Is your marriage to your spouse genuine and you did not marry your spouse to obtain an immigration status? You must demonstrate that you are in a genuine relationship and did not marry each other for immigration purposes.
In Canada, spousal sponsorship is a pathway that allows Canadian citizens and permanent residents to sponsor their foreign spouse or common-law partner for permanent residency. This application process emphasizes the importance of a genuine, committed relationship, rather than a marriage entered into solely for immigration purposes.
Key Requirements for Spousal Sponsorship Applications
To be eligible, the applicant must:
- Prove a Genuine Relationship: The relationship must be authentic, meaning that the marriage or partnership was not entered into primarily to obtain immigration benefits. Immigration officers look for indicators of a committed relationship and assess factors that demonstrate a lasting bond.
- Meet Eligibility Criteria: Both the sponsor and applicant must meet the legal and regulatory requirements under Canadian immigration law. This includes the sponsor being financially able to support the applicant and not being in default of prior sponsorship obligations or certain criminal offences.
- Provide Evidence of Relationship: Applicants must provide documents proving the authenticity and commitment of their relationship. Examples include:
- Joint financial statements, lease agreements, or property ownership
- Photos, communications, and records of travel together
- Statements or affidavits from family and friends attesting to the relationship’s authenticity
The Chavez Factors
The Chavez factors are a set of criteria used by immigration officers to assess whether a spousal relationship is genuine. These factors stem from the Chavez v. Canada (Minister of Citizenship and Immigration) court case, which highlighted essential considerations in evaluating spousal relationships in immigration cases. The Chavez factors guide to determine if a marriage is bona fide or if it may have been entered into for immigration purposes.
Key Chavez factors include:
- Mutual Commitment: Evidence that both partners have shown commitment to the relationship, which can be demonstrated through significant shared responsibilities, such as joint finances or property, or by supporting each other in times of need.
- Shared Responsibility and Support: The extent to which each spouse has taken responsibility for each other’s welfare, including financial and emotional support. This can include shared bank accounts, financial planning, or cohabitation arrangements.
- Cohabitation and Communication: Proof that the couple resides together or, if living separately, has maintained consistent and substantial communication. Evidence might include records of calls, messages, emails, and proof of visits if the couple has been living in different countries.
- Relationship History: Details about how the couple met, their dating history, significant milestones, and events such as engagement, wedding, family gatherings, and joint travel plans. These can help establish that the relationship developed naturally over time.
- Family and Social Integration: How the couple has integrated with each other’s family and social networks. This may involve family celebrations, friends’ events, and interactions with in-laws or close friends, suggesting acceptance and endorsement of the relationship.
Proving the Relationship is Genuine
Applicants should compile substantial evidence that addresses each of these Chavez factors. A well-prepared application will present a strong, coherent story about the couple’s relationship journey, emphasizing the genuine commitment between them. When reviewing the application, immigration officers will apply the Chavez factors to assess whether the relationship appears genuine and meets the legal requirements for sponsorship.
In summary, for a successful spousal sponsorship application, the applicants must not only provide proof of their relationship but also demonstrate, through the Chavez factors, that their commitment is authentic and enduring, rather than a union entered into solely for immigration status.
Contact us to speak with our experienced Vancouver immigration lawyer and immigration consultant at YA Law Corporation. We have over 40 years of combined experience in U.S. and Canadian immigration law.