Sponsoring a Spouse From the USA
It is not uncommon for a Canadian to be married to an American and decide to live in Canada together. The Canadian citizen may sponsor the American as a spouse or partner by going through the spousal sponsorship application process. The two need to be either married or in a common-law relationship. The immigration department will need supporting documents to prove that the relationship is genuine when processing the sponsorship application. These documents can be hard to complete or collect and make sure they have been properly attached with the rest of the application. That’s why hiring an immigration lawyer with experience in spousal sponsorship to Canada is very important.
Applying for Sponsorship Outside Canada
There are cases where the couple may be living in the US but want to immigrate to Canada once the spousal sponsorship process is complete. First, the sponsor will need to file an application which is then reviewed by the immigration department to determine if the person qualifies to become a sponsor. This usually takes 2 months especially if done with the help of an immigration lawyer.
Among the Things that the Immigration Officer will Consider to Determine If the Person Meets the Requirements to Become a Sponsor Include:
- The sponsor must be 18 years of age
- The sponsor must be a Canadian citizen or permanent resident
- The sponsor must either live in Canada or prove that they will live in Canada if the application is approved
- The sponsor must meet the financial capabilities required to support the sponsored person and their dependents
Once you have been approved as a sponsor, the application will be forwarded to the Canadian visa office and will often take up to 12 months to be processed. Using an immigration lawyer can result in faster processing times since you’ll have all the documents supplied to the authorities on time and well-completed. Once the application is approved, the American Citizen’s visa will be stamped as a permanent resident.
You may want to apply for spousal sponsorship while outside Canada if the spouse/partner is working or studying in America. This will provide the foreigner adequate time to wrap up their life in the US and plan the move to Canada.
Spousal Applications While Inside Canada
If you and your American spouse are living in Canada, you can still apply to become a sponsor while in the country together. Some American citizens choose to apply for a work permit while waiting for the sponsorship application to be processed and a decision to be made. Work permits are usually issued within 4 months, and the permanent residence application will take approximately 12 months. During this time, it is recommended that the American citizen should not leave Canada. With a work permit, your American spouse can work and live in Canada without restrictions. It is recommended to stay as much as possible in Canada while the application is being processed and avoid outside travel unless it is necessary.
Why Hire a Lawyer?
Spousal sponsorship applications can be very complex to handle on your own. Simple errors or missing supporting documents can result in your application being denied. You need to seek the help of an immigration lawyer to best ensure that your application is successful.
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