WHAT IS SPOUSE VISA?
Spouse Visa is amongst the most applied visas in the country. Canada is one of the countries in the world which have ever been immigrant friendly. It doesn’t come as a surprise that the Government of Canada receives thousands of applications from India on a yearly basis to live and work there. Family Sponsorship is one of the popular immigration methods besides the point based Express entry program. Under this category, the primary applicant can sponsor certain relatives provided the candidate satisfies the criteria set by the Government of Canada. The regulations allow the candidate to sponsor eligible relatives if he is 18 years of age, and is either a Citizen, Permanent Resident or a registered person in India as an Indian under the Canadian Indian Act. The sponsored family members can include either of Spouse, partner or dependent children, Parents and Grandparents, Biological or adopted children or Children or Grandchildren. Another important criterion of family sponsorship is the applicant should be able to support them financially and ensure that they don’t require any assistance from the government.
The Spousal sponsorship is one of the most sought-after categories under the Family sponsorships that pass through the immigration office. Though there are a number of factors that influence the processing times for the spousal visa, the most important one is the number of applications received and the place it is processed. Processing time of the Spousal Visa as of April 2018 was an average of 12 months, however, it can never be always guaranteed and vary from case to case.
RULES TO OBTAIN CANADA SPOUSE VISA FROM INDIA
In order to enable your spouse to have a legal entry, there needs to be followed a couple of rules to obtain the spouse Visa. These rules need to be abided by in order to receive the necessary nod of approval for a spouse visa for Canada from India. It depends on the applicant’s personal details such as Age, Nationality and Financial Status
ELIGIBILITY TO APPLY CANADA SPOUSE VISA FROM INDIA
An applicant can sponsor his spouse or a partner provided he fulfils the following criteria:
1. The applicant is minimum 18 years old.
2. As already mentioned before he needs to be a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act. At the time of application, if the applicant is staying outside he needs to show about his intent to live in Canada when the sponsored persons become permanent residents.
3. The applicant should be responsible for financially taking care of the persons sponsored.
However, it should be noted that the applicant is not eligible to sponsor someone if he is a permanent resident living outside Canada. Besides, he needs to prove that he is not receiving any government assistance other than any disability. Other than that the applicant has to take care of the following guidelines:
i) He cannot sponsor anyone in case he is a permanent resident living outside Canada.
ii) Ensure that the applicant is not receiving any financial assistance for reasons other than a physical handicap.
iii) Responsible for financial needs of the sponsored candidate often referred to it as an undertaking. The sponsorship agreement or the Undertaking ensures that the basic needs of the spouse are met, your spouse shall be self-sufficient to support along with the family members.
NOTE: The applicant needs to complete and sign a form including the undertaking and sponsorship agreement
Though in most of the cases, one doesn’t need to show an income requirement to sponsor a Spouse or a partner. The only proof needed is that the applicant has enough funds to meet the requirements. There are however cases when an applicant needs to show the funds requirements if he is sponsoring a child having dependent children of his own. Financial form instructions reveal the funds required to meet the needs and the instructions to complete the form. The form is a part of the whole application package.
The income requirement varies with the region the applicant is residing at. The blog discusses the requirement eligibility from a regional perspective.
The applicant needs to adhere to Quebec’s immigration sponsorship requirements following his approval as a sponsor. Again as always, the candidate needs to sign an undertaking with the Quebec province. The ministry is authorized to assess your income.
However, any applicant who needs to file for a spouse visa for Canada from India (3)needs to understand the following conditions which make him ineligible.
CONDITIONS THAT RATE YOU INELIGIBLE FOR SPONSORSHIP OF SPOUSE
Though the sponsorship of a spouse or a legal partner is not complicated, however, an applicate might lose eligibility. Other than the conditions pertaining to age, residency status and financial status which have already been mentioned before there are other factors that might make you ineligible to apply.
1) The applicant has already applied to sponsor the spouse, and the decision has not yet been made
2) Sponsored by a spouse or partner and the applicant became a permanent resident less than 5 years ago
3) The applicant is still bearing the responsibility for a previous sponsored spouse or partner making him bound to take care of this person.
4) Criminal record of the candidate.
5.) The applicant is unable to payback an immigration loan, a performance bond and a court-ordered support payment.
6) Inability to provide the promised support during signing off the sponsorship agreement.
7) Declared Bankruptcy and not discharged
8) Availed social security for a reason other than disability.
In order to enhance the chances of approval of spouse visa for Canada from India(4), it is essential to adhere to the regulations by the Canadian Government or otherwise face the consequences of being getting rejected.
CRITICAL FACTORS AFFECTING THE PROCESSING TIMES – CANADA SPOUSE VISA FROM INDIA
1.LOCATION : The processing times for the spousal sponsorship varies with the applicant’s country of residence. The candidate from India thus is advised to browse the IRCC site for information about the processing times.
2.APPLICATION FORM STATUS : In order to avoid delays in the processing times, the applicant should ensure that all the documents required by the IRCC are submitted. It is the need of the day to hire an ideal immigration consultant who can provide the necessary guidelines.
3. NUMBER OF APPLICATIONS RECEIVED : The spousal application is most likely to be processed in a faster time in case fewer applications are received. Usually, Canada is one of the favoured countries with Indians and numerous applications are filed every year leading to longer processing times.
CANADA SPOUSE VISA FROM INDIA – FREQUENTLY ASKED QUESTIONS(FAQ’s)
Though the conditions for applying may vary according to the country, yet there are some common similarities with others when it comes to filing the application for Spouse Visa for Canada from India.
Q1) What are my options and how do I go about this process?
Ans: Under spousal sponsorship, either member either husband or the wife can apply. However, in case of common law partners refers to the person in a relationship with the opposite or same-sex has done it for a couple of years
The conjugal partners refer to a relationship between two individuals with a married like a relationship but are not married and not lived together for a period of at least a year due to justified reasons.
CONDITIONS OF APPLICATION IN COMMON LAW PARTNERS
The applicant needs to present proofs of any or some of the documents like
Joint bank accounts or credit cards, Joint ownership of a home, Joint residential leases, Joint rental receipts, Joint registration or payments of utilities (electricity, gas, telephone).
CONDITIONS OF APPLICATION IN CONJUGAL PARTNERS
In order to apply as conjugal partners, the applicant has to come up with a valid reason for not having stayed together.
CANADA SPOUSE VISA FROM INDIA – IMMIGRATION OPTION FOR FIANCE
One of the other commonly asked questions is how to sponsor a Fiance on the Family visa as the person doesn’t come under the scope of a loved one and cannot be sponsored as a Permanent resident. However, the individual can be considered for a temporary resident visa or a Visitor Visa. The advantage of a visitor’s visa is that in case the sponsored candidate is from the list of the exempted countries, she may not require a temporary visa.it shall enable the individual to reside in the country for at least 6 months without being required to exit. Any longer stay would require the necessary permission. The list of the countries is available in https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/entry-requirements-country.html.
Also, the fiance can be sponsored through a common-law relationship by living together for a minimum of 12 months. The requirements have already been discussed in detail above.
Q2) What is the normal processing time by the CIC?
Ans. The processing time for Spouse Visa for Canada from India (8)varies between 6-12 months, however, it can vary from case to case.
Q3.) What is my best option in case I don’t have the listed documents needed for the spouse Visa?
Ans. There are chances that the case might be rejected or you might be needed to produce any other documents that can substitute the required ones.
Q4.) Is it mandatory to provide police verification during application time?
Ans. No, it is not required upfront and the candidate needs to produce it in 1-2 months after the application submission
Q5) Who would require the police clearance?
Ans. It is only the Applicant and child.
Q6) Under what circumstances that my application can be rejected?
Ans. It is needed that all the documents are genuine and original. This is the only aspect that CIC pays attention to while assessing your application.
Q7) What kind of questions can be asked during the interview?
Ans. There can be a range of questions that can be asked during the interview. The main intent is only to establish a genuinely of the relationship. Some common questions asked are:
1. Where did you meet your spouse?
2. What is the date of birth of your spouse?
3. What profession is your souse in?
4. How much is your spouse qualified?
5. Explain the relationship with your spouse.
6. Where does your spouse live?
7. Was your marriage arranged?
8. Do you have pictures from the ceremony?
9. Do you support your spouse financially?
10.Explain why this marriage is genuine
Q8.What should your checklist consist of?
Ans. The checklist should most importantly include the individual sponsored, the residency information of the candidate being sponsored, necessary documents such as Passport, birth certificates, Marriage or other identification cards.
Q9.How should one pay the fees?
Ans The fees can be paid through a Credit or a debit card online.
Q10.How are processing times calculated?
Ans. The processing times are calculated from the day of receipt of the application to the final decision on the application. The time of processing is calculated taking into consideration the transit and the delivery time on top of the processing time. Also, the time of application varies according to the region where one lives. The time your application will spend travelling to and from IRCC will vary depending on where you live.
INSTRUCTIONS TO AVOID DELAY IN PROCESSING OF CANADA SPOUSE VISA FROM INDIA
i)Read the instructions carefully
ii)Carefully fill the Application form following instructions.
iii)Include all the required documents as listed on the checklist
iv)Pay the correct Fees
v)Kindly note that medical and security screening takes the longest times and one should plan accordingly.