Successful BC Spousal Sponsorship Immigration tips and traps are explained in today’s blog by MacLean Law Immigration.
In our last blog, Helen Han from MacLean Law’s Successful BC Spousal Sponsorship Immigration team talked about some common mistakes that would lead to the Canadian spousal sponsorship refusal. In today’s blog, she continues to talk about further critical mistakes you should avoid to ensure the success of your Canadian spousal sponsorship applications.
Successful BC Spousal Sponsorship Immigration Tips # 1
Not including proper documents in your Spousal Sponsorship application that could support your real marriage/relationship
Successful BC Spousal Sponsorship Immigration lawyers know that a spousal sponsorship application may have passed the “completeness” test after the first 2 to 3 months by including the minimal documentation to support the spousal relationship. However, there is still a risk of substantial delay or even refusal if either too few documents were provided, or too many. Documents that were not provided in a precise manner may also confuse the officer and lead to unnecessary delays or refusal. A good example would be chat history records between couples – what is the ideal amount of chat history to provide? Do the chat history records have to encompass the entire relationship period? Keep in mind it costs a lot to translate all these chat records if they are in a foreign language other than English or French.
Also, what else could couples provide if they simply do not have any obvious joint documents (bank accounts, insurance, lease agreements, phone bills) that could support the relationship? How should these couples convince an officer that their relationship is genuine while there is nothing on paper to prove it, other than a marriage certificate? Our experienced Successful BC Spousal Sponsorship Immigration lawyer team has submitted hundreds of spousal sponsorship applications and has expertise in solving sponsorship problems like this.
Successful BC Spousal Sponsorship Immigration Tip # 2
Not choosing the best category for your Spousal Sponsorship application
Many applicants prefer to submit an “in-Canada” spousal sponsorship application wherever possible because this enables the applicant to receive an Open Work Permit while the spousal sponsorship application is being processed by IRCC. This is useful especially when the applicant does not have any other means of obtaining a work permit. However, these applicants neglect that “in-Canada” spousal sponsorship applications, once refused, do not provide them access to appeal to the Immigration Appeal Division (IAD). If being refused in this scenario, the applicant is left with applying for a Judicial Review with the Federal Court of Canada, or submitting a new spousal sponsorship application and pay the processing fees again. Unlike the IAD, the Federal Court cannot consider new evidence when deciding on the appeal, which puts applicants at a disadvantage if the initial application was refused because the officer did not see enough evidence to be satisfied that the marriage relationship was real. It is in situations like this where we may counsel applicants to submit an “outside-Canada” spousal sponsorship application in the first place. However, overseas spousal sponsorship application also has its limits. Therefore, it’s essential to choose the right category in the first place to avoid any further consequences of your spousal sponsorship application.
Spousal sponsorship application is tricky so you should be very careful about the documents you submitted. One tiny but key mistake you made may cause the immigration officer to not consider your spouse as your “family member” which means your spouse will lose the eligibility to be sponsored. I have seen many cases where the couples have a genuine relationship but the immigration officer determined otherwise because there was a key mistake in the spousal sponsorship application. The spouses lose their eligibility to be sponsored and the couples ended up separating.
Vancouver BC Immigration Lawyers Can Help
MacLean Law is an award-winning family and immigration law firm with our head office in downtown Vancouver and regional offices across Western Canada in Surrey, Richmond, Kelowna, Fort Saint John, and Calgary.
We are a proud employer of a multicultural office environment where our talented professionals have cultural roots all over the world, including but not limited to China, Hong Kong, Taiwan, India, England, and Iran.
Our experienced immigration lawyer team will definitely help in determining how to prepare the best spousal sponsorship application and provide accurate professional advice for you. Talk to MacLean Law’s BC Successful Spousal Sponsorship Immigration team at 1 877 602 9900 to move forward.