Too many of these types of applications fail due to lack of common sense. The best spousal type of application has to be based on you and your partner’s personal circumstances. There are three types of Spousal Sponsorship Applications:
- Overseas Spousal Sponsorship is the preferred route by CIC and the faster route. This is the preferred route for any spousal application with the average processing times of six months and in some visa posts only one or two months. Only overseas spousal type sponsorships can be appealed to the Immigration Appeal Division.
- In Land while in Status Spousal Sponsorships are basically meant for those on employer specific work permits or student permits. This type of application is not meant for a visitor who have been admitted for six months. That type of applications shows that the visitor misrepresented his or her true intentions while seeking entry as a visitor. The visitor could not leave during the processing and would most likely not be approved stage one by the Case Processing Centre and sent to the local office for an interview.
Some partners while visiting their partners in Canada submit an Overseas Spousal type sponsorship to their own visa post showing that they are residing in that Visa Posts designated area. While in fact only visiting in Canada. As long as they do not stay in excess of six months they do not have to provide proof of no convictions certificates from Canada. That way the couple can have the best of both worlds.
- Out of Status In Land Spousal Sponsorships are best for those who have been in Canada for years supporting themselves. Timing is very important in this type of applications and it may be best to apply abroad and go home seeking authorization to return.
- Timing—A person enters Canada and makes a refugee claim, two years later they receive a negative decision, they file an application for leave to appeal and receive a negative decision another year later, they then submit a Humanitarian and Compassionate application and receive a negative decision after waiting another three years, then two weeks before they are asked to attend an initial Pre Removal Risk Assessment low and behold they have fallen in love and gotten married six years after they arrived in Canada. Love does happen that way but proving same is difficult.
The onus is on the applicant to prove that their relationship is a genuine relationship. CIC always asks for additional details of your current relationship that you believe will help to prove that your relationship is genuine and continuing to be recorded on a separate piece of paper. This is not a numbered question so many applicants and sponsors do not include these details and their and applications are then kicked for an interview which delays the couple from being together. Remember that if you write a story as if your partner walks on water understand that your application will probably be assessed by someone that does not believe their partner is perfect. It is always better to tell all the truth and admit that he/she has one little fault!
REASONS WHILE FILES ARE REJECTED/DELAYED:
- Forms not signed or dated properly.
- Forms missing information.
- Application missing supporting documentation, divorce certificates Status documents, etc.
- Unusual situation not properly explained such as age difference, cultural difference, ethnic makeup, etc.
- LACK OF SUITABLE INFORMATION TO PROVE THAT THE RELATIONSHIP IS GENUINE!
HOW WE ASSIST:
Too many spousal applications fail because the couple says we have a marriage certificate and we are in love and think all should be able to see their love. The problem being is that the couple does not have phone bills showing dates and durations of calls because they have been using phone cards. The couple takes pictures of them in bed or in a bath together thinking that this will show that they are a couple which just works the opposite and the CIC officer kicks the application for an interview or refusal because it appears that they are trying excessively to prove they are a couple when in fact they may be trying to misrepresent certain facts.
Consider your relationship as an undecorated cake. Any authorized representative attempts to ensure that the icing on the cake (spousal application) looks just perfect with just the right amount of Chocolate shavings, sprinkles, little flowers and the right words are on the cake.
We attempt to prevent you from saying something that could hurt your application; we go over all of your photos and act as an experienced third party selecting the best photos to prove a bond between the couple, we check the forms over and over again, we prepare you by putting each of you through a mock marriage interview if needed . We speak directly to your visa post or the CIC officer holding your file on your behalf.
If there is an age difference, religious difference, cultural difference we ensure it is explained sufficiently to reduce any chances of your file being delayed by having the applicant attend an interview.
EXAMPLES OF CONJUGAL RELATIONSHIPS
Definition of a conjugal relationship can be found in the overseas processing manual OP2.
Conjugal relationships are for couples who can not live together in a common law relationship for certain reasons but are otherwise committed to each other by joint bank accounts, owning property together and being each other beneficiaries on life insurance policies.
Examples of Conjugal Relationships, would be an applicant from the Philippines who was previously married and unable to get a divorce, a same sex couple with one not being able to get married due to their countries laws, or a couple who has gone through a engagement type ceremony and war breaks out which makes it unsafe for the sponsor to travel to that country.