Canadian Spousal Visa for Thai

Canada is indeed a wonderful country, not just its nature is beautiful but as well as their government. Family reunification is a vital component of Canada’s immigration agenda. The Spousal visa presents applicants married to a Canadian citizen or permanent resident the unique opportunity to be sponsored along with their dependent children. The Thai applicant and their spouse must be married and show the genuine and continuing nature of the relationship and intend to live together in Canada, upon approval.

A Canadian citizen, or a permanent resident who is living in Canada may be eligible to sponsor their spouse (same or opposite sex) and any dependent children for permanent residence in Canada. Canada is very open in accepting civil partnership between same-sex couples, this is the reason why living in Canada is one of the biggest goals for the Thais. The sponsorship can be made for a spouse or partner who is living either inside or outside Canada.

Table of Contents:

1) What is the Canadian Spousal Visa? 2) Duration of the Canadian Spousal Visa application process 3) Eligibility for Canadian Spousal Visa 4) Siam Attorney is here to assist your Canadian Visa Application

1.      What is the Canadian Spousal Visa?

The Canadian Spousal Visa allows Canadian citizens and permanent residents to sponsor their dependent children, parents and grandparents, and spouse or common-law/conjugal partner. Canada strongly supports keeping families together whenever possible. As such, the processing of Family Class applications is given the highest priority at Canadian Visa Offices.

The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian or permanent resident may sponsor his or her spouse/common-law partner for permanent resident status in Canada. Both the Canadian citizen or permanent resident (the sponsor) and the Thai national (the sponsored person) must be approved by Immigration, Refugees and Citizenship Canada in order for the sponsored person to receive a visa.

There are two parts to the spousal sponsorship application:

  • The Canadian or permanent resident applies to sponsor his or her spouse or common-law partner
  • The Thai spouse or common-law partner applies for permanent residence in Canada.

The Spousal Sponsorship program is a subsection of the Family Class immigration category. Under this program, a Canadian citizen or permanent resident may sponsor a spouse or common-law partner for Canadian permanent residence.

Both the Canadian citizen or permanent resident (also called the ‘sponsor’) and the foreign national (the ‘sponsored person’) must be approved by Immigration, Refugees and Citizenship Canada (IRCC) in order for the sponsored person to receive a visa.

In order to receive a visa through this immigration program, the sponsor and sponsored person must prove that their relationship qualifies under one of three categories:

  • Spouse
  • Common-law Partner
  • Conjugal Partner

NOTE: Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply for the visa, provided they meet all eligibility requirements. This type of visa is very timely and relevant to Thailand because of the both country’s acceptance towards the LGBTQ community.

2. Duration of the Canadian Spousal Visa application process

The Government of Canada is committed to processing spousal/common-law partner sponsorship applications within 12 months from the day they are received. 

Outland applications are processed through the visa office that serves the applicant’s country of origin, or where they have resided legally for at least one year. Processing times are listed by individual countries where the application is being made, which allows couples to make better informed decisions on which sponsorship route, Inland or Outland, they should pursue. 

3.      Eligibility for Canadian Spousal Visa

In reference to the Government of Canada – Immigration and Citizenship program, the following are the eligibility for the Canadian Spousal Visa:

Requirements for the Sponsor: (Canadian Citizen)

  • The sponsor must be at least 18 years of age;
  • The sponsor must be a Canadian permanent resident living in Canada or a Canadian citizen;
  • The sponsor cannot be in prison, bankrupt, under a removal order (if a permanent resident) or charged with a serious offence; and
  • The sponsor cannot have been sponsored to Canada as a spouse within the last 5 years.

Requirements for the Sponsored Person: (Thai Citizen)

  • The sponsored person must be at least 16 years of age and
  • The sponsored person must not be too closely related by blood to the sponsor.

Requirements for the nature of the relationship:

The applicant must prove that the relationship between the sponsor and the sponsored person qualifies under one of three categories:

  1. Spouse:This means that the Sponsor and the Sponsored Person are legally married. For those married within Canada, a Certificate of Marriage from the province or territory where the marriage took place will show that the marriage is valid. Note that same-sex marriages performed within Canada are valid for spousal sponsorship. If the marriage took place outside of Canada, it must be valid under the law of the country where it took place as well as under Canadian federal law. Same-sex marriages that took place outside of Canada are not valid for spousal sponsorship, but an application can be made under either the common-law partner or conjugal partner categories if such a relationship can be proven.
  2. Common-law partner:In order to establish a common-law relationship, the Sponsor and the Sponsored Person must cohabit continuously for at least one year, excluding brief absences for business or family reasons.
  3. Conjugal partner:Conjugal partners can be of either opposite-sex or same-sex. A sponsored person is defined as a conjugal partner if:
    • Exceptional circumstances beyond their control have prevented the applicants from qualifying as common-law partners or spouses, such as immigration barriers or legal restrictions limiting divorce or same-sex relationships; and
    • The applicants have had a mutually dependent relationship for at least one year with the same level of commitment as a marriage or a common-law union. This can require a demonstration of emotional ties and intimacy, financial closeness, such as joint ownership of assets or mutual financial support, and efforts to spend time together and reunite.

An individual cannot apply to become a sponsor if he or she:

  • did not pay an immigration loan, a performance bond and/or family support payment;
  • failed to support a previously-sponsored relative, which resulted in the sponsored individual seeking social assistance to meet his or her basic needs;
  • is under a removal order;
  • is in a penitentiary, jail, reformatory or prison;
  • receives social assistance for reasons other than a disability;
  • have filed for bankruptcy and have not received an ‘order of discharge’ by the court (he or she is still going through the process of bankruptcy);
  • were sponsored and held permanent resident status for less than five years;
  • sponsored another spouse/partner previously and three years have not passed since the sponsored spouse/partner became a Canadian permanent resident;
  • have already submitted an application to sponsor his or her current spouse/partner/child and a decision was not yet made on his or her submitted application;
  • were convicted of a violent or sexual offence or an offence that caused, attempted to cause or threatened to cause bodily harm to a relative.

Permanent residence granted under the Spousal Sponsorship program carries certain conditions that must be met:

  • The sponsor is financially responsible for the person sponsored for three years after the sponsored person becomes a permanent resident.
  • Individuals who come to Canada as spouses are themselves barred from sponsoring a spouse in turn for five years after receiving Canadian permanent residence.

4. Siam Attorney is here to assist you with your Canadian Visa Application

Canadian Visa is one of the most comprehensive type of visa, it requires experience and significant knowledge to understand. We take your visa application seriously, we know how much you want to have your visa application approved that’s why we have a dedicated and passionate team who will handle it for you. The process may be overwhelming and tiring for some client that’s why it is best to seek visa assistance from trusted agencies. Siam Attorney’s Visa Assistance team is known for being resourceful and professional in terms of assisting clients with their visa application.

Siam Attorney will assist you with the following:

  • Assessment on details of applicant before starting the service.
  • Providing insight to the service that we will provide as well as our packages and charges for our services.
  • We do understand that some of our Thai clients are not that familiar with the English language. So, we will handle all application processes including translation, filling of application, preparing the documents and interview practice (if the client is invited for an interview).
  • Our staffs are well-verse in both English and Thai language, we make sure that we can assist you well without language barriers.
  • 24/7 Accessibility to our team and detailed progress report about the services.
  • Dealing with all the government office and Embassy in Thailand to represent our client.
  • Briefing the clients with all the information they need from their Visa Applications as well as the do’s and don’ts and giving them significant details about their visas.
  • Guaranteed positive output for the Visa Application.

We know how important this type of visa for our client is, that’s why we have a dedicated visa and immigration experts working hard to give the best result for Canadian Visa application. Our team assists our clients in every step of the Visa Application, we know how time consuming and complicated the process of Canadian Visas are that’s why we made sure that we have the best team available to assist our clients.

Siam Attorney will do the process for your Canadian Visa Application, for inquiries and more details about how we can help you, please do not hesitate to email us at support@siam-attorney.com or call us on the number(s) provided below