Immigration Corner | Do I need to get married?

Dear Ms Powell,

I have been dating a Canadian man for a while now. He is a teacher, and so he has been spending at least a month each year with me in Jamaica. I applied for a visitor’s visa, and it was denied. Does that mean that he can’t sponsor me? Do we have to get married first for him to sponsor me? How much money must he have to be able to sponsor me? I look forward to your answer in The Gleaner.

NB

Dear NB,

A Canadian citizen, registered Indian, or a permanent resident who is 18 years of age or older can sponsor a spouse, common-law partner or conjugal partner who lives overseas, provided that both you and your sponsor are eligible. The sponsor must live in Canada or intend to live in Canada, not be bankrupt, or be receiving any of the restricted government support.

I do not know the reason whyyour application for a visitor’s visa was rejected. However, you can find out the reason in the letter you received after you applied for your visa. If you were rejected because you were not able to demonstrate stronger ties to your home country than Canada, then this could be because Immigration, Refugees and Citizenship Canada (IRCC) may have information about your relationship with your boyfriend; and there are additional concerns.

You do not need to get married just because you boyfriend would like to sponsor you. The decision to marry is a very personal one. However, you should know that marriage is not a prerequisite to sponsorship. The government is more concerned about your ability to prove that you have been in a committed relationship for over 12 continuous months and that you are mutually dependent on each other.

PROOF OF RELATIONSHIP

Whether you are married, in a common-law or conjugal relationship, the critical thing that IRCC will be evaluating is that you are in a genuine and stable relationship. You will need to demonstrate that the only reason you are not currently living together is because of immigration restrictions, religious belief, work, or other obligations.

IRCC will be looking for proof that you have strong social, financial, and emotional connection to each other. Be prepared to share your story. How did you meet? Have you met each other’s family and friends? Do you have several photographs together. You say that your boyfriend visits during his vacation. Does he stay with you? If not, why? Do you stay with him at his hotel? Does he send you money?

Other information that you can present are plane tickets, proof of joint bank accounts, insurance policies, joint ownership of property, letters from family and friends, social media communication and acknowledgement on social media of your relationship.

OBLIGATIONS OF SPONSOR

Part of the obligations of your sponsor is that he will need to undertake to be responsible for you financially, and undertake that you will not become a financial burden to the government of Canada. This undertaking is for three years from the date that you become a permanent resident. This means that if you obtain assistance from the government, during the restrictive period, then your boyfriend/spouse could be legally required to reimburse the government for those expenses.

Your sponsor will need to provide a written undertaking to the government of Canada. The undertaking is a binding promise to support you for the length of the undertaking period, even if your situation changes. The undertaking will remain in effect even if the person you sponsor becomes a Canadian citizen; you become divorced, separated, or your relationship with the sponsored person breaks down; you or the person you sponsor move to another province or country; or even if you simply have financial problems.

Another key requirement is that your boyfriend must not have been sponsored by someone else to become a permanent resident within the last three years, or have sponsored another spouse in the same period.

For you, the person being sponsored, the most important thing is to ensure that you can pass the medical, criminal and security checks. A police record will be required.

When someone is sponsoring a spouse, common-law or conjugal partner, there is no minimum necessary income requirement. However, your sponsor must meet the minimum income requirement if you have a dependent child who has a dependent child of their own, or the dependent child you are sponsoring has a dependent child of their own. The income requirement is based on Statistics Canada’s annual Low-income Cut-Off, which is published annually. You did not mention that you have a dependent child, so this requirement would not be applicable to you.

If you have additional questions or concerns, need help with your application, or would like to explore other options to you to live permanently in Canada based on your background and qualifications, you may contact me to schedule an online consultation.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. Submit your questions and comments to info@deidrepowell.com. Follow her on Facebook, Twitter, or Instagram for more information.