Author: David Aujla
-
Can I switch between spousal, common law and conjugal, once I have applied?
When applying, applicants must indicate the category in which they are applying for immigration to Canada. Conjugal partners, common-law partners and spouses are all specific categories with specific requirements. There is no requirement for immigration officers to automatically re-assess an application by considering such an application in terms of a different relationship between the applicant…
-
Assessing a Non-Genuine Marriage
Have you ever wondered how immigration officers conclude that a marriage is non-genuine? Officers must be satisfied that a genuine relationship exists. A marriage, common-law or dependent child relationships which are not genuine (or undertaken for the purpose of acquiring immigration) will be refused and officers are instructed to carefully examine documents that are submitted…
-
What does CIC consider to be non-routine spousal case?
The posted processing times for spousal applications reflect generally the time taken to process about 80% of the files received by CIC. The remaining 20% are considered “non-routine” and the delayed processing times can be attributed to a number of reasons. Here are some reasons CIC cites as to why cases can take longer to…
-
What type of marriages does CIC recognize?
I had a query from an individual who wanted to know whether a proxy marriage would be recognized by CIC. Because CIC refused his fiancée a visitor visa to Canada, he had thought that a proxy marriage might work to speed up sponsorship. In short, proxy marriages are not recognized by CIC- which brings up the question of what marriages…
-
Spousal Sponsorship Interview Questions
Although officers are told generally to waive interviews wherever possible, occasionally applicants and their spouses will be asked to attend an interview where a marriage of convenience is suspected or facts appear inconsistent in the presentation of the application or if there has been a third party report on the credibility of the relationship. If…
-
Why Not Conjugal?
I was just consulted by an American who had received a CIC letter refusing a conjugal sponsorship application filed by her. In part the immigration officer had written: “I am not satisfied that you and your sponsor have maintained a conjugal relationship for at least one year as per section 2 of the Regulations. Canadian…
-
What is an “Adoption of Convenience”?
Recently a client who was sponsoring her foreign national spouse asked about the possibility of bringing a young, 10 year old niece of the foreign national spouse into Canada as well. Apparently, the young girl’s father had left at birth, the mother was an addict and the niece was being raised by her grandmother. With…
-
What does CIC look for in a bona fide relationship?
RELATIONSHIP CHARACTERISTICS The following characteristics must be present in all marital, common-law or conjugal relationships: You must have a mutual commitment to a shared life; Your relationship must be exclusive in that you cannot be in more than one conjugal relationship at a time; Your relationship must be intimate – commitment to sexual exclusivity; You…
-
Common Law Partners
With the revamping of the Immigration Laws in 2005, the scope of Family Sponsorship expanded so that not only can married spouses sponsor each other for immigration to Canada, but also common-law partners, same-sex partners and conjugal partners are considered members of the family class. Whereas previously, same-sex and common-law partners could only apply under…
-
Conditional Status for Two Years
Question: I was recently asked by a client as to whether he had to remain in Canada to ensure he was not in violation of his two year conditional permanent status since he had been recently sponsored by his Canadian resident wife. He was worried that he would be in breach of the two year…