Does Canada Give Fiancé Visas?

Dear Miss Powell,

I read one of your recent articles and I am in a similar situation, as my girlfriend is living abroad. I would like her to visit me here in Canada, but I am not sure how to do this. A friend in the United States (US) said that he applied for a fiancé visa to get his girlfriend to go to the US, so he said I should ask you about that arrangement for Canada. I now seek your assistance in finding out how I can have her apply for a fiancée visa to Canada? That way, she can travel to Canada so that we can get married, and then I would sponsor her once I’m in a position to do so. How do we apply for my girlfriend to come to Canada?

– E.B.

Dear E.B.,

I know that family reunification is on the minds of many of my readers, as I have received several questions relating to this topic since COVID-19. I encourage you to contact an immigration lawyer personally as there may be various options available to you, based on the details of your case. Nevertheless, I will answer your question as succinctly as possible so that you can prepare for your discussions with your lawyer.

A fiancé visa may, indeed, be issued to non-US citizens for the purpose of travelling to the US to marry a US citizen. This allows an applicant to remain in the US and apply for permanent resident status once the marriage is completed within 90 days of the foreign fiancé entering the US.

Unfortunately, the category of Fiancé Visa no longer exists under Canadian immigration laws, and many couples are faced with the difficult task of establishing ties to their home country, even though their partner is a resident or citizen in Canada.

Although the fiancé visa is not a type of visa that your girlfriend can apply for, there could be various other options available to you.

AVAILABLE OPTIONS

I recommend that you book a telephone meeting with an authorised immigration lawyer to discuss which option is most applicable for you, based on your situation.

Electronic travel authorisation: Your girlfriend may not need a visitor’s visa if she is a citizen or resident of a visa-exempt country such as the USA, United Kingdom, Barbados, Bahamas, Bermuda, Cayman Islands, to name a few. She will only be required to get an electronic travel authorisation to travel to Canada. This may give her the option to remain in Canada for up to six months at a time without being required to leave. If you do not get married within that time and start the sponsorship application, and your fiancé would like to stay longer than the six months, she will apply for an authorisation to extend her stay.

If the above situation does not apply to your girlfriend, as she lives in a country where a visa is required for entry into Canada, such as in Jamaica, Trinidad, Guyana, Belize or St Kitts, then you should consider the options below. Your answers to the questions below will determine the best process for your situation.

Common-law sponsorship: How long have you been in a relationship with your girlfriend? Have you ever continuously cohabited with her for more than one year? If so, you may be able to sponsor her to live permanently in Canada as a common-law partner.

Conjugal partner sponsorship: If you do not qualify as a common-law partner, but have been in a relationship for over one year and have been kept apart or unable to live together due to exceptional circumstances, such as religious, governmental laws, rules or restrictions, and even COVID-19, you may apply to sponsor your girlfriend under the conjugal partner category.

The critical element here is that you must be in a relationship for over a year to qualify for either common-law or conjugal partner sponsorship. If none of the above applies to your situation, then you could consider legal marriage and then apply to sponsor your wife to live permanently in Canada.

Marriage and spousal sponsorship: Canadian citizens and Canadian permanent residents that are over the age of 18, who live in Canada, or who live outside of Canada and intend to return to live permanently in Canada, can sponsor their spouse and apply for them to a permanent resident visa for Canada through the Spousal-Family Class programme. The marriage cannot be done by proxy or via Zoom. Therefore, you will need to visit your girlfriend to get married. Please take the necessary precautions if you choose to do so during the pandemic.

Express entry: If your spouse has the educations, skill, language ability and work experience to qualify under the Express Entry System, she may be able to self-sponsor or apply to become a permanent resident of Canada.

Although there is no fiancé visa available to Canada, there are many ways to connect with your loved one, and therefore I recommend that you speak directly with an immigration lawyer to explore the best option for you and your family.

Deidre S. Powell is an immigration lawyer, mediator and notary public with office in Ottawa, Ontario, Canada. Connect with her via Facebook, Twitter, Instagram or directly via info@deidrepowell.com, or call 613.695.8777