The two-year conditional permanent resident status for sponsored spouse is now lifted

The two-year conditional permanent resident status for sponsored spouse is now lifted.  This change applies to anyone who was subject to the requirement, as well as to new spouses and partners who are sponsored as permanent residents.

If I live outside Canada, may I sponsor my spouse?

There are two types of Sponsorship Application for spouse, one is for those whose spouse is living with the sponsor and the other is for those whose spouse is living outside Canada.  There are different application forms for each type and there's a different processing time.  Now, the question is this: Is the sponsor living outside Canada eligible to sponsor from outside Canada?

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. 

Happily Ever After: Ms. Carol and Ms. Denise's Story

I have a client who recently landed in Quebec as a permanent resident under the Family Class Sponsorship - Conjugal Partner (Same-Sex Partners). We've actually processed several cases of same-sex partners under the Federal Skilled Worker program and Provincial Nominee Program, but this is the first case we've handled under the Family Class Sponsorship.  It's a tough process, I must say.

The Lovely Couple, Ms. Carol and Ms. Denise, at Ottawa River

Ms. Carol Manuel visited our office a couple of years ago to consult about her case. She is into a same-sex relationship with a Canadian citizen based in Quebec.  Her partner, Ms. Denise, wanted to sponsor her under the family class sponsorship program and they have actually consulted several consultants and immigration lawyers prior to our meeting.  They knew that it's not going to be easy. But after explaining the process, the fees and other stuff, they decided to get our services.

After getting the needed information about their relationship - as a matter of procedure and policy before accepting her case - I was convinced right there and then that this couple is so in love and that there is no doubt that their relationship is real - the emotional and financial inter-dependence is so obvious.  They were so in-love and committed to each other, their distance is never a problem.  They literally talk and see each other daily via webcam and they've been doing it for more than a year already!   



Canada respects and recognize the rights of  Lesbian, Gay, Bisexual, Transgender (LGBTs) and its immigration program also provides provision for these cases.  But it isn't that easy to get approval for this kind of cases.  You need to submit the right documents and information.

Deputy Nycole Turmel (center) with the lovely couple

Sometimes, you also need to be assertive - get help from the MPs if necessary. Otherwise, your application will simply be refused on the grounds that the visa officer is not convinced that the relationship is genuine.  In their case, Deputy Nycole Turmel made sure that the Visa Office in Manila is properly handling their case, she went out of her way to contact the Visa Office and really talked to Ms. Carol and Ms. Denise.  Or maybe that is the standrad to be expected from a public servant in Canada. But just the same, I can say Deputy Nycole Turmel is one great public servant.

It took more than a year before Ms. Carol received her visa. She was asked to explain details about the relationship during the personal interview. They questioned the limited period they lived together, among other things.  The processing of Japan Police Certificate also added to the delay. Ms. Carol also have to repeat the medical examination becasue the first medical examination result already expired due to the delay in processng.

During the period of waiting, they were understanbly anxious of what the next requirement would be or the decision that the visa officer will make.   

Ms. Carol with Ms. Denise and her Mom

Despite the challenges and delays, Ms. Carol and Ms. Denise never gave up.  Evertime Ms. Carol tells me she's worried, I always assure her that it's going to be ok.  We do not guarantee approval of application but I was so confident with this case because I believe they really love each other and they deserve to be together.  I met Ms. Denise during one of her visits in the Philippines and I saw how she really care for Ms. Carol.

Ms. Carol at home with her new family in Quebec

And just like a fairy tale, Ms. Carol and Ms. Denise now happily live together in Quebec.  So for those asking if it's really possible for same-sex partners to apply under the Family Class Program, you've just got the answer.  

Two-year conditional permanent residence for Sponsored Spouse

It its serious effort to combat marriage fraud, Citizenship and Immigration Canada introduced a new regulation that requires certain sponsored spouses to live in together with their sponsor in a legitimate relationship for two years. Failure to meet this requirement will risk losing their permanent resident status.

“There are countless cases of marriage fraud across the country,” said Citizenship, Immigration and Multiculturalism Minister Jason Kenney. “I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system. Sometimes the sponsor in Canada is being duped and sometimes it's a commercial transaction. Implementing a two-year conditional permanent residence period will help deter marriage fraud, prevent the callous victimization of innocent Canadians and help us put an end to these scams.” 

 Read the news release from Citizenship and Immigration Canada website.

Mr. Patrick Ng | 5 months processing period for spousal sponsorship

Mr. Patrick Ng with Vangie Naron and Riza Lomocso

Citizenship and Immigration Canada is now implementing stricter rules for Spousal Sponsorship.  They are seriously cracking down those involved in marriage fraud.  Sometimes, even the relationship is genuine and all that, applicants are being refused mainly because of poor documentation.  This can be avoided.

In the case of Mr. Patrick Ng, his application was processed within 5 months only.  Canadian Immigration Consultancy does not tolerate marriage fraud and is not accepting cases we deemed unreal.  But if we accepted your case, we will guide you properly to get a higher chances of approval. You can bank on our track record.  

Glaiza Diaz | Sponsored by Spouse

Ms. Glaiza Diaz will soon be joining her husband in Canada after about 6 months processing.  She was sponsored by her husband under the Family Class program.  For those still asking if Canada has Fiance Visa program, there is none. 

If you need assistance for spousal sponsorship, email me - aapuntar@go2canada.com.