A marriage or a Common-law or Conjugal relationship is based on a loving relationship between two people who want to make a life for themselves and build a
family for themselves. In some cases, a couple may be temporarily separated and living in two different countries due to unforeseen circumstances. If you
are a Canadian Citizen or a Permanent Resident of Canada and your significant other is residing in another country, not to worry. You may be eligible to
Sponsor your foreign partner to Canada, and eventually get your foreign partner Permanent Resident status in Canada if your Sponsorship application is
successful.
However, before applying to sponsor your foreign partner, you need to assess your’s and your foreign partner’s situation in its entirety. Sometimes, your
foreign partner may be in a unique situation which will require that you take into account additional considerations. For example, your Spouse, Common-law
Partner or Conjugal partner can be a refugee claimant. In such instances, you will need to address this situation and find out the ramifications of such a
situation on your immigration application.
Spouse, Common-law Partner, or Conjugal Partner Is A Refugee Claimant
As a Canadian Citizen or Permanent Resident of Canada you are eligible to Sponsor your foreign Spouse, Common-law Partner, or Conjugal Partner to come to
Canada, given that you meet the requirements of a Sponsor. However, in order to sponsor your foreign partner, you need to determine whether your foreign
partner can be sponsored by you. In other words, your foreign partner also has to meet the requirements of a Sponsored Person. Therefore, it is important
to assess your foreign partner’s circumstances when applying under the Spousal Sponsorship category.
If your foreign Spouse, Common-law Partner or Conjugal Partner came to Canada and was issued a Study Permit or Work Permit when their claim was referred to
the Immigration Protection Division, then they are not considered to be a Temporary Resident. As a result, they will not meet the requirements of a Spouse,
Common-law partner or Conjugal partner and they will not be considered members of the Spouse, Common-law partner or Conjugal partner class in Canada.
However, the requirement to for your foreign Spouse, Common-law Partner or Conjugal partner to have Temporary Resident status when they come to Canada may
be waived for consideration under the Spouse, Common-law partner or Conjugal partner class. Therefore, refugee claimants are eligible for consideration
under the Spouse, Common-law partner or Conjugal partner class in Canada. But keep in mind, despite the lack of status of a refugee claimant, other grounds
of inadmissibility still apply to your foreign partner, such as criminal and medical inadmissibility.
Also note that under Humanitarian and Compassionate considerations, if your Spouse, Common-law partner or Conjugal partner who are inadmissible to Canada
without a valid passport or travel document, but they obtain the proper documentation before Citizenship and Immigration Canada makes a decision on their
Permanent Residency application, then your foreign partner should not be refused on the grounds of not having valid passport or travel document.
At Akrami & Associates we have the skills, knowledge and legal expertise to deal with your Sponsorship matter, no matter how unique the circumstances.
We will take your unique circumstances into consideration and compile the strongest application to give you the greatest chance for success.
