Spousal Sponsorship

[taqem]

Hello,

My fiance and I have been dating for 5 years and would like to start the application process to get him sponsored. He has a SX1 Visa for six months until April 2019. We find the process confusing and harder than we expected. We have a few questions regarding the application process and will be very appreciative for any answers to our questions. Thanks and Happy New Year!

* When applying for sponsorship of a spouse will we need to use the application forms under this title. Will we also need to include application forms for "applying for Permanent Resident Card"? If yes which one none seem to apply so we assumed the forms included in the sponsoring a spouse guide qualifies him for permanent residency

*If we begin the process and do not receive an approval letter before his visa is expired in April, will he have to leave or is it true that once the application is received he can stay until it is denied or approved?

*Since he has an SX1 Visa is he eligible to extend his stay? This visa does not include a work permit so when applying for an extension it seems it is also to apply for a work permit ( Not sure). If he just wants to apply for an extension until the sponsorship application is approved how will he do that?

*Should we hire a lawyer or representative to help us in applying for spousal sponsorship. Is it worth all of the money it cost and is it wise to rely upon someone else to do our application forms for us?

Thank you for reading all of our questions

 

[canuck_in_uk]

Hello,

My fiance and I have been dating for 5 years and would like to start the application process to get him sponsored. He has a SX1 Visa for six months until April 2019. We find the process confusing and harder than we expected. We have a few questions regarding the application process and will be very appreciative for any answers to our questions. Thanks and Happy New Year!

* When applying for sponsorship of a spouse will we need to use the application forms under this title. Will we also need to include application forms for "applying for Permanent Resident Card"? If yes which one none seem to apply so we assumed the forms included in the sponsoring a spouse guide qualifies him for permanent residency

*If we begin the process and do not receive an approval letter before his visa is expired in April, will he have to leave or is it true that once the application is received he can stay until it is denied or approved?

*Since he has an SX1 Visa is he eligible to extend his stay? This visa does not include a work permit so when applying for an extension it seems it is also to apply for a work permit ( Not sure). If he just wants to apply for an extension until the sponsorship application is approved how will he do that?

*Should we hire a lawyer or representative to help us in applying for spousal sponsorship. Is it worth all of the money it cost and is it wise to rely upon someone else to do our application forms for us?

Thank you for reading all of our questions

Hi

1. No, you don't include the PR card forms.

2. Submitting a PR app does not grant status. If you apply inland and include an OWP, status will be maintained and it takes about 4 months to get the OWP. If you apply outland, he needs to maintain his status separately.

3. His TRV is irrelevant. He has status as either a visitor or a student.

4. You don't need a lawyer or representative. Not worth the money.

 

[Wakki]

Get your checklist, forms and instructions

 

[Wakki]

if you plan to submit inland sponsorship + OWP.....ensure the application package is received when the applicant has status as the OWP which gives the applicant implied status will not be approved if applicant is out-of-status.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/extending-a-sx-1-visa-while-in-canada.112396/

 

[taqem]

if you plan to submit inland sponsorship + OWP.....ensure the application package is received when the applicant has status as the OWP which gives the applicant implied status will not be approved if applicant is out-of-status.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/extending-a-sx-1-visa-while-in-canada.112396/

Thank you for providing us with this link. Please correct me if I am wrong but it said the the SX-1 visa cannot be extended at all because it is not a study permit visa. Because we are applying for sponsorship and including the extension/ work permit request will they grant him an extension. Or no form an extension can be given under this visa including a work permit

Thank you again we really appreciate it

 

[taqem]

Hi

1. No, you don't include the PR card forms.

2. Submitting a PR app does not grant status. If you apply inland and include an OWP, status will be maintained and it takes about 4 months to get the OWP. If you apply outland, he needs to maintain his status separately.

3. His TRV is irrelevant. He has status as either a visitor or a student.

4. You don't need a lawyer or representative. Not worth the money.

Thank you so much for replying to our questions. Can you please clarify a couple of things for us.

* We are aware that the process takes about 3-4 months but we are concerned because we have to get legally married first before applying for sponsorship and he only has 4 months left of his visa. Will he have to leave if the application is not accepted before the 4 months on his SX-1 visa is over?

* I was told the SX-1 visa cannot be extended so if we apply for the extension/ work permit will they give him the work permit and this counts as an extension and legal status in Canada?

* Since the marriage process can take pretty long can he apply for a work permit while he attends English courses. Or will this decrease the chances of our sponsorship approval if he is denied?

 

[Wakki]

SX-1 visa cannot be extended

apply for inland sponsorship + OWP when the applicant has status (i.e., visa has not expired).....you really have to ensure the application package is complete, forms are signed and fees are fully paid (sponsorship fees - $1040 and OWP fees - $100 + $155 = $255 for OWP) to avoid your application package been returned.....as you don't want to resubmit the sponsorship when the visa has expired.

the sponsorship application does not grant the applicant any status....its the OWP included with the inland sponsorship that grants the applicant implied status.....but the OWP application can only be approved if the applicant has status.......SX-1 visa cannot be extended......so yourcomplete inland sponsorship + OWP application should be received when the applicant has status.

 

[canuck_in_uk]

Thank you so much for replying to our questions. Can you please clarify a couple of things for us.

* We are aware that the process takes about 3-4 months but we are concerned because we have to get legally married first before applying for sponsorship and he only has 4 months left of his visa. Will he have to leave if the application is not accepted before the 4 months on his SX-1 visa is over?

* I was told the SX-1 visa cannot be extended so if we apply for the extension/ work permit will they give him the work permit and this counts as an extension and legal status in Canada?

* Since the marriage process can take pretty long can he apply for a work permit while he attends English courses. Or will this decrease the chances of our sponsorship approval if he is denied?

1. Including the OWP with the PR app maintains status. If you don't apply until closer to the expiry of status in April, he can also apply for an extension as a visitor.

2. Again, the TRV is irrelevant and he has status as either a student or visitor. Status can be extended.

3. He can apply for an OWP with the inland app. He doesn't qualify for a work permit separately.

 

[applelicious1120]

Hello! My husband and I applied for spousal sponsorship last April 2019, medical and biometrics was done already and had an interview last Nov. 2019... Any idea how long will it take for the IRCC to send reply for the decision? Thank you!