fiance visa

How To Get A Fiancé Visa For Your Chinese Wife

Many Canadians have asked us how to get a Fiancé visa so their Chinese girlfriend to come to Canada with the intention of getting married. Let me make it clear. The designation of “Fiancé visa” is no longer there as an option. This means that you can no longer sponsor a Chinese fiancé or wife. Don’t worry, though, you can still get your Chinese fiancé to Canada to get married and live happily ever aftre.

Today, we will look at how you can get a Canadian visa for your Chinese fiancé. We will show you what is entailed, where to start from and what is required of you to successfully apply and get one.

fiance visa

Keep reading to get your Chinese fiancé her visa.

To start us off, we need to know the different categories that are there in relation to immigration. You need to understand the visa process for each.

  1. Spousal Sponsorship

spousal sponsorship

This is the sponsorship by a Canadian citizen or permanent resident for a married foreigner. Yes, even a permanent resident can get their spouse to join them.

The Canadian sponsor should be able to prove that he can support the foreign spouse on her arrival.

You must prove the legality of the marriage and that it is genuine. This means that you may have to give evidence in terms of a marriage certificate, shared assets, or even honeymoon.

It may involve an interview with a visa officer to answer personal questions.

  1. Common-Law Sponsorship

common law sponsorship

This is for couples not married but have been living together for at least a year. You have to show commitment to one another and that you are exclusive in your relationship.

You can prove the 1-year cohabitation by things like shared assets and co-signed leases or property agreement. You will have to swear a statement that you are a common-law couple.

  1. Conjugal Sponsorship

This is the hardest to get. If you do not fit in the other categories but are exclusive and committed to your relationship, then this is the one to use. It is usually the option for couples that have not done a year living together.

conjugal sponsorship

The relationship must look like a marriage with shared assets and more. Proving this is one uphill tusk- this because you have to jump through many hurdles. If you do not look like a typically married couple, then your chances are slim to none.

Other challenges that you might face: if your partner is still married to someone else, criminal infractions or medical disabilities, to name but a few.

Sponsoring

What IS sponsoring? This is when a Canadian, “sponsor” (Citizen or permanent resident) does a visa application for a foreigner. This is done by filling forms for the foreigner to come to Canada with the office of Immigration, Refugee and Citizenship Canada (IRCC).

With the approval of the sponsor’s application, the file is transferred to the foreigner’s country to process the sponsored party.

Your fiancé must pass medical and criminal exams as well as security pass before permission is granted.

visa approved

Dependent Children

In the case that there are dependent children involved, then they too are to be sponsored. As of October 24th 2017, Immigration, Refugees and Citizenship Canada stated that a dependent child must be:

  • Under 22 years of age and not a common-law partner or spouse
  • Substantially dependent- financially- on a parent since before age 22 and is unable to provide for self due to a medical condition.

Now that we understand the categories and who is a sponsor, can we now look at how to get your Chinese fiancé a Visa?

First off, your option will either be Common Law sponsorship- if you can prove cohabitation of more than a year or Conjugal Sponsorship. So, we are looking at how you will go about it.

Consular Sponsorship

In this age of technology, online dating is a common thing and when cupid strikes, it cares not where you come from. In this instance, we are looking at a situation where the sponsor is in Canada, applying for the Chinese bride- still in China.

The sponsor will have to file an application for the wife to come to Canada with the office of Immigration, Refugee and Citizenship Canada. If approval is given for the sponsor’s application, the file is sent to China for her to be processed.

canada visa for chinese wife

As part of the process, the wife will have to go through a medical and criminal examination. She also has to pass security checks before approval for entry is granted.

Internal Processing

As it is termed, it refers to a situation in which both you and your Chinese fiancé or girlfriend are living in Canada. Your fiancé might be working in the country or is visiting.

In this case, what you do as a sponsor, you still have to identify which is the right sponsorship to apply for. Will it be a Common law or conjugal sponsorship? You as the Canadian citizen or permanent resident are the one to do the application.

You go through the same process of applying to be her sponsor but in this case, the forms will not be sent to her country.

canada immigration

What is important to note; all the while, as the application is being processed, your fiancé has to take all measures to maintain her legal status. This is in order that she may continue living in Canada until the end of the process, which takes approximately one year.

In most cases, as you wait for the approval, you can file for a work permit. This takes an average of six months for approval.

The application papers are finally approved at one of the immigration offices within the country.

Visitor-turn fiancé (Internal processing)

The cases of travelling to Canada and getting married in order to get permanent residency is rampant. People have, for a long time if I may add, been entering Canada under the pretext of visiting only to get someone and get married.

If your Asian girlfriend was just a visitor and now you are marrying and applying (under the Internal process) for permanent residence, then you stand a risk of having it declined. In a worst-case scenario, charges of fraud might be leveled against you- both of you.

visa application

This though is not always the case. You can disapprove fraud if you can prove the amount of time that has passed from the time of entry, the onset of your relationship and time of application. The longer the time passed, the better.

It is not uncommon for someone to want his or her girlfriend to visit as a guest. This is common with online dating. In these cases, most of the time, the Canadian officials in China might detect and the visa will not be approved.

This leaves the Canadian partner with only one option, to travel to China, marry her and then return to sponsor her.

Talking of marriage, many people wonder where it is best to marry her. Let’s see.

Where to marry your Chinese fiancé

weeding in china or in canada?

I would start by saying that it does not matter where you marry her. What matters is for you to know what it entails and the steps to follow.

The Chinese government has set stringent requirements for all foreigners marrying Chinese women. This is to discourage permanent migration.

To start off, you must apply for official permission from the Chinese government. Both of you must also prove that you either are not married or have finalized divorced. To do this, you have to submit an Affidavit of Single status to the Chinese government through a Chinese embassy or in China. Finally, you must prove that you have never committed a crime in China.

After this, you can then apply for a spousal sponsorship. What you can do in the meantime is to get your wife a visitor visa and she can come to visit you in Canada.

In the case that you are in Canada and she is not and you have decided to marry in Canada, then she will need a Temporary Residence Visa (TRV visitor visa). After marriage, you can do an inland application for her to stay during the processing period.

When to marry your Chinese fiancé

It depends. The truth is, the two of you are the ones to decide on when you will marry. One of the things to consider is where you are currently living.

sweet couple marriage

If you are both in China and are ready, then you can marry and apply for a spousal sponsorship. If you are both in Canada, she is studying or has a temporary worker visa, all you need to do is chose your date. Remember to maintain hare legal status as you wait for her permanent residency to be approved.

Processing Time

  • The Chinese government takes approximately 3 weeks to authenticate the necessary document before your marriage approval goes through.
  • The Canadian sponsorship for your Chinese fiancé will take 10-12 months
  • As you wait for the sponsorship to go through, you can get the visitor visa (Temporary Residence Visa). The application for this takes 3-14 days.

calendar days

Final thoughts

As the world gets smaller, borders are opening and we are becoming one big community. The Canadian government on its part, through the Immigration Laws, is trying to keep families together and that is why it came up with the three sponsorship options. All you need to do is follow the rules and regulations set and you will be together with your fiancé in no time.

 

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