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About Dependent Visa Law in White Rock, Canada

In Canada the term "dependent" commonly refers to spouses, common-law partners and dependent children who seek to join a family member living in Canada. Immigration decisions and visa categories that affect dependents are governed by federal law and processed by Immigration, Refugees and Citizenship Canada - IRCC. White Rock is a city in British Columbia and falls under the same federal immigration rules as the rest of Canada. Provincial programs, such as the British Columbia Provincial Nominee Program - BC PNP, can also affect eligibility for permanent residence and may allow family members to be included in an application.

Why You May Need a Lawyer

Immigration applications for dependents may seem straightforward but they involve legal requirements, documentary standards and deadlines. You may need a lawyer when:

- A sponsorship or dependent application is refused or delayed for unclear reasons.

- There are questions about the genuineness of a marriage or relationship and you need to gather and present relationship evidence.

- The sponsor or the dependent has a criminal record, medical issues or other inadmissibility concerns that require legal strategy.

- You need to restore status, change conditions, or apply for an open work permit while in Canada.

- You must respond to a request for additional information, a procedural fairness letter, or a removal order.

- You plan to challenge a refusal through reconsideration, a Federal Court judicial review, or other appeal routes and need legal representation.

- You prefer professional help to prepare complex applications, translations, and sworn affidavits to reduce the chance of delays or refusals.

Local Laws Overview

Key legal points relevant to dependents in White Rock include the following:

- Federal jurisdiction over immigration: Visa issuance, permanent residence, work permits and family sponsorship are primarily federal matters administered by IRCC. Municipal governments do not issue immigration documents.

- Provincial nomination: The BC PNP can enable permanent residency for skilled workers and their family members. If a principal applicant obtains nomination, dependents are usually included in the PR application.

- Temporary resident dependents: Spouses and dependent children of work permit holders and international students may qualify for open work permits or study permits, subject to federal eligibility rules and the status of the principal applicant.

- Health coverage: Eligibility for British Columbia Medical Services Plan - MSP depends on immigration status. Some temporary residents face waiting periods or have to purchase private insurance until MSP coverage begins.

- Family law considerations: Family rights, custody and access disputes are governed by provincial family law in British Columbia. Immigration status can affect family law matters but does not replace family court processes.

- Authorized representation: Only Canadian lawyers in good standing with a provincial law society or accredited representatives regulated by the College of Immigration and Citizenship Consultants - CICC are authorized to represent clients in immigration matters.

Frequently Asked Questions

What is a dependent for Canadian immigration purposes?

For immigration, a dependent typically means a spouse or common-law partner, and dependent children. Dependent children usually must be under a certain age and not have a spouse or common-law partner. Exact definitions and age limits depend on the specific immigration program being used.

How can I sponsor my spouse or partner to come to Canada from White Rock?

The usual route is family sponsorship through IRCC. The sponsor must meet sponsorship eligibility requirements, submit the sponsorship and permanent residence application packages, and provide evidence of the genuine relationship. Sponsors must also meet income and admissibility criteria where applicable.

Can dependents work or study while their application is pending?

Dependents may qualify for work or study authorization depending on their status and the principal applicant's permit. Spouses of certain work permit holders or international students can be eligible for an open work permit. Dependent children may need study permits. Eligibility varies by program and circumstances.

What documents are commonly required for a dependent visa application?

Common documents include identity documents, relationship evidence (marriage certificate, photos, joint leases, affidavits), passports, birth certificates for children, police clearance certificates, medical examination results and proof of the sponsor's status and financial ability. Specific lists vary by application type.

How long do dependent visa applications usually take?

Processing times vary widely by application type, country of origin and IRCC caseload. Temporary resident permits and open work permits may process in weeks to months. Family sponsorship for permanent residence often takes many months. Always check current IRCC processing time estimates and plan for additional time for biometrics, medicals and security checks.

What happens if a sponsorship or dependent application is refused?

If an application is refused you will receive a refusal letter explaining the reasons. Options may include reapplying with additional evidence, requesting reconsideration in limited circumstances, seeking judicial review at the Federal Court, or pursuing alternate immigration avenues. A lawyer can assess whether an appeal or judicial review is appropriate.

Can I sponsor an unmarried partner or common-law partner?

Yes. Common-law partners and conjugal partners may be sponsored if they meet IRCC definitions. Common-law partners usually must demonstrate cohabitation for a specified period and provide supporting evidence. Conjugal partner sponsorship is for relationships where cohabitation is not possible for reasons beyond the partners control and requires strong evidence.

Are same-sex spouses and partners treated differently?

No. Canada recognizes same-sex marriage and partnerships for immigration purposes and they are eligible for the same sponsorship and dependent routes as opposite-sex relationships, provided the relationship meets IRCC requirements.

What if the sponsor loses their legal status in Canada during the process?

If the sponsor loses status the sponsorship may be affected. The sponsor must generally be a Canadian citizen or permanent resident and meet eligibility criteria at the time of application and sometimes during processing. If status changes, seek legal advice promptly to understand options such as restoring status or finding alternative sponsorship routes.

How much does it cost to sponsor a dependent?

Costs vary by program and may include sponsorship processing fees, principal applicant processing fees, biometrics, medical exams and the right of permanent residence fee where applicable. Fees change from time to time, so confirm current amounts with official sources before applying. Legal representation involves separate professional fees.

Additional Resources

Useful organizations and bodies to contact or consult when dealing with dependent visa issues include:

- Immigration, Refugees and Citizenship Canada - IRCC for federal application rules and processing information.

- British Columbia Provincial Nominee Program - BC PNP for provincial nomination pathways.

- College of Immigration and Citizenship Consultants - CICC for verification of accredited immigration consultants.

- Law Society of British Columbia for finding licensed immigration lawyers and checking credentials.

- Community settlement services in the Surrey and White Rock area, such as immigrant-serving organizations that assist with document preparation, translation and settlement planning.

- Fraser Health for information on provincial health coverage and eligibility.

- Access Pro Bono and community legal clinics for limited-scope or low-cost legal help if you qualify.

Next Steps

If you need legal assistance with a dependent visa in White Rock take these practical steps:

- Identify your situation: gather basic facts about the sponsor and dependent, current immigration status, country of residence and any past refusals or criminal records.

- Collect documents: start assembling identity documents, relationship evidence, passports, and any existing correspondence from IRCC.

- Check eligibility and processing times: review the relevant IRCC and BC PNP guidance for the specific application route you plan to use.

- Seek authorized advice: consult a licensed Canadian immigration lawyer or an accredited CICC representative. Verify credentials before sharing personal information or paying fees.

- Consider free or low-cost help first: if budget is a concern, contact local settlement agencies or legal clinics for initial guidance.

- Prepare for costs and timelines: understand government fees, anticipated professional fees and expected timelines to make informed decisions.

- Keep records: retain copies of every document and submission, and note application numbers, dates and correspondence.

If you are unsure where to start, a short paid consultation with a qualified immigration lawyer can help clarify options, required documents and likely timelines for your dependent visa matter.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.