The immigration process may be tough and very lengthy. We assist our clients in achieving their dream of immigrating to Canada. We start by taking a personalized approach to make sure we understand you, your business, and your family’s unique needs and goals. We take pride in providing Canadian Immigration legal services, which are tailored specifically for each client.
We are here for all our clients and provide immigration-related services to our clients all around the world, such as:
Business establishment / Start-up / Into Company Transferee in Canada Immigration programs.
Sponsorship programs for family members sch as spouses, common-law partners, conjugal partner, dependant or adopted child, parents, and grandparents.
Study options, including the option to stay in Canada after graduation.
Work permits to work in Canada or for employers to hire foreign workers, LMIA.
Visitor visa for the visa-required countries for Travel, Family or Business visit including super visa and e/TA.
Permanent Residency applications, Including express entry and Provincial Nominee Immigration programs.
Citizenship of Canada eligibility.
PR residency obligation requirements.
PE card extension.
Residency obligation appeals.
How to deal with Refused applications.
Temporary residency Permit.
Status restoration.
Inadmissibility/Misrepresentation.
Criminal Rehabilitation.
SPOUSAL, COMMON-LAW PARTNER AND DEPENDENT CHILD SPONSORSHIP
Family unity is highly valued in Canada. In fact, for this reason, through the Immigration, Refugees and Citizenship Canada (IRCC), applications of a Family Class are granted maximum urgency at visa offices in Canada.
To be precise, sponsorship application gives the right to a Canadian or Permanent Resident, with approval by Immigration, Refugees and Citizenship Canada (IRCC) to sponsor their partners or dependent children for a permanent residence in Canada. Qualification for spousal sponsorship whether same-sex marriage or opposite sex partners must have the relationship fit in any category below:
You can become a sponsor if you are:
At least 18 years old
A Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident,
Living in Canada
If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
You can’t sponsor someone if you’re a permanent resident living outside of Canada.
Able to prove that you are not receiving social assistance for reasons other than a disability, and;
You must also be able to show that you can provide basic needs for:
- yourself, your spouse or partner, your spouse or partner’s dependant
child(ren) (if applicable),your dependent child(ren) (if you’re sponsoring only
your dependant child).
You may not be able to sponsor if you:
are sponsoring a spouse or partner but you signed an undertaking for a previous spouse or partner, and it hasn’t been three years since they became a permanent resident,
previously sponsored someone and did not pay back any social assistance that they received while the undertaking was in place.
are in default on an immigration loan or a performance bond
did not pay court-ordered alimony or child support
have declared bankruptcy which has not been discharged
were convicted of
- an offence of a sexual nature, a violent crime, an offence against a relative that
caused bodily harm or threatened or attempted to commit any of the above
offences—depending on the nature of the offence, how long ago it happened
and if you received a pardon
are sponsoring a spouse or partner and you were previously sponsored as a spouse, common-law or conjugal partner and became a permanent resident of Canada less than five years ago,
are under a removal order,
are in a penitentiary, jail, reformatory or prison,
have already applied to sponsor your current spouse or partner and haven’t received a decision.
Common-law partner: if you have been cohabiting in a conjugal relationship for a minimum of one year.
A spouse: if you are in a legal and valid civil marriage and legally recognized by the Canadian law as well as the law of the place where the marriage took place.
Conjugal relationship: if there is a substantial degree of physical as well as mutually dependent relationship between the two of you and the relationship has lasted for at least 12 months without marriage due to barriers such as sexual orientation and religious beliefs.
Types of Spousal and Common -Law partners Sponsorship Applications:
Basically, there are two types of sponsorship application.
Inland sponsorship.
Outland sponsorship.
Inland Sponsorship
This type of sponsorship application is applicable where the couple in question resides together in Canada.
Advantage
The sponsored individual benefits by being legible for an Open Work Permit and hence can be able to work at any place in Canada as their application for sponsorship is being processed.
Outland Sponsorship/ Common-Law Partner Sponsorship
This type of sponsorship application is applicable where the sponsored partner resides outside Canada.
Outland sponsorship applications proceed through the visa office serving the applicant’s country of origin or residence for the past year. However, in both cases, it is important to note that individuals must meet eligibility requirements for their applications to qualify and need to be admissible to Canada. (See more about the admissibility requirements at the Inadmissibility section).
Dependent child Sponsorship:
Due to different circumstances, some families live separately from their children and in different countries. Immigration Sponsorship of the dependent child program designed to make a difference and give these families a chance to reunite in Canada.
Sponsor eligibility
There are certain conditions for the sponsor to be eligible to sponsor. Also, the sponsor undertaking the financial responsibility for the sponsored person for certain amount of time.
Solid evidence
Moreover, the crucial aspect of the application is being able to prove the genuine nature of your relationship. One should consider the use of solid evidence and material property to prove the authenticity of your relationship.
All the information must be trustworthy and correctly expressed in the immigration forms as well. whether unintentional or not, discrepancies can often occur. Background information should be also thoroughly completed. In turn, the unreliability between information may lead to consequences, resulting in misrepresentation and eventual ban from entrance into Canada. Overall, proper explanation must be provided to avoid negative investigation and possible consequences that will ultimately affect your future.
If these requirements are not met, the Immigration Sponsorship application may be refused, and the applicant may appeal this decision.
Your Responsibilities as a Sponsor
When you agree to be a sponsor, you are required to sign an undertaking agreeing to provide money for your spouse or partner and their dependent children's basic requirements.
The necessities are:
food, clothing, housing, and other necessities of life,
other medical need that are not covered by public health services, such as dental and vision care.
You must confirm that the individuals you sponsor won't need to turn to the government for financial assistance before you sign the undertaking agreement. If they get social assistance, you will be required to repay them for any benefits they received while you were their legal guardian. Until you pay back the money, you won't be allowed to sponsor anyone else.
The undertaking is a legally binding guarantee of assistance, so even if your circumstances change, you must continue to provide for the applicant(s) during the undertaking term. Even if your circumstances changes, the undertaking will remain in effect for the whole undertaking time. The program won't be cancelled even if:
the person you sponsor acquires citizenship in Canada
You separate, get divorced, or your relationship with the person who you are sponsoring breaks.
You or the person you are sponsoring relocates to a different province or country
You face financial difficulties.
Overall, to avoid unnecessary delays, complications, or any setbacks that may occur, proper legal representation is advised to ensure success in attaining Immigration Sponsorship from a loved one.
Contact Us:
If you, or anyone you know, requires legal help and/or guidance to achieve success in order to flow through this application process efficiently, contact our legal team via email info@vblegal.ca or via telephone at (905) 370-0484 to receive necessary help.
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