How to Marry A Canadian And Immigrate To Canada

Canadian immigration law needs its would-be immigrants to obtain an immigration visa first before they come to Canada. In the case of couples who intend to marry, there is no Canadian fiance visa. So, the border officers expect that post-marriage of the couple, the domestic spouse must register for a spousal sponsorship application. The foreign spouse has to get an immigrant visa abroad at the Canadian consulate prior to entry into Canada. Irrespective of the location of the wedding – in Canada or abroad, the foreign spouse has to apply from abroad. 

Marry A Canadian And Immigrate To Canada

However, there is a system that married couples can follow from within Canada to get the permanent residence for the foreign spouse without the need for that spouse to leave the country. This is an exception to the standard requirements of foreign processing and is purely based on humanitarian grounds. For example, it works well when the foreign spouse has come to Canada on either a student or work permit. 

Who is a Visitor in Canadian immigration terminology

 The problem occurs in the definition of “visitor”. In terms of Canadian immigration terminology, it refers to a person having a ‘temporary resident visa.’ A visitor is a person who comes to a country for a short period and leaves thereafter. To be more precise, a visitor cannot plan to stay permanently. If a visitor intends to stay, by definition, that particular individual is not a visitor and is ineligible to enter Canada. So, a foreign would-be spouse who wishes to enter Canada stating that he/she intends to marry and then apply for permanent residence inside Canada following the inland spousal route depending on their Canadian spouse application will mostly be refused entry. 

Give Valid Information to Border Officer

In simple terms, to enter Canada, it is important to convince/satisfy the border officer that you are visiting Canada and will leave at the end of your authorized stay period. The best way of meeting this need is by having a return ticket. Other evidence that is helpful is proof that the spouse has not abandoned their life abroad, proof of ownership of a residence in the U.S., or proof of an existing job, etc. A lot depends on what you say, the information that has to be provided, and the border officer you are going to deal with. 

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Diksha Garg

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