living outside Canada and want to reside in Canada with your family. It is possible to sponsor and submit a family class application without returning to Canada until the sponsorship and visa application process is complete.
The program is part of Canada’s family reunification policy. It is a great initiative of the Government of Canada to keep families together.
The children of couples applying for Canada family class sponsorship may also qualify for Canadian citizenship. The children will be subject to meeting separate Proof of Canadian citizenship requirements.
The Canadian immigration law offers three provisions via the family sponsorship program. These provisions are for applying for Canadian visas for non-Canadian citizens.
These are:
Member of opposite or same-sex married to you (husband/wife).
Member of the opposite or same sex. He/she must be living with you in an exclusive relationship. In addition, you both must live together for a continuous period of at least one year.
To apply for common-law partner immigration, it is critical to provide substantial evidence. You must provide the following documents as proof to meet the requirements:
➤ Jointly operated bank/credit card account
➤ Jointly having own home/ property on Tenancy Agreements. (in case of living in a rented home)
➤ Jointly registered utilities (gas, telephone, and electricity connections)
➤ Additional official communications are mailed to the same address as individuals or jointly.
A conjugal partner is a person who has been in an exclusive relationship with the sponsor. But, he/she could not live with the sponsor for a continuous period of one year. They may not live together due to marital status, immigration, social or religious barriers, or sexual orientation.
To apply as a conjugal partner, you need to provide documents or proof. The couple must explain that you could not live with each other or marry the sponsor despite having a conjugal relationship.
The Canada Spouse Visa and Canadian Common Law Visa are issued by the Canadian government. It facilitates entry to Canada for a spouse/conjugal partner/common-law partner of a Canadian citizen or permanent resident.
➤ The sponsor must be at least 18 years of age;
➤ A sponsor must be a Canadian permanent resident living in Canada or a Canadian citizen;
➤ The sponsor cannot be in prison, or bankrupt, under a removal order. He/she must also be not charged with a serious offense;
➤ The sponsor cannot have been sponsored to Canada as a spouse within the last 5 years.
➤ Marriage certificate (valid in Canada and country of marriage)
Proof of marriage (inside or outside Canada)
Embassy/consulate marriage documentation (if applicable)
➤ Confirmation that you intend to reside in Canada once your spouse/common-law partner/conjugal partner acquires permanent resident status. This is an essential requirement for sponsors who are not living in Canada at the time of applying for a visa.
➤ Both the sponsor and the person being sponsored must sign the agreement. This is to confirm that they both understand and abide by mutual obligations and their responsibilities.
➤ The sponsor must sign an agreement as a pledge. The agreement is to undertake and provide for the basic needs of the sponsored person.
➤ Demonstration of the authenticity of the relationship with the sponsored person. It must show that the person is immigrating to Canada to join the sponsor and not any other person.
➤ Marriage certificate
➤ Proof of communication via phone calls, email, chat, letters, and others
➤ Photos of the partners together
➤ Documents of Joint agreement including bank accounts, credit cards, ownership or lease agreement of properties.
Additional Information for applicants interested in a Canada Spouse Visa
Pahl & Associates has been submitting family class applications for Canadian citizens residing in the UK for 20 years. We have listed below the most common questions we receive regularly regarding Canadian Family Sponsorship applications.
For applicants applying for a Canada spouse visa from the UK, processing time may vary from 6-12 months or more. This is based on the nature and complexity of each case.
The Canadian immigration department IRCC is proactive in dealing with the family class sponsorship applications. In our experience of 20 years in processing Canadian immigration applications, we have found that generally, it takes around 6-9 months for the Canadian High Commission in London to complete the procedures.
There may be delays in evaluating some complex cases. The delays may also occur due to receiving a large volume of applications within a specific season.
Is it mandatory to get married to get a Canadian spousal visa?
Yes, it is mandatory to get married to be eligible for a spouse visa or you must meet the requirements of a common-law partner. You must provide an authentic marriage certificate as a valid document with an application to support your marital status. Marriage license or solemnization documents are not acceptable.
Can I apply for a common-law partner visa from the UK?
You can apply for the common-law partner visa without getting married. However, it is mandatory to prove that you were in cohabitation with your partner for at least one year. In our recent experience, we have noted that IRCC is adopting a strict threshold. IRCC assesses and requires in-depth documentary evidence to confirm the validity of the common-law relationship.
What are the consequences if I am not able to provide some of the required documents?
You may have the required documents. Do your best to find equivalent credentials to strengthen your application.
You may be able to furnish the required documents. In this case, you must give a valid explanation as to why you do not have the documents. This may also lead to delay. IRCC may need to interview you before a decision being made.
Is it mandatory to provide police clearance and medical examination reports upfront?
If you are submitting your application whilst residing in the UK or anywhere outside Canada. Police certificates will need to be provided upfront when the application is submitted. However, the medical will be requested a few months after the application submission.
➤ Contact information on file (address, telephone, email) is outdated;
➤ Further documents were requested but they weren’t submitted on time, or at all;
➤ Your dependant (s) turned 18 since you applied;
➤ You added dependant (s) to your application since you applied;
➤ Your dependant(s) got married and/or had children of their own since you applied;
➤ You provided legal documents to confirm a change to your marital status, or about child custody;
➤ You or your family member need to resubmit a medical exam because one expired. The medical exams for every person must all be valid at the same time;
➤ You or a family member need to appear for an interview;
➤ You or a family member might not be eligible;
➤ Background checks are still in progress for you or your family members.
For whom do I need a medical examination and police clearance certificate?
The applicant and dependent child (if any) including accompanying and non-accompanying will need to complete medicals. Whereas the police certificates are essential for applicants and dependants who are 18 and over.
Can a Canada spouse visa application from the UK be refused?
IRCC follows a thorough screening process to evaluate each application. It is therefore mandatory to prove the authenticity of your relationship. You must have sufficient documents or explanations to prove your relationship is genuine. A right of appeal exists if you apply from outside Canada.
Are same-sex couples eligible for Family Class Sponsorship?
Yes, there is a provision for same-sex couples to apply for family class sponsorship. Having accepted the LGBTQ community, the Canadian government offers several privileges for same-sex immigration.
Do you need an interview for a Canada spouse visa from the UK?
An interview is not a mandatory part of the immigration process or visa issuance. In most cases, if you furnish enough documents supporting the application, there’s no need to attend an interview.
However, in some special cases, IRCC may request you to attend an interview. It is to investigate the authenticity of the relationship status.
Is it essential to seek legal representation for your Canada Spouse or Common Law Visa application?
The simple answer is that it is not mandatory to appoint a legal representative. However, you may experience some complexities within Canadian immigration law. This process may leave you confused if you are not familiar with Canadian immigration rules and procedures.
Pahl & Associates’ expertise in representing UK-based clients with Family Sponsorship applications extends beyond 20 years. We are here to help guide you through these procedures and the necessary paperwork. We are passionate about our goal to assist families from the UK move to Canada with minimal stress. We strongly recommend that you read our testimonials to gauge our level of expertise and professionalism. Our client reviews have always been our best form of advertising!
It is important to note that this article is for general information only. Canadian immigration laws are always subject to change.
We are a UK-based, CICC-registered company. Please feel free to contact us to assess your eligibility and book a consultation via email or by phone at 0345 055 9861.
