Fiancée Visa

 

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Dear Ms Powell,

I got married to a Canadian citizen just before COVID and my husband wants me to be with him right now, especially since he lost his job due to the lockdown. He’s so depressed right now, and I really need to be with him. Can I get a fiancée visa? Are they accepting applications? Will they allow me in so I can help him? Should I apply for a fiancée visa or sponsorship? I just need to be with him. Do I need to use an immigration lawyer? Thanks in advance.

– D.E.

Dear D.E.,

Although the application has been taking longer than usual, due to the pandemic, the Canadian government is still processing applications for permanent and temporary residence. You have options available to you since your spouse is a Canadian citizen. However, the route you take will be based on further analysis of your background and the documents that you are able to produce to support your case.

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NO FIANCÉE VISA

Canada does not have a special application under the category of ‘fiancée visa’. If you would like to come to Canada for a short period of time to lend support to your husband and assist him to get his paperwork done, then you would need to apply in your home country for a regular temporary resident or visitor’s visa.

The critical thing is that your application must be skilfully prepared, as it will be obvious that you have a ‘dual intent’. This means that although you have a desire to visit Canada temporarily, you also have a desire to live permanently in Canada and expect to file a permanent resident application. You therefore need to provide documentary evidence that you will obey the immigration laws and that you have sufficient ties in your home country to motivate you to return at the end of the time granted to visit Canada.

WHO CAN ENTER CANADA NOW?

There are restrictions on foreign national entry into Canada currently. However, spouses and common-law partners, persons in an ‘exclusive dating’ or committed relationship and other immediate family members of Canadian permanent residents and citizens can enter Canada, especially if you also have a compassionate ground for entering.

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If you have been granted a valid travel document such as visitor’s visa or electronic travel authorisation, you should be granted entry into Canada. You must provide proof of your genuine relationship, intend to stay more than 15 days, have tangible reason for entering, and evidence that you will follow the rules of entry.

A pre-departure, valid PCR test is required, and you must pass a health check by the airlines before boarding. You will also need to inform the airline that you are exempt from the travel restrictions and present a copy of the completed application for authorisation, statutory declaration, and the written authorisation to travel.

You must have a detailed quarantine plan and complete your personal information on the government’s ArriveCAN application.

Persons choosing to enter Canada by air must also reserve a three-night hotel stopover at a designated hotel (the cost for your hotel stay can be up to CDN$2,000) and await the results of another PCR test, that is done on arrival. You should also pre-book the arrival PCR test before boarding, to save time.

To ensure that your experience is not too stressful, you should have the following documents ready for inspection: proof of your relationship to the person that you are visiting, such as marriage certificate; for unmarried readers – proof of exclusive dating relationship or common-law or conjugal relationship for over a year. Additionally, you will need to provide a copy of your marriage certificate, copy of your spouse’s Canadian passport or permanent resident card, birth certificate and other documents to prove your family connection. These supporting documents would also be the ones that you would use in a sponsorship application process.

SPONSORSHIP APPLICATION

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The temporary residence application process can be tedious for spouses, and so most individuals opt to forego the temporary residence application and proceed with the sponsorship application. This could avoid wasting valuable time.

The sponsorship application process involves providing Immigration Refugee and Citizenship Canada with all the information required of both the sponsor and the person being sponsored. This is so that they can evaluate whether the sponsor is eligible to sponsor you and demonstrate that you are admissible to Canada.

Although it is not a requirement that you use an immigration lawyer to apply, it is recommended. An immigration lawyer can assist you with a personal assessment of your eligibility and provide guidance on the documents required to prove your case. Having the support of a professional could reduce the stress in dealing with the application. Additionally, an immigration lawyer can help you avoid making mistakes or forgetting documents that are relevant to your case. Your goal should be to provide an accurate application from the outset to avoid delays with the processing of your application.

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Deidre S. Powell is an immigration lawyer, mediator and notary public with an office in Ottawa, Ontario, Canada. Submit your questions and comments to info@deidrepowell.com or call 613.695.8777. You can also find her at www.deidrepowell.com, Facebook, Twitter and Instagram. CLICK THIS LINK TO BOOK YOUR APPOINTMENT NOW