Some say match-makings are made in heaven. But, the law says that there are some legal procedures to validate the heaven-made relationship. Couples are often found misguided since a few people know about the law related to spousal marriage for getting immigration to the spouse. Spousal marriage in Canada generally encompass different provisions and procedures.
Here is some information about the Marriage license in Canada:
- Let’s talk about the rules and regulations related to spousal marriage in Canada. At first, the couple must have the marriage certificate before getting married.
- To get a marriage license one must apply to the territorial municipal office.
- This marriage license will be valid only in the aforementioned territory.
- One can either receive an application form of the marriage license from the office or download it from the website.
- Each partner must visit the municipal marriage department with any valid identity proof to get the form.
- They need to pay some prescribed amount for this.
- The marriage license is not needed when the ceremony is conducted by the church authority.
- In some cases the parental details and the immigration copies are required for the process of spousal marriage.
- The couples are permitted to get married after getting the marriage license. It may be conducted immediately or may take short period of time like- 20 days.
Documents required for the marriage certificate or marriage license:
- The requirements are generally applicable based on the territorial offices. Parental approval is necessary at the time of receiving the form. It has to be in the written format with the signature of both the parents.
- In case of lack of parental approval, the couple must be 19 years old and they have to submit their ID proof.
- The couple needs to mention the date of their marriage which has to be predetermined.
- They are requested to show their present status related marriage, for example- divorce certificate, if widow then death certificate of the spouse.
- Current identification proof is necessary for the spousal marriage.
- They must also bring their birth certificates.
Reasons for the rejection of legal approval for Spousal Marriage in Canada:
- Since the marriage license is valid based on territories, the couple cannot get married in any other locations than the aforementioned on.
- The certificate is only valid for a limited period of time. Exceeding the time limit may cancel the approval.
- In case of migrants the invalid immigration certificate may cause a rejection.
- If any person found guilty of polygamy or lack of authentic divorce certificate the application will be cancelled.
- If the couples do not fulfill the age limit then they will be rejected.
Sponsoring the spouse in Canada:
Only the permanent resident of Canada can sponsor someone as spouse though the process of marriage. This journey may take about 6-8 months to complete. This can also call for permanent citizenship. The sponsor has to be of minimum 18 years old.
The procedure of Application of sponsoring spouse:
- The application consists of two parts- one application of the sponsor, and one immigrant’s application for the sponsored spouse.
- Both the applications must be submitted to CIC (citizenship and immigration in Canada) in Ontario.
- The applications will be checked and scrutinized. The immigrant’s application will be sent to the visa office of the sponsored person’s native country.
- If the sponsor is the permanent citizen of Canada then the process of the visa becomes faster compared to the citizen living abroad.
- When the interview session starts, the travelling chances of the applicants will be closed.
- The visa office will start checking the background records of the applicant.
- The immigration process may take 4-8 months; the visa clearance may take 17 months and 40 days to process the entire sponsorship section of the application.
Factors that may cause the rejection of sponsorship for Spousal Marriage in Canada:
- If the sponsor failed to give financial support to the previous sponsored.
- If he or she gets government assistance regarding the financial matter.
- If the person is found of any record of sexual harassment.
- If he or she was imprisoned or bankrupted.
Marrying a Canadian citizen- and getting Immigration Visa:
Marrying a Canadian citizen for getting immigration visa has its own difficulties because there are a lot of misconceptions regarding this matter. If you are not a Canadian then, the idea of getting married to get a citizenship is not a cake walk. But there are ways to apply for visas
- For the non- Canadian, they must apply for visa to get a spousal sponsorship.
- First the sponsor will introduce you as spouse.
- Non- Canadian couples may apply for Visitor’s visa or Temporary Resident visa.
- They may also require the Canadian marriage certificate during the process.
- For the TRV one must apply for the form – IMM 5257.
- Here are some important documents that you should submit during the procedure-
- Proof of the home country
- Proof related to the funds that are helping in visit to Canada.
- ID proof such as residential or passport
- The invitation given in a letter form from the person, who is inviting you to Canada, must be submitted.
- Proof must be shown that you will stay in Canada on a temporary basis.
- Individuals must apply for TRV before leaving their native country.
- They are advised to show that they are physically sound and not the carrier of any disease.
- The procedure may take a short span of time. The people are advised to apply for these two months before.
The reasons that may lead to delay in issuing Marriage based visa:
- Forms which are incomplete will be rejected
- The security checking may delay the process.
- Any kind of criminal evidence will cancel the application.
- The interview process may be time-consuming.
- The documents verification may take a little longer to conclude the process.