Spousal Sponsorship Case Study | Cuba
The Canadian Government offers a Family Class Sponsorship pathway to permanent residency for non-Canadians who have Canadian spouses or children. Many of our clients are Canadian citizens looking to sponsor their spouses or partners who hold Cuban citizenship. While Canada’s spousal sponsorship program does not discriminate based on country of origin, we’ve found that the process can sometimes be more complicated for Cuban principal applicants (the individual being sponsored). As such, we have put together a case study guide for Canadian citizens or permanent residents who wish to sponsor their Cuban spouse.
Getting Married to a Cuban National
Getting a travel visa for a Cuban partner to come to Canada can be difficult. As a result, we typically see our community and clients travel to Cuba to marry their partners. Canadian citizens who wish to marry non-Canadians in Cuba must follow specific directives so that their marriage will be recognized:
If you are single before this marriage
Affidavit of Single Status
If you were divorced before this marriage
If the divorce took place more than two years ago, you may need an Affidavit of Single Status. Contact Notary at the International Law Office to learn more.
If you are widow
Any Affidavits must be issued within six months of the marriage
If the Canadian spouse wasn’t born in Canada, they must obtain a letter from the Consulate or Embassy of their country of birth, stating that the document can be considered valid. Present the birth certificate at the Legal Department of Global Affairs Canada for authentication.
All documents must be translated into Spanish and taken to the Legal Department of Global Affairs Canada for authentication (111 Sussex Drive K1N 1J1).
Present the documents at the Consulate for legalization
The fee for legalization is $176.00 CAD per document
Pay an extra $40.00 CAD fee if the application is sent by mail
The ceremony must be held at the International Law Office
Options for Same-Sex Couples
Unfortunately, we must note that same-sex marriage is not legally recognized in Cuba. However, this does not mean that Canadian spousal sponsorship is impossible for same-sex couples. Under Canadian immigration law, there are 3 types of "marital status" defined within the Immigration Act: married couples (spouses), common-law partners, and conjugal partners. Conjugal partner status allows those in marriage-like relationships to be sponsored. In order to obtain this status, a couple must show that the other two categories (spouse and common-law) are not possible for them to qualify for. For example, if the Cuban partner cannot get a travel visa to marry elsewhere where same-sex marriages are legal, and the Canadian partner can’t live with them common-law in Cuba, then the couple can claim conjugal partnership and still apply for sponsorship.
Once a Canadian and Cuban resident or citizen are married, they are eligible to submit a spousal sponsorship application to return to Canada. The process typically takes twelve months in total for an application to be approved.
Note that this application is paper-based
For the person being sponsored (principal applicant):
If documents provided are not in English or French, you must provide a notarized translation with a copy of the original documents
You must provide originals of all documents issued in Cuba.
Provide biometrics (fingerprints and photo), if needed
Submit by mail
Address for spouses outside of Canada: CPC Sydney P.O. Box 9500 Sydney NS, B1P 0H5
Address for spouses living in Canada: CPC Mississauga P.O. Box 5040, Station B Mississauga, ON, L5A 3A4
You can now also apply online which we recommend.
Link application to your online account
What We’ve Learned from Submitting Applications from Cuba
A medical exam is required in addition to biometrics
Panel physicians and biometric facilities aren’t available in Cuba, so applicants will have to travel outside of Cuba to have these done at a cost to the application. This is mandatory and the application will not be approved without it.
Interviews are common when applying
Cubans must submit original documents to IRCC when applying for sponsorship
A police certificate is required for anyone applying to become a permanent resident or citizen in Canada. Applications will need to provide a copy of the contract that you obtained with your police certificate from Cuba.
Calver and Associates is a leading provider of Canadian Immigration services in Durham Region. We serve clients in Oshawa, Whitby, Ajax, and beyond. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law and over four years of experience serving those in the Oshawa area.
We can provide assistance with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.
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