Can We Apply Spouse Visa For Canada

As per Canada law, you need to pass a test to confirm that you are eligible to immigrate as a spouse. The questions in the spousal visa test include: knowing personal information you and your partner, family values, and checking registry of criminal records.

Can We Apply Spouse Visa For Canada

Canada is perhaps one of the most sought after countries to immigrate to. The country has a positive perception and friendly relations with many other nations. If you are skilled, you can migrate there under specific streams. If you are a student who wishes to get permanent residency in Canada, the student visa may be your option. Spouse visas are also great options for spouses.

I came across this difficulty where my wife had her visa rejected. While the disappointment was at its peak, I contacted Wojtek Apsan, a well experienced person in visa law field and he explained me how can this problem be resolved. I would like to share my experience with you because it may help you out of your current difficulties.

A spouse visa lets one immigrate to Canada and stay there on the basis of his or her marriage. This means that one can live in Canada as long as he or she is married to a Canadian citizen or a permanent resident of Canada, who can help him or her apply for the visa or who may be able to sponsor his or her permanent residency later.

Sponsoring your spouse or common-law partner who lives with you in Canada

You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada.

Your spouse or common-law partner must either

  • have valid temporary residence status or
  • be exempt from needing this status under a public policy that was set out in 2005

Under the public policy, a person without temporary resident status can be sponsored as a spouse or common-law partner in Canada only if they are inadmissible because they

  • overstayed a visa, visitor record, work or student permit
  • worked or studied without being legally allowed to
  • entered Canada without a visa or other document that was required
  • entered Canada without a valid passport or travel document (as long as they have valid documents by the time they are granted permanent residence)

If your spouse or common-law partner is inadmissible for other reasons, they’re not covered by the public policy. In that case, they should resolve the situation that made them inadmissible before applying.

Your spouse or partner may be eligible for an open work permit. For more information, see the section about Working and studying for spouses and partners below.

Important information: if your spouse or partner is already working or studying in Canada and would like to continue, they must apply for an extension before their work or study permit expires.

Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.

If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.

If your spouse or partner can’t return to Canada, you must submit a new overseas sponsorship application.

Working and studying – spouses and common-law partners in Canada

If your spouse or common-law partner already has a work or study permit, they may continue to work or study as long as the permit is valid. It is illegal to work or study without authorization from IRCC.

Can my spouse or partner work in Canada?

If your spouse or common-law partner already has a work permit, they may continue to work as long as the permit is valid.

If your spouse or common-law partner is living in Canada with you and is applying as a member of the Spouse or Common-Law Partner in Canada class, they can also apply for an open work permit when they apply for permanent residence. They must include a completed Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form [IMM 5710] (PDF, 484.21KB) and the correct fee, explaining that they are applying for an open work permit.

If your spouse or common-law partner has already submitted an application for permanent residence but hasn’t applied for an open work permit, they can submit a completed IMM 5710 and the correct fee to this address:

  • Case Processing Centre in Edmonton
    Immigration Refugees and Citizenship Canada
    c/o Work permits for spouses or common-law partners, Station 777
    9700 Jasper Avenue NW, Suite 55
    Edmonton, AB T5J 4C3

For more instructions, see Extend or change the conditions on your work permit. You can’t apply online.

See the Help Centre for information, including processing times, about Open work permits for spouses and partners.

Can my spouse or partner study in Canada?

If your spouse or common-law partner already has a study permit and wants to keep their temporary resident status as a student, they may submit an Application to Change Conditions, Extend my Stay or Remain in Canada as a Student form [IMM 5709] (PDF, 488.83KB). See the guide for more instructions.

Otherwise, we will advise your spouse or common-law partner in writing when they’re eligible to apply for a study permit.

Sponsoring your dependent children

You can sponsor your dependent children outside Canada who meet the following definition:

Definitions of dependent children

Not sure if your child is a dependant? Check if your child qualifies by answering a few questions.

Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the day we receive your complete application:

  • They’re under 22 years old, and
  • They don’t have a spouse or common-law partner

Children 22 years old or older qualify as dependants if they meet both of these requirements:

  • They have depended on their parents for financial support since before the age of 22, and
  • They are unable to financially support themselves because of a mental or physical condition

With the exception of age, dependants must continue to meet these requirements until we finish processing your application.

If your child’s age was locked in on or before October 23, 2017, a previous definition of dependent children may apply.

Important: If the person you are sponsoring (or their child) has one or more children in the sole custody of their other parent, you must still declare the child in the application. Even if there’s a written agreement or court order to show that the sponsored person doesn’t have custody or responsibility, you must list the child on the application and this child must do a medical exam. Doing this gives the sponsored person the possibility to sponsor their child as a member of the family class in the future, when there may be changes to the custody or living arrangements. If a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.

The person you’re sponsoring has a child in the sole custody of a previous spouse. Do they need to include this child in their application?

Yes. Children in the custody of a previous spouse or partner are considered dependent children.

Even if there’s a written agreement or court order to show that the sponsored person doesn’t have custody or responsibility, you must list the child on the application and this child must do a medical exam.

Doing this gives the sponsored person the possibility to sponsor their child as a member of the family class in the future, when there may be changes to the custody or living arrangements. Also, if a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.

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