Gregory James
Immigration Law Firm
Your
Future ≈ Your Children's Future
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Spouse in Canada Class Applications
The Spouse in Canada
class applies to married
couples and to common-law couples. The application is similar to the
sponsorship of a spouse or
a common-law partner. The main issue is the same: is
the relationship genuine or not. But the processing is very different.
A Spouse in Canada
application is processed in Canada,
instead of at a visa office. This has the obvious advantage of not
requiring the
two spouses or partners to separate while the application is being
processed.
However, this application
is only available
if the immigrant has status in Canada
when the application is filed. They can be in Canada
as a visitor, a student or a
worker whose status has not yet expired. If not, the Spouse in Canada
application
will not be accepted. A refugee claimant with a work permit does NOT
qualify
for this programme.
While the application is being
processed,
the migrant’s temporary status in Canada
is normally extended.
The Spouse in Canada
application has some
disadvantages too. For example, it usually takes a little longer to
process a
Spouse in Canada
application than a sponsorship processed at a visa office. Also, there
is NO
right of appeal to the
Immigration Appeal Division if it is refused, although the decision
might be challenged in the Federal Court.
Until the application is accepted
in
principle, which can take many months, the applicant will not be able
to get a
new work permit (although existing work permits can be extended). When
the application
is accepted, the applicant becomes a permanent resident of Canada.
See also:
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