Visas & Advice Detail
Decent proposals
Is the love of your unmarried life a Canuck, Yankee, Kiwi or Aussie? Read on to find out how to tie the knot and wrap up the immigration paperwork at the same time
Canada:
If you are lucky enough to be in a partnership with a Canadian resident or citizen then they may be able to sponsor your visa application.
"The best route to follow is to submit the application to sponsor to the Mississauga Case Processing Centre," explains immigration attorney Peter Krochak. "Processing is usually completed within six months if no interview is required and within one year if an interview is necessary."
To prove that the marriage is legitimate, the applicant may have to provide an evidence file. "Photos are wonderful evidence especially if a variety of pictures is provided over the course of the relationship," says Krochak. "A marriage certificate is required for married couples. A statutory declaration of common-law union is required for common-law couples, plus two affidavits from persons who can attest to their common-law relationship."
Processing times for sponsored spousal visas can be long, so Krochak advises laying the groundwork for your application before your wedding takes place. "This allows the application to sponsor to be submitted as soon as the Certificate of Marriage is obtained," he says.
Peter Krochak of Abrams and Krochak
America:
The K-3 is the US marriage visa, but how do you go about securing one if you're about to tie the knot with a US citizen?
"Firstly, the US citizen files a 'petition' requesting that their foreign spouse be 'rubber stamped' as being eligible for a green card," explains attorney Elliot Greene. "Next, the spouse has to collect the green card either at the US Embassy [if living in the UK], or in the US through a process called 'Adjustment of Status'.
Applicants may start preparing their applications ahead of their marriage, but may not apply until they have their marriage certificate. "The married couple will eventually be scheduled to appear for an interview at a local immigration field office [or the US Embassy if still residing in their home country]; this normally occurs within the first six months after filing," continues Green. "At the interview questions must be answered and evidence produced to verify the validity of the marriage. All being well, a two-year conditional green card will be confirmed at the interview, and a second application is then submitted during the 90 days prior to the expiration of the conditional green card – at which point a ten-year green card will be issued. The second application is submitted by mail and requires comprehensive supporting evidence to show that the couple have been co-habiting for the period since the initial interview.
"The applicant may then apply for US citizenship on the third anniversary of the initial interview – provided the couple are still married and living together (five years if they are not)."
Attorney Elliot Greene of Legal Immigration Services
Australia:
If you are married or in a de-facto relationship with an Australian who is willing to sponsor you then you may be able to apply for a spouse visa.
"If you apply as a de facto couple then you will need to evidence the genuineness of the relationship for at least the previous 12 months at the time you apply," explains migration agent Julia Skoglund. "The sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen." People applying under the spouse category usually go through a two-stage process. The process involves applying for a temporary visa first and then a permanent visa once certain conditions are met. You will still need to pass health and character checks.
The Prospective Marriage visa works in a similar way, but is open to people who are enagaged to an "Australian citizen, Australian permanent resident or eligible New Zealand citizen. "When applying for a prospective marriage visa you must be committed to the forthcoming marriage with your Australian partner. The marriage ceremony will have been pre-booked and you must submit, as part of your application, a Nomination of Intent of Marriage, known as the NOIM," adds Skoglund.
Julia Skoglund of Migrate Australia
New Zealand:
If you are the partner, fiancé(e) or spouse of a New Zealand resident then you may be able to emigrate under the unmarried partner, fiancé(e) and marriage visa.
Referred to as a 'partnership visa', this permit is listed under the Family Category, and comes with a number of conditions. Both the applicant and his or her partner need to be 18 – or have consent from their parent or guardian if between 16 and 18. As with the majority of NZ visas, basic standards of character and health must be met by the applicant. Most importantly, the union between the NZ resident and their partner will need to meet the 'minimum requirements of a partnership' as set out by Immigration New Zealand. As well as an age restriction, these include the stipulation that the partners must have met each other prior to submitting an application and must not be close relatives.
Under this visa, the 'partner' of an applicant is designated as somebody who has been legally married to them, or in a close living relationship that is similar to marriage, for 12 months or more. This final condition may be waived, however, if you and your partner can show that you are in a genuine and stable relationship.
Back to emigrate magazine home