SPOUSAL APPLICATIONS WITHIN OR OUTSIDE CANADA
If you are a citizen or permanent resident of Canada you can sponsor your:
to immigrate to Canada.
If you sponsor a family member to immigrate to Canada, you must provide proof that you can:
There are situations where you should ask for ANNULMENT rather than DIVORCE if your marriage was never consummated.
Either application be processed out of Canada or within for people on work permit or student visa, needs experience and prudence on a case by case basis.
For spousal Applications processed out of Canada, there is an automatic appeal right to Immigration Appeal Division. However, for spousal applications within Canada, there is no appeal rights except you may go to Federal Court for judicial Review within 15 days from the receipt of decision. JR is an expensive process and positive results are very few. However, any serious breach by public bodies can be reviewed by Federal Court of Canada.
Q. My ex wife landed 4 years ago. Can I remarry and sponsor from back home.
A. Yes. You can. You are barred for 3 years and your ex is barred for 5 years from "her" landing date.
Q. I need to sponsor my wife from back home. Do I need medicals and police clearance right away.
Q. I want to sponsor my wife from back home. She has 2 kids 19 and 20. Can I sponsor kids as well.
A. Kids under 19 are OK to sponsor. You may file a separate application under section 25 for 20 years to be considered. Please ensure your ex has full custody and allowed to take the kids out of the country by the COURT.
Q. My finance is 20 years old from India. I am 18 years old and in Canada. Can I marry.
A. Its not legal but if you do; under HAMA(Hindu Marriage Act) it is VOID but not voidable. In other words you
could but you can face problems.
Q. My husband is 25 years old and I am 35. I have a daughter who is 10 years old. Any issues in sponsorship.
A. Yes. There is a technical issue. Between your male spouse and female child there must be 20 years age difference.
Q. My daughter is on ODSP. How would CIC look at her case?
A. CIC will use 2 prong test; genuineness of the marriage and intention of the foreign national i.e spouse back home. ODSP itself is not a problem as long it is due to disability. However, sponsor may be caught with another issue called Capacity to consent. It would be severe but it can happen.
Q. I want to sponsor my wife from India and I have been convicted for assault against someone.
A. Its serious stuff. Assault causing bodily harm in crown conviction disclosure would be important to look at.
Please ensure you look at IRPA in depth and consult a criminal lawyer before making such a decision because you don't want to get caught by MISREP.
I HAVE SEEN CASES WHERE CIC REFUSED BECAUSE OF NON DISCLOSURE i.e criminal convictions and or had applied earlier for visitor visa and or student visa. ITS your duty to review the application in its entirety.
otherwise results could be devastation.
Spousal Application Forms can be found on: www.cic.gc.ca
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