Sponsoring Your Spouse to Canada
Are you married but live in Canada while your spouse resides in another country? Have you tried to apply to sponsor your spouse, but your application got refused? Are you losing patience with the entire spousal application process and not sure what else you need to do to be reunited with your spouse? At Akrami & Associates, we have helped many clients who have tried to apply to sponsor their spouse on their own but got refused. After coming to our firm, our immigration experts were able to assist these same clients to submit a successful application and be reunited with their spouse in Canada. In this blog, you will learn about some of the common mistakes some of these clients made in their applications before coming to our firm and how these mistakes made a refusal more likely.
What is a Spousal Sponsorship for Permanent Residence Application
A spousal sponsorship for permanent residence application is one of the categories under Canada immigration’s family class categories. If you are a Canadian citizen or Permanent Resident and married to a foreign national, you can apply to sponsor your spouse under this category. If approved, your spouse will be issued permanent residence and be able to join and live with you in Canada as a Permanent Resident.
There are two types of spousal applications – in-land and overseas. The primary difference between the two applications is where the Applicant spouse is residing. In an in-land spousal application, the Applicant spouse must be residing in Canada with the Sponsor spouse when the application is submitted and must remain in Canada until a decision is made. If you leave Canada and are not able to re-enter, you run a risk of getting your application refused because it will no longer qualify as an in-land application.
In an overseas spousal application, the Applicant spouse lives overseas and if they have a visa or are from a visa-exempt country, may travel back and forth between their home countries and Canada while the application is being processed.
Comparing In-land to Overseas Application: What are the Advantages versus Disadvantages
One of the main advantages for an in-land spousal sponsorship application is that the Applicant can apply for an open work permit that will allow them to work legally while they wait for their application to be processed. The Applicant spouse in the inland sponsorship application must have valid temporary resident status either as a visitor, worker or student, to qualify to apply for the open work permit.
The option to apply for an open work permit is not available to applicants in an overseas spousal. However, unlike an overseas spousal sponsorship application, the option for an inland spousal sponsorship applicant to travel is limited. This is because of the risk associated with not being permitted re-entry when it is time to return to Canada.
On the other hand, in an overseas sponsorship application, the applicant spouse is free to travel back and forth if they have a valid visa or they come from a visa-exempt country. Even if they are refused entry at the border, their application will still be processed. However, unlike an in-land, the Applicant spouse will not be able to apply for an open work permit.
Despite the differences between the two types of applications, processing times are the same for both types of applications – 12 months. You and your spouse will need to assess which option best suits your situation.
What are Some of the Common Mistakes That Applicants Make on Spousal Sponsorship Applications
Spousal applications for permanent residence are not easy to get approved. In addition to how complicated these applications can be, there are common mistakes that many applicants make that lead to their application getting refused. For example, it is very important to have the correct forms. Even if the forms are correct, many applicants do not know that CIC has a habit of always changing forms unannounced. Submitting an outdated form can result in a refusal.
Another common mistake relating to forms is knowing how to fill them out correctly. If you spell your name wrong or forget to provide important information about your admissibility, that could lead to a refused application.
Moreover, in these applications, you need to know what the officer is looking for and what you need to show to improve your chances for an approval. More than this, you need to submit the right documentation to help prove your case. In these applications, you are required to show that your application is genuine but proving genuineness is not clearly outlined by CIC. If you send documents that does not help the officer to properly assess the genuineness of your relationship, you risk a refusal.
The last most common mistake that clients have made in the past is sending the application with the wrong processing centre. To avoid this sort of mistake, it is important to make sure you check CIC’s website to know which case processing centre accepts which type of application. Otherwise, you risk your application getting refused.
Contact Akrami & Associates
Spousal sponsorship applications can be quite complicated and run the risk of refusal if done wrong. At Akrami & Associates, you can trust our immigration law experts to assist you with your application and make the process much easier. We have helped many to get a successful outcome after trying on their own and getting refused. We have experience assisting on some of the most complex immigration law cases so be rest assured that at Akrami & Associates, your case will be well handled. If you want to learn more about what we have done for past clients or want to know how we can help you in your immigration law matter, you can contact us at 416-477-2545 or info@thevisa.ca. Book a consultation with one of our immigration law experts and we can let you know how we will help your chances because at Akrami & Associates, there is always a way!
