Family Class Sponsorship - Conjugal Partner (Same-Sex Partner)

When Ms. Elreen Buenconsejo first visited Canadian Immigration Consultancy - Mall of Asia Branch, she was asking for Study Visa Application.  But after a short interview to determine her eligibility, purpose and plans in the future, we discouraged her with her plan.

It turned out that she actually wanted to Study in Canada primarily to be together with her partner, Ms. Mennina, a Canadian citizen.  They were in a relationship for quite a period already but due to legal barrier, they can't get married in the Philippines.  We then suggested her to try the Family Class Sponsorship as a Conjugal Partner.  She was surprised to hear about this option and became more interested when we told her about the story of Ms. Carol. Same-Sex marriage or common-law union is legal in Canada. 

But In order for a Conjugal Partner Sponsorship, it needs a serious commitment from both partners. Otherwise, it will not work.  The challenge here is how to convince the Visa Officer that there is an emotional and financial interdependence - that there is a real and continuing relationship as a couple despite the physical separation.

If you are in a similar situation, we could be of help.  We may not be able to guarantee approval, but we can surely help you increase your chances by avoiding mistakes and proper documentation.  You may send your inquiry to canada@proimmigrationdvisers.com. 

Apply to Sponsor Parent or Grandparent | CIC to Accept Applications Starting January 2, 2014

Citizenship and Immigration Canada will be accepting applications for parent and grandparent sponsorship starting January 2, 2014! More information here.

Image Credit: www.earlyexperiences.org

To be a sponsor:

• You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative if necessary. This agreement also states that the person becoming a permanent resident will make every effort to support themselves. Dependent children under age 22 do not have to sign this agreement. Quebec residents must sign an “undertaking” with the province of Quebec—a contract binding the sponsorship.
• You must promise to provide financial support for the relative and any other eligible relatives accompanying them for a period of three to ten years, depending on their age and relationship to you. This time period begins on the date they become a permanent resident.

You may not be eligible to sponsor a relative if you:

• failed to provide the financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
• defaulted on a court-ordered support order, such as alimony or child support
• received government financial assistance for reasons other than a disability
• were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances, such as the nature of the offence, how long ago it occurred and whether a record suspension (formerly called “pardons” in Canada), was issued
• defaulted on an immigration loan—late or missed payments
• are in prison or
• have declared bankruptcy and have not been released from it yet.

If you need help if processing your sponsorship application, send email to canada@proimmigrationadvisers.com.

Marriage For Convenience No More?

If you were granted a permanent residence status in Canada through Family Class Sponsorship (Spouse), you will now have to wait for five years from the day you were granted a permanent residence status before you can sponsor a new partner. Prior to this new policy, a sponsored spouse or partner arriving in Canada as a permanent resident could leave their sponsor and sponsor another spouse or partner themselves, while their original sponsor was still financially responsible for them for up to three years.

Spousal sponsorship is open to abuse when a person enters into a relationship – such as a marriage or a common law partnership – in order to circumvent Canada’s immigration law. Concerned with the problem, the Minister held online consultations in the fall of 2010 to gather public opinion and ideas on how to best address marriage fraud.

“Many of the people who took part in the consultations made it abundantly clear that marriage fraud poses a significant threat to our immigration system,” added Minister Kenney. “Our government has listened to the victims of marriage fraud and all Canadians, and acted to crack down on those who engage in fraud and abuse Canadians’ generosity and our immigration system.”

Read the while article from Citizenship and Immigration Canada website.

This policy against marriage for convenience is similar restrictions imposed by Australia, New Zealand and the United States.

Parent and Grandparent Super Visas

Citizenship and Immigration Canada recently published the Ministerial Instruction 4 (MI-4) in Canada Gazette. It contains details on the temporary pause on Family Class Sponsorship Applications for Parents and Grandparents for 24 months effective November 5, 2011. This is to address the application backlogs and to speed up the process for Family Class Sponsorship for Parents and Grandparents. And as part of this action is the introduction of Parent and Grandparent Super Visas.

What is Parent and Grandparent Super Visas?

Parent and Grandparent Super Visas is a multiple-entry visa that will allow an applicant to remain in Canada for up to 24 months at a time without the need for renewal of their status. The Parent and Grandparent Super Visa will come into effect on December 1, 2011.

What is the processing period for Parent and Grandparent Super Visas?


Citizenship ang Immigration Canada will be able to issue the visas, on average, within eight weeks of the application. This means that instead of waiting for eight years, a parent or a grandparent can come to Canada within eight weeks. Parent and Grandparent Super Visa applicants will be required to obtain private Canadian health-care insurance for their stay in Canada.

How to qualify for Parent and Grandparent Super Visas?

To qualify, parents and grandparents must:

1. Undergo the Immigration Medical Examination (unless exempted);

2. Demonstrate that they have purchased private Canadian medical insurance; and

3. Provide a written commitment of financial support from a child or grandchild in Canada who meets a minimum income threshold.

Parent and Grandparent Super Visas is ideal for parents and grandparents who do not really want to immigrate to Canada but want to visit their families in Canada whenever they want.

Ministerial Instruction 4 (MI-4): Temporary Pause on Family Class Sponsorship Applications for Parents and Grandparents

Starting November 5, 2011, Citizenship and Immigration Canada will temporarily stop accepting new applications for Family Classs Sponsrship for Parents and Grandparents. This new policy is contained in the Ministerial Instruction 4 (MI-4) published at Canada Gazette.

Under the Immigration and Refugee Protection Act which was amended on June 18, 2008, the Minister of Citizenship and Immigration authority was given authority to issue instructions that would ensure the processing of applications and requests be conducted in a manner that, in the opinion of the Minister, will best support the attainment of immigration goals set by the Government of Canada.

The temporary pause will be implement only for 24 months while a better program is being considered. Cutting down the backlogs and faster family reunification are the main objectives of this new action plan. And to give chance for parents and grandparents to be with their families in Canada, Citizenship and Immigration introduced Parent and Grandparent Super Visa which will be available starting December 1, 2011. Simply put, this Parent and Grandparent Super Visas is a multiple-entry visa (valid up to 10 years) will allow an applicant to remain in Canada for up to 24 months at a time without the need for renewal of their status.

For the full text of the MI-4 instruction, click here.

Marriage of Canadians in the Philippines | Certificate of Legal Capacity to Contract Marriage

Canadians who wish to marry in the Philippines is required, under the Philippine law, to obtain "Certificate of Legal Capacity to Contract Marriage” from Canadian Embassy or Consulate in the Philippines before filing an application for a marriage licence.

The Certificate of Legal Capacity to Contract Marriage, which is actually required from any foreign national who wishes to marry in the Philippines, affirms that there are no legal impediments to the proposed marriage. Unfortunately, Canadian Visa Office does not issue such certificate. But there is an alternative.

The Philippine Government accepts an affidavit in lieu of a “Certificate of Legal Capacity to Contract Marriage” that is notarized by the Embassy or Consulate of Canada.

Requirements to get an Affidavit in Lieu of Legal Capacity Contract Marriage

your valid Canadian passport or citizenship certificate;

the full legal name, citizenship, and residential address of your future spouse;

if your are divorced or widowed, an original or certified true copy of the final divorce decree or death certificate . All documents presented at the Embassy must be in English or French, or accompanied by an official English or French translation; and

the non-refundable processing fee (CAD 50)

Important Note:

Although there is no validity period indicated on the Affidavit, the Local Civil Registrar may not accept an Affidavit issued more than six (6) months prior to the date of marriage;

Permanent residents of Canada who do not hold Canadian citizenship must obtain a certificate or affidavit from the Embassy or Consulate of their nationality within the Philippines;

Divorce decrees may not be automatically recognized in the Philippines. Canadian citizens who were previously married in the Philippines and are intending to re-marry in the Philippines after obtaining a divorce in Canada (or elsewhere) are advised to seek legal advice or contact the National Statistics Office in the Philippines to confirm procedures on how the foreign divorce decree can be recogniszd and enforced in the Philippines;

The Philippine government may require an official English translation of a divorce decree or death certificate; and

If both parties to the proposed marriage are Canadian citizens, each one must present an affidavit.

After the marriage, you can then start the process to sponsor your spouse. Read about the process here - Fiance Visa.

On Bad Faith Relationships

Citizenship and Immigration Canada Operational Bulletin 238 dated September 30, 2010 specifies an amendment to section 4 of the Immigration and Refugee Protection Regulations.

Section 4 of the regulations provides elements in determining a "bad faith" relationship relating to Family Class sponsorship - spouse and adopted children.

Here's the amended provision:

Amended provision

The amended R4 provision provides for each of the two “bad faith” tests to stand on its own and separates the requirement related to spouses, common-law partners and conjugal partners (R4(1)) from that related to adopted children (R4(2)). The amended R4 provision reads as follows:

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) is not genuine.

4. (2) A foreign national shall not be considered an adopted child of a person if the adoption

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) did not create a genuine parent-child relationship.

4. (3) Subsection (2) does not apply to adoptions referred to in paragraph 117(1)(g) and subsections 117(2) and (4).[Source]

Except for separating the provisions in determening bad faith relationships for adoption and marriages, there's no major changes in the amendment. Citizenship and Immigration Canada is serious in battling marriage fraud.

Then again, how does a Visa Officer determines if the relationship or marriage is not genuine? The burden of proof is with the applicant.

Sponsoring your spouse? Let us help you!

Sponsoring your spouse? Let us help you!

For those asking, we are also providing assistance for Family Class Sponsorship - parents, spouse and kids. Again, there is no fiance visa under Canada's immigration program.

Here's one my clients who was sponsored by her husband.



It took Ms. Michelle R. Gamboa less than 6 months to get her visa. No interview and additional documents were required. The process really went smooth!

Small mistakes cause big problem. Just because you are married, does not automatically guarantee that your application will be approved. We can help you increase your chances of approval.

Fiance Visa? | How to sponsor a spouse or a common-law or conjugal partner to Canada

What are the requirements for fiance visa? How to process sponsorship visa? I have a boyfriend in Canada, can he sponsor me so that I can work in Canada? If we will get married, can my spouse sponsor me?

But is there really a fiance visa program?

No. There is no fiance visa category in Canada's family class sponsorship. Information about application to sponsor spouse under Family Class Program is available for free at http://cic.gc.ca.

A Canadian citizen or a permanent resident of Canada can sponsor his spouse, common-law partner, conjugal partner, dependent child (including adopted child) or other eligible relative (such as a parent or grandparent) to become a permanent resident. There are two different processes for sponsoring your family. One process is used for sponsoring your spouse, conjugal or common-law partner and/or dependent children. Another process is used to sponsor other eligible relatives.

On this post, I'll write about sponsoring spouses or partners.

Sponsoring a spouse or a partner
(The following information were taken from Citizenship and Immigration Canada*)

You can sponsor a spouse, common-law or conjugal partner, or dependent children if you are a Canadian citizen or a permanent resident of Canada. To be a sponsor, you must be 18 years of age or older.

You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met.

You can also apply as a sponsor if your spouse, common-law or conjugal partner, or dependent children live outside Canada, and if they meet all the requirements.

When you sponsor a spouse, common-law or conjugal partner, or dependent children to become permanent residents of Canada, you must promise to support them financially. Therefore, you have to meet certain income requirements. If you have previously sponsored relatives to come to Canada and they have later turned to the government for financial assistance, you may not be allowed to sponsor another person. Sponsorship is a big commitment, so you must take this obligation seriously.

To be a sponsor:

You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative, if necessary. This agreement also says the person becoming a permanent resident will make every effort to support her or himself.

You must provide financial support for a spouse, common-law or conjugal partner for three years from the date they become a permanent resident.

You must provide financial support for a dependent child for 10 years, or until the child turns 25, whichever comes first.

You may not be eligible to be a sponsor if you:

failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past

defaulted on a court-ordered support order, such as alimony or child support

received government financial assistance for reasons other than a disability

were convicted of a violent criminal offense, any offense against a relative or any sexual offense—depending on circumstances such as the nature of the offense, how long ago it occurred and whether a pardon was issued

defaulted on an immigration loan—late or missed payments

are in prison or

have declared bankruptcy and have not been released from it yet.

Note:If you live in Quebec, you must also meet Quebec’s immigration sponsorship requirements, after Citizenship and Immigration Canada approves you as a sponsor.

Spouse

You are a spouse if you are married to your sponsor and your marriage is legally valid.

If you were married in Canada:

You must have a marriage certificate issued by the province or territory where the marriage took place.

If you were married outside Canada:

The marriage must be valid under the law of the country where it took place and under Canadian law.

A marriage performed in an embassy or consulate must comply with the law of the country where it took place, not the country of nationality of the embassy or consulate.

Sponsoring your same-s-e-x partner as a spouse

You can apply to sponsor your same-s-e-x partner as a spouse if:

you are a Canadian citizen and permanent resident and

you were married in Canada and issued a marriage certificate by a Canadian province or territory on or after the following dates:

o British Columbia (on or after July 8, 2003) o Manitoba (on or after September 16, 2004) o New Brunswick (on or after July 4, 2005) o Newfoundland and Labrador (on or after December 21, 2004) o Nova Scotia (on or after September 24, 2004) o Ontario (on or after June 10, 2003) o Quebec (on or after March 19, 2004) o Saskatchewan (on or after November 5, 2004) o Yukon (on or after July 14, 2004) o all other provinces or territories (on or after July 20, 2005).

If you were married outside Canada, you may apply to sponsor your same-s ex partner as a spouse as long as the marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law. This applies to same-se x marriages performed in the following jurisdictions:

• Belgium 
• the Netherlands 
• South Africa 
• Spain 
• the State of Massachusetts.

Common-law partner

You are a common-law partner—either of the opposite sex or same sex—if:

you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:

• joint bank accounts or credit cards 
• joint ownership of a home 
• joint residential leases 
• joint rental receipts 
• joint utilities (electricity, gas, telephone) 
• joint management of household expenses 
• proof of joint purchases, especially for household items or 
• mail addressed to either person or both people at the same address. 

Conjugal partner

This category is for partners—either of the opposite s-e-x or same s-e-x —in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

• you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of: 

o an immigration barrier
o your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
o your sexual orientation (for example, you are in a same-s-e-x relationship and same-s-e-x marriage is not permitted where you live)

• you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other’s country). 

You should not apply as a conjugal partner if:

• You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.) 
• You cannot provide evidence there was a reason that kept you from living together. 
• You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months. 

Relationships that are not eligible

You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:
you are under 16 years of age you (or your sponsor) were married to someone else at the time of your marriage

• you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person 
• your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
• your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident. 

The information above should be enough guide in order for you to have a successful application. Bear in mind, however, that if your marriage was done just for convenience or is just done for the sole purpose of getting a permanent resident status in Canada, there is a great chance that the Visa Officer will know it and your application will be refused. On the other hand, some applications are being refused even if the marriages were genuine due to poor documentation and inconsistent information that were being provided.

To convince the Visa Office that your marriage was not entered into primarily for the purpose of acquiring status or privilege under the Immigration and Refugee Protection Act, here three important things to consider -

Submit the correct forms and provide all the required information. Do not leave any field blank. If it's not applicable, put N/A on it. Be consistent with the information you will provide

Demonstrate strong communication or commitment to the marital relationship and that you are mutually interdependent

Provide verifiable documents to corroborate information that will be provided

Again, there is no Fiance Visa category in the Immigration and Refugee Protection Act of Canada. It's either you get married or submit proof that you are common-law or conjugal partners. Remember though, that getting married, even if legal, does not guarantee a visa!

If you are planning to bring your fiance to Canada, you must get married first and sponsor your spouse.  But if you can't get married due to legal barrier, you may sponsor your spouse if you can establish a conjugal or common-law relationship.  This is the common approach for same-sex partners.

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