In the context of family reunification, the relationship maintained by the resident or the citizen with the foreigner must be authentic and not primarily aim at the acquisition abroad of an immigration status.
The burden of proof lies with the foreign national, who must convince the decision-maker of the good faith of his or her relationship when filing a complete file.
In the family class for spouses, whether married or common-law, there are two types of applications: those made within Canada and those made outside Canada. In both cases, of course, the relationship must be in good faith. Its authenticity is under heavy scrutiny when assessed by the examining immigration officer.
Apply from within Canada
An application made within Canada is a prescribed class that allows a foreign national to be granted residence on the basis of their relationship (common-law or married spouses) with a citizen or permanent resident. This application is open both to foreigners in temporary status valid in Canada and those in an irregular situation. The decision is made in two stages: (1) the ability of the permanent resident or Canadian citizen to sponsor and the acceptance in principle resulting therefrom and (2) the admission.
Because processing times can be quite lengthy, the federal government has put in place a pilot program to join with the submission of a sponsorship application from within Canada, an application for an open work permit for the sponsored spouse, insofar as the latter has a valid temporary status in Canada.
Apply from outside Canada
An application from outside Canada is also a regulatory category that further includes “marital partners”. The foundation remains the good faith of the relationship and the intention of the applicants of living together. In return, the foreigner is generally not entitled to a work or study permit as part of the process. Foreign nationals may have to stay outside of Canada if that is already the case. An applicant may also remain in, leave and re-enter Canada if he has a valid status and temporary resident visa.
A solution for parents and grandparents
Can’t wait to see your family in Canada? A super visa lets you visit your children or grandchildren for up to 2 years at a time. It is a multi-entry visa that provides multiple entries for a period of up to 10 years. Most applications are processed within weeks.
- Be the parent or grandparent of a Canadian citizen or a permanent resident of Canada;
- Have a signed letter from your child or grandchild who invites you to Canada that includes: a promise of financial support for the length of your visit, the list and number of people in the household of this person and a copy of this person’s Canadian citizenship or permanent resident document;
- Have medical insurance from a Canadian insurance provider that is valid for at least 1 year from the date of entry, provides at least $100,000 coverage; and
- Have proof that the medical insurance policy has been paid (applications alone are not accepted).
- Most applications are processed within a few weeks or less;
- Much faster processing time than a sponsorship application;
- The visa is valid for 10 years;
- Allows you to stay in Canada for up to two years at a time;