So, your partner is living in the U.S., and you are willing to sponsor them for Canadian immigration. Well, you can invite your partner to Canada through the Canada Family Visa.
However, the first step for people who are living in Canada and want to sponsor their spouse or common-law partner is to ensure that they are eligible. The sponsor will need to be a Canadian citizen as a First Nation or PR holder over 18.
The person will also need to indicate to IRCC that they can provide for themselves and the person they are sponsoring and any dependent children. However, the requirements to prove this will be different depending on the province. If you plan to live together in Quebec, the requirements will be different from other Canadian provinces.
Moreover, some factors can possibly make a person ineligible to sponsor. A person involved in any violent crime will get ineligible if a person is still financially responsible for a previous common-law partner or spouse and is still bound by the three-year undertaking.
However, another reason for getting ineligible is bankruptcy and have not been discharged. Several other circumstances can cause ineligibility.
Moreover, the partner will also need to be eligible to get sponsorship. Both partners need to be over the age of 18. The partner will also need to clear the security, background, and medical checks to get sponsorship.
In case your spouse or common-law partner is living the U.S. at the time of applying for the Canada Family Visa. When you are completing the application and your partner is living in the U.S., your application will go under outland applicants.
This means your files will likely be shared with a visa office in the U.S. However, it varies from case to case.
Moreover, at the time of application processing, you can also live with your parent in the U.S. However, you will need to show that you will both move to Canada once your PR application gets approval.
If you both decide to process the application while living in Canada, then your application will go under Spouse or Common-Law Partner in-Canada class. Moreover, your spouse will also get the chance to obtain an Open Work Permit.
However, Canada also offers an application guide online and a document checklist that can help the applicants during the process. Moreover, these guidelines change regularly, and they can be different according to your spouse’s residency status in the U.S. and where they are applying from.
Just in case your spouse is already a U.S. citizen and coming from the U.S., they will not need to submit any additional forms or follow any additional special instructions. However, it can be different if they submit their official documents issues outside the U.S. IRCC offers different requirements on specific foreign documents.
Submitting Your Application
Once you are done with all the documents, you can submit your application. IRCC will then assess your application to ensure that you both fall into a genuine relationship. Moreover, IRCC will ensure that you both are not applying just to get Canadian permanent residence.
If you submitted an incomplete application, the government would return it. However, the processing will not start until the immigration department receives the complete application.
Usually, IRCC takes around 12 months to process applications for spousal relationship. However, there is a waiting period for two or three months to make sure that you have submitted the complete application.
Moreover, IRCC can also ask the person who is applying for PR to submit their biometrics. IRCC will grant 30 days to send biometrics. However, they will also need more information or maybe an in-person interview at any time. Moreover, the person who is getting sponsorship will need to have a medical exam within 30 days.
You can also track the status of your application online at IRCC’s website.
Once the immigration department decides against your application, they will send you all the instructions. These instructions can be the final steps that your spouses need to take to get PR.
Moreover, they will need to visit a port of entry to meet an immigration officer for their landing interview. IRCC will also guide them regarding the documents that they need to bring with them. The IRCC will also give the time and place for the interview.
Eventually, your spouse will officially be a permanent resident once the landing process is done. Then you will only need to wait for the permanent resident card to come via mail.