Understanding the Canadian Immigration Visa Requirement
For those planning to marry a Canadian, it’s crucial to know that Canada does not offer a fiance visa. Therefore, the usual process involves the Canadian spouse filing a spousal sponsorship application after marriage. The Nigerian spouse must obtain an immigrant visa from a Canadian consulate outside of Canada before entering the country. This procedure is required whether the marriage takes place in Canada or not.
Alternative: Inland Spousal Sponsorship
There is an alternative route for obtaining permanent residence for a Nigerian spouse without leaving Canada, known as the Inland Spousal Sponsorship. This is particularly viable if the Nigerian spouse is in Canada on a valid work or student permit. However, this method can be challenging if the Nigerian spouse enters Canada as a visitor, due to the specific definition and expectations of a visitor’s visa in Canadian immigration law.
Visa Entry Requirements and Dual Intent
A key issue for Nigerian spouses is obtaining a visa to enter Canada. Ideally, they should enter as a visitor and then apply for permanent residence through inland sponsorship. However, to be granted entry as a visitor, the individual must convincingly demonstrate the intention to leave Canada at the end of their authorized stay. Evidence of ties to Nigeria, such as job commitments, property, or family connections, can be beneficial in this regard.
Dual Intent and Entry Strategies
Canadian law acknowledges the concept of ‘dual intent’, where a person can enter as a visitor while also intending to seek permanent residence. Yet, this dual intent can create complications at the port of entry. It’s essential to navigate this carefully. If questioned in detail at the port of entry, it’s crucial to be truthful while maintaining focus on the immediate purpose of the visit, not the long-term plan to stay.
Strategy for Port of Entry
The goal for a Nigerian spouse should be to clear the Canadian port of entry without triggering a secondary inspection, which involves detailed questioning. It’s advisable to provide straightforward, honest answers to border officers, focusing on the visit’s temporary nature. If subjected to a secondary inspection, complete honesty is the best policy, as any inconsistencies could jeopardize the immigration process.
Post-Entry Steps
Once in Canada, the Nigerian spouse can proceed with the inland spousal sponsorship application. This process will allow them to stay in Canada and ultimately obtain permanent residence if approved.
Conclusion
Navigating the Canadian immigration system as a Nigerian marrying a Canadian requires careful planning and adherence to the legal requirements. While the process can be complex, understanding the intricacies of visa applications and sponsorship can lead to a successful immigration experience.