|
Canadian Immigration Consultants |
Immigroup |
||||
 |
 |
 |
 |
 |
|
|
Home > Library > Spouse |
d | ||||
|
Spouse
Section
2 of the Immigration Regulations, defines spouse as:
"an
individual who is cohabiting with the person in a conjugal
relationship, having so cohabited for a period of at least one year." Common-law
spouses and same sex partners do not fall under the definition of
spouse. They must meet the requirements for admission as independent
immigrants whether they are applying to join a spouse/partner in Canada
or accompanying a principal applicant. They may qualify for selection by
earning enough points for assessment factors in Schedule 1. Where
there is evidence of a relationship, immigration officer may recognize
undue hardship which could result from separation of common-law spouses
or same-sex partners and admit them under humanitarian and compassionate
reasons. The
sponsored spouse must satisfy a visa officer that their relationship to
their Canadian or permanent resident sponsor is bona fide, and
not a marriage of convenience. Section 4(3) of the Immigration
Regulations, states that "The
family class does not include a spouse who entered into the marriage
primarily for the purpose of gaining admission to Canada as a member
of the family class and not with the intention of residing permanently
with the other spouse." A
married couple should keep documented proof that the relationship is bona
fide. Examples of evidence in support of the bona fides
of the relationship are correspondence, telephone bills, invitations,
pictures or video tapes of the wedding and receptions. If the sponsored
spouse is unable to convince the visa officer that the marriage is bona
fide, that is entered into primarily for love, the visa officer will
refuse to issue the sponsored spouse an immigrant visa.
The
sponsorship of a spouse is exempt from any financial requirements.
|
|||||
|
Home | Firm | Services | Representation | WorkVisas | ImmigrationVisas | Business | Employment | Govt | Sitemap | Archive | Contact | Disclaimer |
|||||