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Spouse or Common-Law Immigration

Spouse, Common-law, or Conjugal Partner

A Spouse is defined as an individual to whom the sponsor is legally married.

  • What if the Sponsor has more than one spouse? In some cultures, one party can be legally married to more than one spouse, and, therefore, the question arises as to whether or not the sponsor can bring all his or her spouses to Canada under the family class?Simply stated, it is illegal to have more than one spouse in Canada. Canada does not recognize polygamy, and under immigration laws permit a person to sponsor only one spouse.
  • 5 years bar to sponsor spouse: If you were sponsored by your spouse and are now divorced. You can not sponsor your next spouse from outside of Canada for a period of at least 5 years. The law is the same for Permanent Residents and Citizens.

Common-Law Partners

A common-law partner can be defined as those parties who are not legally married and have been living together for a consistent period of at least 1 year. In addition, there has to be an intent of living as common-law partners. Although there are a few exceptions, the general rule is that a common-law partner should be living in Canada.

Conjugal Partnership

If for the reason of war, immigration barriers, religion, sexual orientation, or for any other justifiable reason, a couple can not marry but there is sufficient proof of permanence and commitment to each other, and you can prove the relationship’s existence for at least 1 year, the Canadian partner can sponsor the overseas partner under the family class.

Same-Sex Marriages and Relationships

Canada recognizes same-sex marriages and relationships. Canada has given recognition to same-sex couples. As of July 20, 2005, same-sex couples can be legally married in Canada. Same-sex couples, irrespective of the type of relationship categorized above, may qualify for immigration under the family class.

Helping you prepare accurate and complete documentation.

Once it is determined that you are eligible to sponsor your spouse, common-law or conjugal partner, you will need to gather all of the necessary documentation and complete the sponsorship application. This can be an extremely complex process, and it is important to ensure that you have provided all of the required information and documents. An immigration lawyer at the Edmonton Law Office can help you gather and prepare the necessary documentation and ensure that your application is complete and accurate.

If your sponsored spouse, common-law, or conjugal partner is granted a permanent resident visa, they can come to Canada and live with you permanently. However, certain conditions must be met for the sponsorship to be successful.

For example, you must be able to provide for the basic needs of your sponsored spouse, common-law partner, conjugal partner, and any dependent children, and you must meet certain income requirements. Book an initial consultation with us, and we’ll help you to understand these requirements and ensure that you are meeting them.

Professional assistance every step of the way

Edmonton Law Office and its experienced immigration lawyers can provide invaluable assistance to foreign nationals and families seeking to immigrate to Canada through the family class sponsorship program. We’ll help you determine your eligibility, advise you of what documents should be gathered and prepared, and assist you in navigating the various stages of the process, among several other things. With the help of an experienced immigration lawyer in Edmonton, you can increase your chances of a successful outcome toward Permanent Residence and reunite with your loved ones in Canada.

Contact us today for an initial consultation with one of our experienced immigration lawyers.

photo of a young Asian female in a coffee shop, on a video call with her spouse from Canada
The family class sponsorship program allows spouses, common-law and conjugal partners to immigrate to Canada. If you want legal assistance with this process, visit the experienced immigration lawyers at Edmonton Law Office.

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