How to Sponsor a Spouse From India

If you have found love with someone from India and are considering sponsoring your spouse for permanent residency in Canada, it's crucial to be aware of important legal and practical information. The process of spousal sponsorship can involve complexities and exceptions that necessitate the guidance of an immigration lawyer. Seeking legal advice before initiating the sponsorship process will ensure a comprehensive analysis of your unique situation.

Matrimonial Procedures in India

To facilitate a marriage involving a foreigner, the Special Marriages Act of 1954 outlines the rules and regulations to be followed. Here is an overview of the steps involved:

Notice of Intention to Marry: The couple must visit the local marriage registration office at least 30 days but not more than 3 months before the intended wedding date to submit a notice of intention to marry.

Residency Requirements: Either the bride or the groom must have resided in the locality for a minimum of 30 days before submitting the notice. In some cases, a certificate may be required from the local police station.

Document Submission: The couple must provide certified copies of their passports, photographs, and birth certificates. These copies need to be certified by a notary public. Divorced or widowed individuals must also submit a copy of the Decree Absolute or death certificate, while single individuals need to provide a single status affidavit or a Certificate of No Impediment/No Record.

Marriage Ceremony: If no objections are received within 30 days of submitting the notice, the couple can have a civil ceremony at the registry office with three witnesses. A marriage certificate is typically issued a couple of weeks after the wedding.

Bring Your Spouse to Canada

Requirements for Sponsoring a Spouse from India to Canada

To sponsor your spouse from India for Canadian permanent residence, you must fulfill the following criteria:

• Age Requirement: You must be at least 18 years old.
• Citizenship or Permanent Residency: You need to be a Canadian citizen or a permanent resident of Canada.
• Residency in Canada: You must either live in Canada or provide evidence that you will reside in Canada once the application is approved.
• Financial Ability: It is essential to demonstrate that you can meet the basic financial needs of your spouse.
• Potential Application Denials

Several factors can lead to the refusal of a sponsorship application for a spouse from India. The immigration officer will assess the genuineness of the marriage to grant your spouse or partner Canadian permanent residency. If it is determined that the marriage is not authentic, your application may be denied, and you could face a ban on sponsoring anyone into Canada.

The Importance of Legal Representation

Engaging a qualified immigration lawyer can greatly increase the likelihood of a positive outcome and expedite the process. A lawyer will provide valuable insights into your available options and guide you on how to navigate the application, saving time, money, and preventing common mistakes that could result in a permanent ban from reapplying.