In Canada, there are two (2) types of settlement visas that not only permit entry but also provide residency rights to its holders. There is a visa allotted for eligible relatives, and there is a visa allotted for a spouse, common-law partner or conjugal partner.
For a Thai who is legally married to a Canadian, the latter can immediately apply a petition for a Canadian spouse visa in Thailand. While it is true that family petitions have higher approval rates, denials still occasionally occur. Due to this, one should ensure that all of the conditions and requirements needed by the visa are readily satisfied.
Valid marriage
A valid marriage should be readily demonstrable by Thai spouses. If any of the involved parties has been married before, they should make sure that the previous relationship was legally terminated. This can be shown via showing divorce or annulment papers. For widows and widowers, they need to provide death certificates. Couples must show that there was no legal impediment when their marriage took place.
Sponsorship conditions
A Canadian petitioner becomes an eligible sponsor if he signs a sponsorship agreement. This means that he will be providing financial support to the Thai spouse for three (3) years upon the spouse acquiring permanent residency. In case there is a dependent that is below 10 years old, the latter should be supported as well. However, the required timeframe is longer. The support lasts for as long as 10 years or until the child reaches the age of 25.
There are instances, however, where a sponsor becomes ineligible. For example, if the Canadian partner has sponsored a relative before and was unable to comply with the sponsorship agreement, he may not be able to petition his Thai spouse. The same rule applies to those who are currently providing child support or were guilty of committing sex crimes. Evidently, those who have declared bankruptcy, have been imprisoned, or who handle immigration loans are not permitted to sponsor as well.
Residency rights and privileges
Approved applicants are considered permanent residents of Canada. This means that they are entitled to health and social benefits. They may also study and work. They may apply for citizenship later on.
This article was provided by Siam Legal, an international law firm with offices in Bangkok, Chiang Mai, Hua Hin, Pattaya, Phuket, and Samui. Siam Legal publishes legal guides to obtaining Canadian visas in Thailand on its website.
Siam Legal International
Interchange 21 Building, 23rd Floor, 399 Sukhumvit Road
North Klongtoey, Wattana, Bangkok 10110
Tel: 662 259-8100








