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Sponsoring a Spouse from China

Sponsoring-Spouse-From-China

Are you planning to sponsor a Chinese spouse whom you’ve fallen in love with? Well, anyone holding Canadian citizenship or permanent residence can sponsor a spouse to live and work in Canada. However, sponsoring a Chinese citizen to live in Canada is a complex process and can best be handled by an immigration lawyer.

 

Marrying a Chinese Citizen

The Chinese government discourages its citizens from moving to other countries. For you to sponsor or marry a citizen of China, you’ll have to apply for official permission from the Chinese government and demonstrate that your spouse is not currently married to anyone else. In case of divorce, you need to prove that the process was finalized by providing various documents to the Chinese government.

Do you want to bring your Chinese partner to live with you in Canada? Then you must file a sponsorship application for your spouse. Your partner may also apply for a visitor visa to be able to visit you in Canada while still waiting for the application process to complete.

Chinese Marriage Basic Requirements

For Chinese-Canadian couples to acquire a Chinese marriage certificate, they must produce the following documents:

Chinese Partner:

  • Certificate of birth
  • Certificate of marriageability
  • Health certificate
  • Household registration book (Hukou)
  • Letter from the parents of the Chinese partner

Canadian Partner:

  • Current passport
  • Certificate of marriageability
  • Health certificate
  • Chinese resident permit
  • Three photos of the couple taken together

What if You Have Dependent Children With Your Chinese Spouse?

If your Chinese partner has independent children, it will not affect the application of Chinese Marriage Document. On the other hand, if you have dependent children, it will not affect the application to marry a Chinese spouse.

You only need to prove that you’re able to meet the basic financial needs of your partner and your dependent children. However, to sponsor your children to Canada, they have to meet the following requirements:

  • Under 22 years of age and not married or in a common-law relationship
  • Over 22 years of age but has been going to school before attaining the age of 22 and is still financially dependent on the parent.
  • Over 22 years of age but is unable to care for themselves due to a medical condition.

Effects of “Fake” Spousal Immigration Sponsorship

Some people fake relationship in order to bring their Chinese partners into Canada for monetary or other benefits. However, the IRCC is always on the lookout for this. If the IRCC determines that your relationship is not genuine, the application for permanent residency will be refused.

How Long Does the Chinese Sponsorship Document Last?

Normally, the time it takes for IRCC to verify your eligibility to become a sponsor for a person who is currently outside Canada is 39 days. The time it takes to process the sponsored person’s application depends on the current location and ranges from 8 – 41 months. Most offices will process the applications in under 16 months. For a Chinese sponsorship document, it may take about 12 months.

Responsibilities of the Sponsor

If you sponsor a spouse, you commit to taking care of them while they settle in Canada. As part of the application process, you must complete these two forms: Sponsorship undertaking which is a legal pledge a sponsor signs to the ICRC where you swear to provide for your sponsored partner and any dependent children, and Sponsorship agreement which is a legal agreement between the sponsor and the spouse, and covering any dependent children.

The process of sponsoring a spouse from China to Canada is complex and time-consuming. Therefore, you need to get the right legal representation to save you the hassle. At the Law Office of Matthew Jeffery, we specialize in spousal sponsorship immigration and we’ll ensure that yours goes through. Book an appointment with us today.


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