Different “classes” of the Canadian Spouse Visa

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Hello,

If you want to bring your spouse or “significant other” to Canada there are many ways to do so. To do it legally is the fun part.

If one partner/spouse is a Canadian citizen they can sponsor their partner to come into Canada. You partner may be of either sex as long as your marriage is legally valid. It does not legally matter what sex the partners in a relationship are.

The partnership can be a legal marriage, common-law partners, conjugal, or a same sex partnership.

Partners – either of the opposite sex or same sex – can be in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together. Perhaps one conjugal partner is legally married to someone who walked out? Perhaps one partner is legally married in a country where divorce is not allowed? Perhaps you have lived together in a country where same sex marriages are not allowed? But still the relationship exists and you want to have a chance for it to grow and blossom.

Proof of a “marital” style relationship is mandatory. Can the relationship be shown to exist? Is it long standing? Are there shared bills? Do you own property in common? Place of residence, shared expenses, invoices, testimonials, time living together, time living apart, and other proof play an important role and each should be documented to prove the relationship is real and long standing.

Things like these prove a relationship. Children, adopted or otherwise, also help “prove” a relationship.

According to the government there are different “classes” of relationship

COMMON-LAW PARTNER

You are a common-law partner – either of the opposite sex or same sex – if you have been living together in a conjugal relationship for at least one year. It is very important that they prove that what will be presented is coherent and complete. Place of residence, shared expenses, invoices, testimonials, time living together, time living apart, and other proof play an important role. We know that getting a permanent resident visa for your common-law partner will be a very important event in your life.

Subjectivity plays an important part in Canadian spousal sponsorships. We know the Canada spouse sponsorship process very well. Errors or omissions could delay your spouse visa application or even lead to a refusal. We, as Canadian Certified Immigration Consultants will represent you before Citizenship and Immigration Canada in order to obtain the Permanent Resident visa for your spouse. Don’t risk your future. Send us a message or fill out the form so that we can assess your case.

CONJUGAL PARTNER

This category is for partners – either of the opposite sex or same sex – in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

Canadian citizens and permanent residents who live in Canada can sponsor their loved ones and help them to get a Permanent Resident Spouse Visa for Canada through the Family Class program. The conjugal partner category is for partners – either of the opposite sex or same sex – in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

The conjugal partner stream only applies where the partner of the Canadian person is married in a country where divorce does not exist, or to a same sex relationship where the partner of the Canadian person lives in a country where the same sex marriage does not exist. Proof of a “marital” relationship is mandatory. We can help you to understand how to show the government that there is a relationship and the visa is a necessity.

Same Sex Marriage

As only a few countries recognize same sex marriage, most of the spouse sponsorship applications for Canada are processed using the common-law partner stream. As of August 2013 the countries that recognize same sex marriage are: Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, The Netherlands, New Zealand, Norway, Portugal, Spain, South Africa, Sweden, Uruguay and some USA states (California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Vermont and Washington, the District of Columbia, eight counties in New Mexico).

You are a common-law partner – either of the opposite sex or same sex – if you have been living together in a conjugal relationship for at least one year.

Sponsoring a partner using the common-law stream makes the spouse sponsorship application a little more difficult. The fact that the couple is not married poses a challenge. It is very important that the proof that will be presented be coherent and complete. Place of residence, shared expenses, invoices, testimonials, time living together, time living apart, and other proof play an important role. We are Canadian immigration experts specialized in spouse sponsorship applications. Getting a permanent resident visa for your common-law partner will be a very important event in your life.

Even if you have a marriage certificate, you also have to show evidence that your relationship is real. All the proof that was mentioned above also applies for this stream of application.

Fiancés Visas

A few years ago, there used to be a fiancé visa but it does not exist anymore. However you do have the following options:

  1. a) If you have cohabited with your fiancé for more than one year you could consider the common-law partner stream.
  2. b) If you have had a conjugal relationship and for exceptional circumstances you cannot live together then you may consider the conjugal partner stream.
  3. c) If none of these options apply to you then you could consider marriage in order to start the spouse sponsorship application. Canadian citizens and permanent residents who live in Canada can sponsor their loved ones and help them to get a Permanent Resident Spouse Visa for Canada through the Family Class program.
  4. d) If you do not want to start a spouse sponsorship application right now we can help you to prepare a visitor visa. Please click here for more information.

Subjectivity plays an important part in Canadian spousal sponsorships.  We know the Canada’s spouse sponsorship process very well.  Errors or omissions could delay your spouse visa application or even lead to refusals.  As Certified Immigration Consultants we will represent you before Citizenship and Immigration Canada in order to obtain the Permanent Resident visa for your spouse.

For further information please; Call us at (204) 272-7007

Or Write us at info@cicimmigration.ca or Contact Us

respectfully,

Gordon Davis

gdavis@cicimmigration.ca

 

CiCimmigration, 262 Rose Street Suite 310, Barrie, Ontario, L4N 5R2
Phone #: 1 (204) 272-7007     e-mail: assessments@cicimmigration.ca     www.cicimmigration.ca