How can a chef get to Canada?

Published: Tuesday | December 17, 2013 Comments 0
Deidre S. Powell
Deidre S. Powell

Dear Ms Powell,

I met a man in Negril and we have been corresponding since then. He promised to sponsor me to go to Canada. He said he is not sure how to go about doing it and I should find out. I work as a chef at a resort, but I read that chefs can't apply. Is there any other way for him to help me to get to Canada?

- RT

Dear RT,

In a previous article, I mentioned that chefs were removed from the category of persons who intend to apply under the Federal Skilled Trades category. This restriction is not placed on persons seeking to come to Canada under the Family Class.

A Canadian citizen or permanent resident can sponsor their spouse, common law spouse, or conjugal partner to live in Canada. You will need to prove to Citizenship and Immigration Canada (CIC) that you are in such a relationship. In Canada you are considered to be a 'spouse' after you have been legally married. A common-law union is considered to exist if you and your partner have cohabited for at least one year, or if you and your partner live in a relationship of permanence and have a child together.

I do not know how long you have been in a relationship or whether this man is actually a Canadian citizen or permanent resident. You will need to have proof of the length of time that you have been in the relationship and also the legal status of your partner.

The application should be made under the Family Class. The application process is a two-step process and there are two sets of forms that you will need to complete.

The steps are:

1. Your sponsor will need to show that he is in a position to sponsor you;

2. You will need to pass the medical and security checks to become a permanent resident.

Your sponsor would need to submit his application in the province in which he resides. First, your sponsor has to meet the requirements set by CIC to sponsor a dependant spouse.

He will need to prove the following:

1. That he is not married and not in a common-law relationship with someone else;

2. That he has the financial ability to take care of you;

3. That you will not become a financial burden on the government of Canada;

4. He has not sponsored anyone else within the last five years;

5. He has not been declared bankrupt and not discharged;

6. That he has not defaulted on a court-ordered child-support payment;

7. That he is not receiving social assistance, unless for reason of disability;

8. That he does not have a criminal record.

The required forms for your sponsor are:

1. Application to Sponsor, Sponsorship Agreement and Undertaking

2. Sponsorship Evaluation

3. Statutory Declaration of Common law Union ( if applicable)

4. Sponsorship Questionnaire.

Once your sponsor satisfies the requirements to be a sponsor, the next step is to ensure your eligibility and submit the required forms. You will need to prove that you are unmarried, do not have a common-law spouse in Jamaica, or that you are married to your sponsor. You will also need to satisfy the medical, criminal, and security verifications.

The forms that you will need to complete are:

1. Generic Application form for Canada

2. Additional Dependant/Declaration, if you have dependent children

3. Background/Declaration

4. Additional Family Information

5. Sponsored Spouse/Partner Questionnaire

There may be additional documents required based on your personal situation. You should consider consulting with an immigration lawyer to ensure that you are able to meet the requirements. You should also note that the application could take approximately two years to complete.

Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are immigration, real estate, commercial, personal injury, family and administration of estates. Email: Subject: Immigration Tel: 613.695.8777: Twitter: deidrespowell Facebook: jamaicanlawyer.

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