FAQ’s on Marrying an Indian Holding Canadian Citizenship and getting Marriage Based Visa
In Canada, a person holding Canadian citizenship or a permanent resident have the right to sponsor their parents, spouses, children for permanent residence. Similarly in case of a Canadian Citizen marrying someone from other country has right to sponsor his/her spouse on Marriage Based Visa
Some Common Questions and Answers to Queries that relate to Marriage Based Visa
This section addresses the rights and steps one must follow in the event of facing a fraudulent activity concerning Canadian citizenship. When a foreign individual marries a Canadian citizen outside of Canada, there are certain rights they are entitled to and some that they may be deprived of.
What to do if the Person you get married to, does not treat you well or makes you suffer
Therefore, understand and know what course of action should be taken by the suffering party and how to protect your interests.
I got married to a Canadian Citizen; he refused to take me to Canada, we have children.
1. Are the children technically Canadian as born to Canadian parent outside Canada?
Although the appropriate and official way to find out your child’s citizenship is by applying for a proof of citizenship for them, there are certain ways you can still know.
According to a recent amendment to the Citizenship Act effective after April 17, 2009, only first generation descent born outside Canada is entitled to a Canadian citizenship by birth. This means, your children will only be eligible for Canadian citizenship at birth (born outside Canada) if:
- You or your spouse born in Canada, or
- You or your spouse became a naturalized Canadian citizen before the birth of your children. [Note: Naturalization is the formal process of a non-Canadian citizen obtaining a Canadian citizenship by first becoming a permanent resident of the country].
- If your child was born on/before April 17, 2009, he/she is automatically a Canadian citizen at birth.
2. What are my rights if my husband does not take me to Canada?
If you were married to a Canadian citizen outside Canada, and the husband now refuses to take you with him back to Canada, there are certain rights you can act upon to protect your and your children’s interest. A few rights recognized and practicable under the law are as follows:
- Right to Notarized Affidavit/Consent Letter – In case you and your spouse have separated, and he observes control over the child, Passport Canada will not allow for a child to be accompanied by just his Mom/Dad. A notarized affidavit is duly required by the non-travelling parent, authorizing for the child to travel into Canada. You have right to refuse giving such affidavit
- Right to Appeal in Court – You can also approach the Canadian courts with this matter, and notify legal authorities like Passport Canada/CBSA beforehand. Specifically mention your name, husband’s name, and your child’s name and bring along any documentations proving a marital status and a registered marriage certificate, even if outside Canada, to strengthen your say. However, in certain circumstances, you will need to be in Canada for making such an appeal.
3. You are in an abusive situation and your husband who is a Canadian citizenship is asking for dowry.
If you’re married to a Canadian citizen being a non-Canadian, and if you find yourself in an abusive relation, with an appropriate help, you can free yourself from such a situation. There are two ways to act:
Experienced domestic violence in Canada in hands of your spouse: You can contact and take the advice of various organizations and services that assist women experiencing violence or spouse abuse. Some also provide financial support to women who leave their house and partner if in an abusive situation.
A notified women protection organization is the Assaulted Women’s Helpline that provides more information about help available around your region. They can be contacted at 1-866-863-0511 or TTY: 1-866-863-7868.
Steps to take if you are in an abusive situation in Canada after Marriage based Visa:
- Gather documents proving the domestic violence or abuse by your spouse. You can also include legit emails or texts, if any, from the abuser to be presented as proof.
- See a lawyer or take help of any other legal aid at the earliest. They can provide her the best legal advice.
- Apply for a refugee status – You can claim a refugee status stating fear from your abuser who is still present and free. You can also state that the police or the government of your country shall not take appropriate measures and steps in protecting you.
- You can apply for a permanent resident status under the Humanitarian and Compassionate grounds– this is particularly relevant if you have faced domestic violence in your home country by a spouse who is a Canadian citizen but now denies you of your spousal rights and neglects you.
According to recent changes by the Government of Canada, a woman can either apply for a permanent resident status under H & C grounds or claim a refugee status.