Who can be sponsored?
For the motivations behind the family class sponsorship program, a Canadian citizen or permanent Canadian resident can sponsor an outsider to whom they are hitched to, common-law partner or conjugal partner. Same-sex life partners and accomplices are likewise perceived and qualified under these programs and Canadian law. Dependent kids may likewise be supported under this program.
If you are in Quebec and need to sponsor somebody from the family class, you must apply through the Quebec Family Class Program. Toronto sponsorship lawyers are available in cities like Toronto to understand the immigration processes like sponsorship and other laws.
What is a spouse?
A spouse is defined as a person who is legally married to another person. The applicant must be able to provide a marriage certificate issued by the Canadian province or territory if the marriage took place in Canada.
If the marriage took place in a foreign country and is considered valid, then it is valid under Canadian law too. In case of a marriage which took place in an embassy or consulate, the marriage must comply with the laws of the country where the marriage was performed, and not the laws of the nation in which the embassy or consulate is representing. Toronto sponsorship lawyers can help in understanding any complexity faced my couples.
What is a same-sex spouse?
A Canadian citizen or permanent resident can sponsor a same-sex partner as a spouse if:
- The couple was married in Canada and a marriage certificate was issued by a province or territory.
- Same-sex marriages performed outside of Canada are valid if the marriage is legitimately perceived in the country of where it happened as also under Canadian law.
What is a common-law partner?
A common-law partner is defined as a couple living together in a conjugal relationship for a minimum of one year which includes same-sex common-law partners. The couple must have been in a conjugal relationship for a continuous 12-month period that was not interrupted except for short absences for business or family reasons.
What is a conjugal partner?
Couples including same-sex couples, who are unable to qualify as spouses or common-law partners, due to exceptional circumstances beyond their control, fall under this category. A conjugal relationship is considered more than a physical relationship. Conjugal partners must also depend and be committed to each other in a way that is like the level of commitment of a married couple or common-law partners. Toronto sponsorship lawyers, present in cities like Toronto, can help identify the partnership type and recommend a solution based on the complexity of the situation.
Acceptance of a conjugal relationship depends on:
- Maintaining a conjugal relationship with the sponsor for a minimum of one year and could not get married or live together because of circumstances out of their control such as:
o Immigration-related barriers (for instance, one partner is refused long-term stays in each other’s country)
o Marital status (for instance, when you are married to someone else already and divorce is not possible in that nation).
o Sexual orientation (for instance, where a same-sex relationship is not permitted or illegal in the country where the couple was residing).
Couples should not apply as a conjugal partnership if:
- The couple could have lived together but did not, demonstrates a lack of commitment that is necessary.
- The couple cannot provide any proof of why they could not live together.
- Couples who are engaged should wait until the marriage has occurred or at least after 12 months of continuously living together
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