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Questions of the Immigration

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发表于 3/21/2018 00:21:02 | 显示全部楼层 |阅读模式
Do I become a Canadian citizen when I marry a Canadian?
No. Marrying a Canadian citizen doesn’t give you citizenship.
If you want to become a Canadian citizen, you must follow the same steps as everyone else. There isn’t a special process for spouses of Canadian citizens.
You must meet several requirements to apply for citizenship. You must be physically present in Canada for at least 1,095 days during the five years right before the date you applied. This includes time as a:
  • permanent resident (PR)
  • temporary resident (lawfully authorized to remain in Canada)
  • protected person
Your Canadian spouse can sponsor you to become a permanent resident if you:
  • don’t live in Canada or
  • aren’t a permanent resident
You may apply for citizenship if you:

 楼主| 发表于 3/21/2018 00:51:43 | 显示全部楼层
Getting Married on a Tourist Visa in Canada


MARRIAGE AND IMMIGRATION


BY KALYANI10
Canada has some of the most emancipated laws when it comes to marriage and divorce. It was the first country in North America and the fourth in the world to legalize same sex marriages across the nation. Apart from this, Canada offers a high quality of life which attracts many foreign partners in marital relationships with Canadian citizens. So if you and your sweetheart are planning to getting married in Canada on a tourist visa, here are a few things to keep in mind.

Who can get married in Canada?

Getting married in Canada is an option available to any Canadian citizen or permanent resident who wants to marry a foreign partner. You can get married in Canada if you or your partner is from another country. The person – you or your partner – coming from abroad can arrive in Canada on a temporary visa like a visitor visa and then you can get married in the country. In fact, neither of you need to be a Canadian citizen or permanent resident to get married in Canada and you both can arrive here on visitor visas to get married. This is something that many same-sex couples do since Canada is one of the few countries of the world where same-sex marriages are legally performed. Single-entry visitor visas are normally valid for three months, and multiple-entry visas may be valid for longer periods but ultimately their validity will be determined by the validity of passports of the would-be visitors. However whoever is coming to Canada – you, your partner or both - will need to satisfy all of the immigration rules and only then the person(s) will  qualify for a tourist visa without which one cannot enter the country.

Marriage License

Even though you can get married on a tourist visa in Canada, you still need to be go through the paperwork associated with getting the marriage license and certificate. The first step towards this would be applying for a marriage license in the area where you intend to marry in Canada. You can apply at any Registry Services office or in some cities like Toronto it can be done online. A Canadian marriage license is valid for 90 days from the date of issue. In order to sign the application to marry, you and your partner will have to go together the Registry office along with required documents which if in order your marriage license will be issued that very day.
Among the documentation required for marriage license is one valid piece of ID to prove the person’s identity which may be a Canadian passport, a foreign passport, birth certificate , valid driver’s license or a citizenship card from any country. The ID must be an original copy. You and your partner will also have to supply the full names of your parents including the mothers’ maiden names and all parents place of birth.

An important part of getting the documentation right is to see whether you and your partner are eligible to marry under Canadian law. For this you and your partner need to be single and free to marry as well as above eighteen years of age. If either of you have been widowed you must provide the death certificate of the former spouse and the marriage certificate, both of which need to be written in English or French or translated and signed by a professional translator who must also swear an affidavit to confirm the authenticity. Things become slightly more complicated in case either of you are divorced. If your or your partner’s divorce  took place in Canada, the original copy of your Divorce Decree or a court-certified copy from the court where the divorce was granted must be supplied. If you or your partner were divorced outside Canada, you would need to get an endorsement from the Minister of Government Services before the Registrar will issue the marriage license.

The marriage certificate

Once you get the marriage license, you can get on with arranging your wedding ceremony, which can be religious or civil. If you decide on a religious ceremony you may have to allow for banns to be published. Wherever you marry you will need two witnesses aged 18 or over. At your marriage ceremony, the minister or marriage commissioner presiding over the wedding will fill out the marriage registration forms, which are then recorded at the Division of Vital Statistics. You may be given a Statement of Marriage after the ceremony which will function as a temporary document to prove you are married.  To get your marriage certificate, you will have to apply to the Division of Vital Statistics.

Staying on

While it is possible to get married on a visitor visa in Canada, in order to stay on, the alien vistor(s) will have to submit an application for legal immigration. If you are the overseas partner and you are getting married to a Canadian citizen or resident, then you can apply for spousal visa while your Canadian partner will also have to apply for spousal sponsorship. You can do all this after getting married in Canada on a visitor visa. However if you apply from within Canada, you may not appeal any negative decisions made on your case by Citizenship and Immigration Canada. Their decision would be final and you would have to leave Canada as soon as your visitor visa expires.

Another option is to come back to your home country after getting married in Canada and then apply for permanent residence in Canada. This in turn will require its own set of documents, forms and attestations all of which you can download from the Canadian government immigration site1 or have your Canadian partner send them over to you. Apart from application for permanent residence, you will also need to fill out the forms specific to your region. After you have filled out all the sponsorship, immigration and region specific forms, you need to send them to you Canadian partner with the supporting documents to be processed at CIC.

Thus while it is legally possible to get married on a tourist visa in Canada, staying on is an entirely different matter. Canada has some of the toughest immigration laws and if you don’t fulfill all the requirements in the category you are applying – like spousal visa or professional merit – you may find yourself unable to live legally in the country.

Reference:




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 楼主| 发表于 3/21/2018 01:00:43 | 显示全部楼层
Marrying a Canadian Citizen or Permanent Resident - Immigration Aspects


MARRIAGE AND IMMIGRATION


BY KALYANI10
Canada has a relatively strict set of laws when it comes to immigration. However if you are in a serious relationship with a Canadian citizen or permanent citizen, you have a strong chance of being allowed into the country to be with the one you love. But before you start packing, it may be wise to go through laws and applications processes of spousal immigration to Canada.

Eligibility conditions

In Canada, all applications for immigration are supervised and processed by the government department known as CIC or Citizenship and Immigration Canada. In order to be eligible for immigrating to Canada on the basis of marrying a Canadian citizen or permanent resident, you will first have to see whether you qualify as a spouse. Citizenship and Immigration Canada classifies a spouse as a marriage partner aged at least sixteen years who has legally married a Canadian citizen or permanent resident.

If you and your Canadian partner have got married in your home country or somewhere else other than Canada, then for your marriage to be accepted in Canada, it has to be legally accepted by the civil powers in the country where the marriage took place. Merely having a wedding ceremony – whether according to your own culture or elsewhere - does not signify an officially authorized marriage if it has not been registered correctly with the civil authorities in the country where the marriage took place. Under Canadian law, only a valid Marriage Certificate can confirm that your international marriage is legal in Canada.

Even if you are not yet married to your Canadian partner or you both are in a common law or conjugal relationship, you are eligible of being immigrating to Canada under spousal sponsorship, as long as you have enough Proof of a genuine relationship both ways. This includes letters, postmarked envelopes, copies of emails and of records of online conversations, greeting cards, photos, copy of plane tickets and boarding passes, passports with entry and exit stamps from the country where you or your Canadian partner resides, money transfers and phone bills but not pre-paid cards.
The immigration process

The process of spousal sponsorship for permanent residence in Canada has two different aspects. The first is where the spousal sponsor submits a sponsorship application to Citizenship & Immigration Canada on behalf of his or her foreign spouse who lives abroad for residing in Canada. In other words, your Canadian partner will have to apply to sponsor your arrival and residence to Canada with the CIC. But he or she can do only if he/she intends to marry you and you intend to live in Canada with him/her. Alternatively he/she can also apply, if you are a common-law partner or have been cohabiting together for at least one year. Above all he/she also has to be single and free to marry you, of eighteen years of age at least and of course, a Canadian citizen or permanent resident of Canada, living in Canada. Other than this, he/she needs to attest that he/she is not on any social assistance program, not in default of any previous sponsorship, not bankrupt and not in prison.

The second part of the immigration process has to do with you as the foreign spouse residing abroad completing an application for permanent residence in Canada. This in turn will require its own set of documents, forms and attestations all of which you can download from the Canadian government immigration site1 or have your Canadian partner send them over to you. Apart from application for permanent residence, you will also need to fill out the forms specific to your region. After you have filled out all the sponsorship, immigration and region specific forms, you need to send them to you Canadian partner with the supporting documents to be processed at CIC.

Getting married in Canada

If you wish, you can also get married in Canada but to do this you will have to come to Canada legally. Canada offers many temporary resident visas. Some are study, work, or visit visas. As long as you are approved for stay, you may marry in Canada. However before you set out, make sure you have all documents necessary to be able to get married in Canada. Also keep in mind that just because you can get married in Canada does not mean that you are legally allowed to stay on. You will still have to submit an application for legal immigration and your partner will have to apply for spousal sponsorship.

Where to submit your application?

You can submit your application for immigration both from within and outside Canada. In case of the latter, both you and your spouse must be present in Canada. However if you apply from within Canada, you may not appeal any negative decisions made on your case by Citizenship and Immigration Canada. Their decision would be final and you would have to leave Canada as soon as your temporary visa expires.

If your Canadian partner applied from outside of Canada and it was rejected, he/she may appeal the decision. If the appeal is accepted, CIC will process your file again. You may also reapply if you have new information that will strengthen your case or you have overcome the reasons of why your application was refused the first time. If you applied from within Canada,
The final stage of the immigration process would be the granting of permanent residence to you. You would have to live in Canada for three out of four years in order to qualify for Canadian citizenship. Once the residency requirement is complete, you will be eligible to apply for the right of citizenship. Once your application is approved, you will be called for a citizenship test. You not need to write the test if they are over the age of 55. This is a test of your language abilities and knowledge of Canada. Upon passing the citizenship test, you would be invited to attend an oath of citizenship ceremony in which you would be given their citizenship certificate.

Reference:





 楼主| 发表于 3/21/2018 01:06:38 | 显示全部楼层
Inland Sponsorship in Canada
If you are a Canadian citizen or permanent resident, and your spouse or partner is only a temporary resident (in Canada on a visitor visa, study permit, or work permit) you can sponsor your partner or spouse to become a permanent resident through spousal sponsorship.
Inland Sponsorship is a slightly different process than sponsorship of a spouse or partner who is outside Canada, though the requirements are mostly the same. To learn more, check out Immigroup's Family Class Sponsorship page.
[size=1em]Learn More
If you and your spouse are applying for inland sponsorship, you or your spouse - whoever is the non-Canadian - may also be eligible for a work permit, once the Canadian sponsor is approved.

Sponsorship Review
Immigroup will review your completed spousal sponsorship application for $550+HST. Immigroup will make sure you have not made any mistakes on your application or in gathering the documentation of your relationship. We will assess your sponsorship letter and give you peace of mind that you are submitting an application with a very good chance of success. Don't lose sleep at night worrying about whether you've done enough. Call us at 1-866-760-2623 for a review.

 楼主| 发表于 3/21/2018 01:08:31 | 显示全部楼层
HOW LONG DOES PARTNER SPONSORSHIP TO CANADA TAKE?
As a Canadian citizen or a permanent resident of Canada, you have the ability to bring your foreign partner to live with you in Canada and obtain permanent residency. This is called spousal sponsorship.
First, you’ll need to understand who is eligible to be a sponsor and who is eligible tobe sponsored.
Sponsor requirements
In order to sponsor a partner, you:
●Must be at least 18 years old.
●Must be a permanent resident of Canada.
●Cannot have sponsored a spouse within the last five years.
●Must sign a financial agreement stating that you will be financially responsible for your spouse for a period of three years.
●Must not be under a removal order.
●Must not be in prison.
●Must not have been convicted of any sexual crime.
●Must not have been convicted of a violent crime that carries a punishment of more than 10 years imprisonment.
●Must not have been convicted of a crime that involves bodily harm to a relative or partner.
●Must not have defaulted on a previous sponsorship.
●Must not be in default of any court-ordered support payments.
●Must not have an undischarged bankruptcy.
●Must not be a recipient of social assistance other than for a disability.
Categories of spousal and partner sponsorships
Partner relationships are defined in several ways in relation to the immigration process.
These are:
●A MARITAL RELATIONSHIP.
The marriage will be recognized by Canadian immigration authorities as long as the marriage was legally performed in any country and it is consistent with the laws of Canada. A valid certificate of marriage will need to be supplied for verification.
●COMMON-LAW PARTNERSHIP.
A common-law partnership constitutes two adults who have been living together in a marriage-like relationship continuously for one year. This relationship has the same legality as a traditional marriage in terms of immigration. The sponsorship process for a common-law partnership is more complicated because evidence must be provided in the form of shared bills or a lease or rental agreement with the names of both parties.
●CONJUGAL PARTNER RELATIONSHIP.
A conjugal partnership describes two adults who have been in a marriage-like relationship but whom circumstances have not allowed to live together continuously for one year. In terms of immigration, the difficulty in this type of relationship is proving that the relationship is truly marriage-like. It’s also necessary to give a valid enough reason as to why residing together has not been an option. This will only be considered if there are real reasons the couple cannot live together and is not merely based on convenience. Authorities will need to see proof that the coupling is not a sham for the purpose of Canadian citizenship.
Length of the process
The spouse or partner sponsorship process usually takes approximately one year to gain final approval.
The processing time is dependent on the workload that the visa or immigration office is experiencing, as well as how complete the application is. Missing or confusing information can delay the approval.
It is always in your best interest to find a qualified immigration attorney to help you through the process.


 楼主| 发表于 3/23/2018 00:47:43 | 显示全部楼层
Who can apply to sponsor spouses, partners or children
Who can become a sponsor
You can become a sponsor if you are:
  • at least 18 years old
  • a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:
    • If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative(s) become(s) a permanent resident.
    • You can’t sponsor someone if you are a permanent resident living outside Canada.
  • able to prove that you are not receiving social assistance for reasons other than a disability, and;
  • can provide for the basic needs of any person you are sponsoring (and in some limited situations, that you meet the low-income cut-off).
Note: There is no low income cut-off (LICO) for spouse, partner or dependent child sponsorships, unless a dependent child also has one or more dependent children of their own. If a dependent child you are sponsoring has one or more dependent children of their own, you must include a Financial Evaluation (IMM 1283) form with your application (see your checklist for more details).
Read more about eligibility requirements in the Complete Guide.
Who can’t become a sponsor
You can’t be a sponsor if you:
  • have failed to pay:
    • an immigration loan
    • a performance bond
    • family support payments
  • have failed to provide for the basic needs of a previously-sponsored relative who received social assistance
  • are under a removal order
  • are in a penitentiary, jail, reformatory or prison
  • receive social assistance for a reason other than a disability
  • are still going through the process of bankruptcy (undischarged bankruptcy)
  • were sponsored by a spouse or partner and you became a permanent resident less than five years ago
  • sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident
  • have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet
  • were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative—or you attempted or threatened to commit any of these offences
Who you can sponsor
To be eligible for permanent residence, the principal applicant and any dependants must not be inadmissible to Canada.
You can sponsor a:
Spouse, common-law partner or conjugal partner
You can sponsor your spouse, common-law partner or conjugal partner if:
  • they are at least 18 years old
  • your relationship is genuine (real) and wasn’t entered into just to get permanent resident status in Canada
If your spouse or common-law partner is applying in the Spouse or Common-law Partner in Canada class, they must already co-habit (live) with you in Canada.
Important: A conjugal partner is, in relation to a sponsor, a foreign national residing outside Canada who has been in a conjugal relationship with the sponsor for at least one year. A foreign national residing inside Canada cannot be sponsored as a conjugal partner.
Dependent child
If you’re sponsoring a spouse or partner, any dependent children should be listed on their application forms. If you are sponsoring one or more dependent child(ren) as the principal applicant(s), you must submit a complete set of application forms and documents for each child.
Note: Canadian citizens can’t be sponsored. If you have a child who was born after you became a Canadian citizen, or your child was born in Canada, they might be a Canadian citizen. For more information on dependants who may be Canadian citizens, see Step 5 below.



 楼主| 发表于 3/24/2018 14:50:39 | 显示全部楼层
Immigration and refugee act 2001

  • 34 (1) A permanent resident or a foreign national is inadmissible on security grounds for
o    (a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests;
o    (b) engaging in or instigating the subversion by force of any government;
o    (b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;
o    (c) engaging in terrorism;
o    (d) being a danger to the security of Canada;
o    (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or
o    (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c).

 楼主| 发表于 3/24/2018 14:53:26 | 显示全部楼层
Human or international rights violations

  • 35 (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for
o    (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
o    (b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act;
o    (c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association;
o    (d) being a person, other than a permanent resident, who is currently the subject of an order or regulation made under section 4 of the Special Economic Measures Act on the grounds that any of the circumstances described in paragraph 4(1.1)(c) or (d) of that Act has occurred; or
o    (e) being a person, other than a permanent resident, who is currently the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).

 楼主| 发表于 3/24/2018 14:59:00 | 显示全部楼层
Serious criminality

  • 36 (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
o    (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
o    (b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
o    (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

 楼主| 发表于 3/24/2018 15:14:04 | 显示全部楼层
Financial reasons
39 A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

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