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Hamilton, Niagara, Halton y Peel en Ontario, Canadá

 The first Spanish Newspaper for the regions of Hamilton, 

Niagara, Halton, Kitchener, ​and Peel in Ontario, Canada. 

Agosto, 2016.- A number of myths exist on the issue of how to bring a foreign spouse into Canada. They include:

- I don’t make enough income to be approved. 

- We have a baby together, so of course we will be approved.

- I will bring my spouse to Canada as a tourist, and then sponsor her.

- My marriage is genuine. Immigration will approve me.

So, all of the above statements have some truth to them, but none of them are completely accurate. In a spousal sponsorship, unlike other sponsorships, the sponsor does not have to earn a certain level of income to qualify. In sponsoring a parent, for example, the sponsor must meet a pre-set limit of income, called the Low Income Cut Off (LICO). Not so for a spouse. However, the sponsor and spouse must demonstrate that they will not resort to welfare once in Canada. This is done by providing evidence of work, income, savings, education – for both the sponsor and applicant. If the applicant is well educated and easily employable, then they will probably be employed in Canada and will not need welfare.

Having a child together is obviously, and usually, a clear indication of a bona fides marriage. But not always. Canada Immigration has rejected sponsorship case even though a child or children had been born of the union. Immigration officers are of the view that some applicants may do anything to get into Canada, even conceiving a child. As such, the mere presence of a child does not guarantee approval. A lot more is needed.

Each time a foreign national approaches the Canadian border and tries to enter Canada, a Canada Service Border Officer makes a determination of whether or not the person trying to enter is coming for a permanent stay, or a temporary one. A temporary stay is one in which the person has no intention of anything permanent, is coming to shop or see the sights, and then is going home. An applicant spouse is usually not intending a temporary stay, but is in Canada for good. As such, a CBSA border officer could refuse entry to such a person. It is therefore risky to attempt to enter Canada with your spouse, prior to applying for and being granted permanent residency.

Do not assume that you will be approved just because you know, and everyone knows, your marriage in valid. The officer cannot read you mind and the reality is that there are innumerable fraudulent marriages out there.  The onus is on you to prove that you did not marry for immigration purposes and your marriage is genuine. You must show that you took the kind of steps that marriage couple should take; opening joint bank accounts; having wills prepared; changing all lease and utilities into both names, and any other number of acts that real Canadian spouses may not do, but immigrant spouses are expected to do. Immigration officers can’t read minds. What they can read are documents and bank statements. They want to see couples paying money for each other. The more they share joint expenses, the more likely it is that they are truly a couple. However, a couple may also be called for an interview, at which they may be asked to confirm the smallest details about each other. You may truly be married to your partner, but you better know the colour of her toothbrush, otherwise you may be kept apart.

 

 

How to bring your spouse to Canada