Sponsoring a Spouse From India
If you are marrying someone from India and plan to sponsor the person for a permanent residence in Canada, there are some important legal and practical information you need to know. Spousal sponsorship applications can involve complicating factors and exceptions that an immigration lawyer will help to highlight. A lawyer will provide a full analysis of your own situation and that’s why it’s important to seek legal advice before you begin the sponsorship process.
Getting Married in India
The Special Marriages Act 1954 outlines the rules and regulations that govern all marriages that involve a foreigner. The process of getting married to an Indian involves the following steps:
Submit the Notice of Intention to get married
First, the couple is required to visit the marriage registration office in their local area of residence at least 30 days and not more than 3 months before they intend to get married and submit an Intention to get married.
Fulfill Residency Requirements
The bride or the groom needs to have lived in the locality for at least 30 days before submitting the Notice of Intention to get married. There are cases where a certificate will need to be obtained from the local police station.
Submit Certified Copies and Other Documents
The couple will need to submit copies of passports, photographs, birth certificates. All copies must be certified by a notary public. For married couples who have either divorced or widowed, a copy of the Decree Absolute or death certificate is required. For single persons, you need to submit a single status affidavit, a certificate of No impediment or Certificate of No Record.
Solemnizing the Marriage
If there are no objections to the marriage received within 30 days after submitting the notice of intention, the couple can have a civil ceremony at the registry office with three witnesses. After the wedding, the couple will receive a marriage certificate, usually a couple of weeks later.
Can your Application be Denied?
There are many reasons for refusal when it comes to applications for spousal sponsorship Canada. First, the CIC officer will need to determine if the marriage is genuine in order to grant your spouse/partner permanent residency. If it is proven that the marriage was not real, your application may be denied and you can be banned from ever sponsoring anyone into Canada.
Legal Representation is Advised
Working with a qualified immigration lawyer will help to get a positive result as quickly as possible. A lawyer understands what your options are and can advise on how to go about the application in order to save time, money and avoid common mistakes that could ban you from ever applying again.