Here is how to apply for Canada Spouse Visa from India
Canada is expanding on a daily basis as a result of the influx of immigrants willing to work and contribute to the economy and society. As the globe becomes more interconnected, more inter-marriages will occur, and as Canada becomes a global hub for skilled immigration, the demand for a spousal visa will increase.
Because India and Canada both had a long history under British rule, there are many Canadians with Indian spouses.
India and Canada have historically traded together as Commonwealth members and former British colonies, exchanging intellectual and commercial networks.
There are several firms online that claim to be able to assist people in obtaining Canadian spouse visas, however, some of these businesses have been found to be scams.
This article will walk you through the procedures for obtaining a Canada spouse visa as well as the fees you will most likely incur.
What makes the Canada Spouse Visa so special?
A spousal visa allows Canadians with non-Canadian spouses or common-law partners to easily immigrate to Canada.
Applicants can nominate their spouses and file the requisite applications through the Department of Immigration, Refugees and Citizenship Canada (IRCC) to ensure their spouses receive the sponsorship visa.
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Qualifying Criteria for Sponsorship
Not everyone who resides in Canada can apply for their spouse's Canadian visa in India or elsewhere.
First and foremost, the applicant or sponsor must be a Canadian citizen, a permanent resident of Canada, or a person who is registered as an Indian in Canada under the Canadian Indian Act.
An Indian in this article refers to a Native American Indian, not an Indian citizen. The following are the remaining requirements:
• The applicant/sponsor must be of sound mind and age.
• The candidate should not be in financial difficulty.
• The petitioner must not be imprisoned.
• The applicant must not be subject to a deportation order.
It is expected that the sponsor will be able to look after their spouse once they arrive in Canada. The non-bankruptcy condition ensures that the sponsor is financially capable of not just looking after themselves, but also their spouse and any other dependents they may have under the sponsorship.
How Can You Tell If Your Common-Law Marriage Is Enough to Get a Canada Spousal Visa?
People outside of Commonwealth countries are unfamiliar with the term "Common Law Marriage." The word "common-law" refers to legal procedures and legislation that originated from precedents in the United Kingdom. A Common Law marriage is one in which the pair has not married in a church but has a connection that meets the definition of marriage.
Common-law marriage in Canada is defined as a relationship in which the couple has lived together as a married couple for a year or longer without receiving a marriage certificate. This also applies to conjugal unions in which the couple lives together, whether on a regular basis or not, and has legitimate reasons for not solemnizing their connection.
What Is Involved in the Application Process?
The first step is to make sure you have all of the necessary papers to prove your marital or common-law relationship. The IRCC will demand a legitimate marriage certificate to establish that a valid marriage is in place because it is difficult to determine whether the application is truthful.
Marriages that take place in India are recognized in Canada, thus the Indian marriage certificate will suffice. If there isn't a marriage, any proof demonstrating cohabitation for at least a year will qualify.
Because the majority of documents issued in India will most likely be in Hindi, you should ensure that all documents have adequate translations. Ensure that the documents are notarized by a notary public using IRCC-certified documentation.
Once you have the necessary papers, you must apply through the IRCC or at the federal level, where you must submit two separate applications: one for Canadian residents and one for non-residents. After that, you must pay a $75 family sponsorship charge as well as a $75 processing cost.
Is the procedure different if you live in India as a Canadian?
After a brief stay in a foreign country, the majority of applicants for family sponsorship choose to settle in Canada. In fact, this is frequently the situation for most marriages between a Canadian and an Indian, and the applicants are normally residing in Canada at the time of the application.
If the applicant or both spouses are still living in India, the process is not as complicated. The only difference is that the applicant must show that they intend to return to Canada once their spouse obtains a Canada permanent resident visa.
If the applicant is a Canadian permanent resident, the application must be completed in Canada. If the spouse waits too long to move to Canada, their Canada permanent resident visa may be revoked.
The IRCC will perform adequate background investigations with relevant diplomatic channels and embassies to ensure that the applicants' documents are legitimate.
Make sure you transmit your applications to the correct address, as there are many fraudsters on the internet who can easily mimic the official government website and divert funds and applications to a different mirror site.
Visas to Canada are a lucrative business, so it's not surprising that people have developed ways to make money by defrauding the system. Fake marriages to Canadian citizens are one of the ways that fraud is perpetrated, resulting in hundreds of Indians searching for love online, with disastrous results.
Finally, spousal sponsorship is a quick and simple option to gain permanent residency in Canada. If this method is found to be fraudulent, the applicants may face criminal prosecution.
The IRCC has provided enough options to guarantee that this process is quick and painless. The entire process will take roughly 12 months to complete, following which the applicant will be issued a permanent residency visa.
Permanent immigration to Canada is a significant step forward, and successful candidates have been able to sponsor family members to join them in Canada and contribute meaningfully to society.
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