Interesting highlights of spousal sponsorship program
The spousal sponsorship application process helps bring families and happiness closer. The program can be a time consuming as well as challenging task. The issues include arranged marriage, common law marriage, previous marriage or even the time period of less than two years. To complicate the things further, 120- 150 pages of this application file make the spousal application a tedious process.
Spousal process review:
Canadian government is becoming strict every passing year. The country reviews the application conservatively due to increased number of fraudulent cases that utilise the opportunity to gain illegal access. To avoid and filter all such cases, the documentation is made more challenging than the earlier modes. Usually, an application from personal end is weak and the genuineness of the matrimonial alliance is put under scanner. The investigation officer may get doubtful on your relationship and may issue an outright refusal.
An application is refused, PR may not be granted for the next two years as well. Also, in case of IRCC application refusal, the TRV visa will not be approved.
Things that may go downhill:
1.Return of the application: In case the application is incomplete, the documents and the application will be returned. This happens within 2- 2 &½ months.
Therefore, if the inland application for the spousal benefits is made and the spouse is already on open work permit (implied status), the status will stand cancelled. This will quash the work permit as well.
Likewise, if the person has been out of such status for less than a period of 90 days, an application for restoration of these privileges can be made. Along with this, the spousal application can be resubmitted.
On elapse of such a window period, the applicant will have to exit the Canadian territory.
Nervousness in personal interview session: During the interview process, it is usual for the candidate to get nervous. However, this is taken as an instance of suspicion by the interview officials. Chances may occur that the refusal may be issued in light of above events.
3.Fairness letter: The IRCC issues a letter seeking further information on the application. Thus, a detailed report and evidence letters must be enclosed to strengthen the application form. A lapse in this regard will attract a refusal. In such a case, seek immediate help of our visa expert to help safeguard your position.
4.Refusal: In case of rejection of application or refusal, there exists no right to file an appeal (only for inland applications).
Thus, post receiving a refusal, one cannot enjoy the privileges of the spousal permit. However, a student or a worker may retain their status post such an instance.
Sole option under this case (for inland applicants) is to undertake the services of a law firm along with an immigration expert like Vmigrate to file a judicial review. Such process takes 6- qw months. Further 6 months are taken for IRCC to submit their response on the application.
The outland applications can file an appeal before the Immigration Appeal Division or IAD to schedule a hearing date. Usually, such is available post a time period of 1.5 to 2 years. Further, such a spouse cannot travel or stay in Canada (exempted for TRV holders).
5.Proving the relationship genuineness: Considering the large number of attempts to infiltrate the Canadian shores through the influx of fake spouses, the IRCC scrutinizes each relationship. The purpose is to catch matrimonial fraud for the sake of immigration. Thus, if the officer is not convinced that the matrimonial alliance is genuine, a refusal and subsequent ban is ensured. Such a spouse may be banned from entering the Canadian shores on account of misrepresentation.
To confirm or to test the genuineness of a spouse , the following factors may be taken into account:
Delays (or their causes):
- Couple comparability factors
- Duration of the relationship (Remember, a relationship less than 2 years attracts the requirements for more documentation)
- Religious or caste differences
- Age of the couple
- Educational background
- Ethnic or cultural differences
The following factors may influence the spousal application process or delay the grant of such benefits:
- Outdated or incorrect forms
- Incorrectly attempted questions (remember, that all questions are scrutinized)
- Not using correct response to questions or incomplete application
- Partial fee deposit
- Lack of documentary evidence
- Incorrect picture specification (example: little blank space around the head)
- Open work permit (not issued)
- Problem in police verification process
- Issues pertaining to the divorce decree
- Documentation of dependent children from previous spouse
From the above points, you can well understand the degree of sensitivity in handling spousal application process. Therefore, the best approach is to seek the help of an immigration expert group like Vmigrate to bring your family closer to home. Vmigrate and its efficient human resources and immigration advisors expedite the process.
Contact us today to boost your spousal visa application process and reduce the discrepancies. Hassle free and simple settlement, through Vmigrate.