JULY 2020 *Outland* Spousal Sponsorship

[LotusLeodis]

My question is, will my wife's spousal application be rejected if I mailed the application to CPC Sydney,NS from India while being stranded in India due to COVID19? I am a permanent resident and not a citizen. I believe a permanent resident has to be in Canada to sponsor spouse but given COVID, I am in India.

From:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

'You can’t sponsor someone if you’re a permanent resident living outside Canada."

If you can prove you are living in Canada: residence, bill paying, tax paying, job etc., then I might argue you can sponsor still. I would try and return to Canada as soon as possible to remove any doubt, but that's just my interpretation and your mileage may vary.

 

[armoured]

My question is, will my wife's spousal application be rejected if I mailed the application to CPC Sydney,NS from India while being stranded in India due to COVID19? I am a permanent resident and not a citizen. I believe a permanent resident has to be in Canada to sponsor spouse but given COVID, I am in India.

Chances are it will eventually be rejected when they open the file, and determine your eligibility as a sponsor if you are still abroad, which is relatively early in the process. (I think prior to covid many were getting sponsor approval within a few weeks after AOR1, meaning it is one of the first things they check.)

So personal opinion only: I would suggest returning to Canada as soon as possible and updating IRCC - by webform or however - that you are now in Canada. It's possible - not guaranteed but possible - that they would be a bit merciful if you are in Canada when sponsorship is evaluated and you plead covid.

The other options are to return early and take the chance they would find out you are in Canada on their own (e.g. through border entry records), OR just take your chances and remain in India (not recommended at all, they likely will find out). I see no advantage to not notifying them, they will get the same information either way, and there is some chance they'll be kind for covid related.

But make no mistake, they could just outright refuse, and the sooner you return to Canada, the better your chances.

Again, only IMHO.

 

[Alexn]

My question is, will my wife's spousal application be rejected if I mailed the application to CPC Sydney,NS from India while being stranded in India due to COVID19? I am a permanent resident and not a citizen. I believe a permanent resident has to be in Canada to sponsor spouse but given COVID, I am in India.

From what I understand, you are not living in India, you are on "vacation", you residence is still in Canada, so it should be fine. I would come back to Canada as soon as possible.
I'm not sure about this, maybe someone with more information about this can give you more advice.

 

[Aniavi]

From what I understand, you are not living in India, you are on "vacation", you residence is still in Canada, so it should be fine. I would come back to Canada as soon as possible.
I'm not sure about this, maybe someone with more information about this can give you more advice.

Thank you. Yes, I came to India for my wedding and then due to COVID stuck here. Had all the documents ready for spousal sponsorship and thus, decided to mail it from India to save time while waiting to go back.

 

[Aniavi]

Chances are it will eventually be rejected when they open the file, and determine your eligibility as a sponsor if you are still abroad, which is relatively early in the process. (I think prior to covid many were getting sponsor approval within a few weeks after AOR1, meaning it is one of the first things they check.)

So personal opinion only: I would suggest returning to Canada as soon as possible and updating IRCC - by webform or however - that you are now in Canada. It's possible - not guaranteed but possible - that they would be a bit merciful if you are in Canada when sponsorship is evaluated and you plead covid.

The other options are to return early and take the chance they would find out you are in Canada on their own (e.g. through border entry records), OR just take your chances and remain in India (not recommended at all, they likely will find out). I see no advantage to not notifying them, they will get the same information either way, and there is some chance they'll be kind for covid related.

But make no mistake, they could just outright refuse, and the sooner you return to Canada, the better your chances.

Again, only IMHO.

Thank you. Yes, I came to India for my wedding and then due to COVID stuck here. Had all the documents ready for spousal sponsorship and thus, decided to mail it from India to save time while waiting to go back. Intend to go back soon and that is what i indicated in the cover letter along with application i sent. Given AOR 1 is couple months away, hopefully i should be back in Canada before AOR1 is received and I shall update IRCC as soon as I am back in Canada through web form or phone number. I continue to work for my Canadian employer, pay my rent there in Canada and also taxes.

 

[Aniavi]

From:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

'You can’t sponsor someone if you’re a permanent resident living outside Canada."

If you can prove you are living in Canada: residence, bill paying, tax paying, job etc., then I might argue you can sponsor still. I would try and return to Canada as soon as possible to remove any doubt, but that's just my interpretation and your mileage may vary.

Thank you. Yes, I came to India for my wedding and then due to COVID stuck here. Had all the documents ready for spousal sponsorship and thus, decided to mail it from India to save time while waiting to go back. Intend to go back soon and that is what i indicated in the cover letter along with application i sent. Given AOR 1 is couple months away, hopefully i should be back in Canada before AOR1 is received and I shall update IRCC as soon as I am back in Canada through web form or phone number. I continue to work for my Canadian employer, pay my rent there in Canada and also taxes. I sent my pay stubs, Employment Verification letter, a letter from landlord and copies of bank statements as part of the application package to show that I am still a resident of Canada and stuck in India due to COVID.

 

[LotusLeodis]

Thank you. Yes, I came to India for my wedding and then due to COVID stuck here. Had all the documents ready for spousal sponsorship and thus, decided to mail it from India to save time while waiting to go back. Intend to go back soon and that is what i indicated in the cover letter along with application i sent. Given AOR 1 is couple months away, hopefully i should be back in Canada before AOR1 is received and I shall update IRCC as soon as I am back in Canada through web form or phone number. I continue to work for my Canadian employer, pay my rent there in Canada and also taxes. I sent my pay stubs, Employment Verification letter, a letter from landlord and copies of bank statements as part of the application package to show that I am still a resident of Canada and stuck in India due to COVID.

If you are working remotely for your company, I would ensure you have any correct visas in place that you might require to work in India while you are away.

 

[Aniavi]

If you are working remotely for your company, I would ensure you have any correct visas in place that you might require to work in India while you are away.

Thank you. I am a citizen of India and I do not require visa to stay/work in India.

 

[LotusLeodis]

Thank you. I am a citizen of India and I do not require visa to stay/work in India.

Then that part is all sorted!

 

[Aniavi]

Then that part is all sorted!

Given delay in receipt of AOR 1 due to COVID, I should hopefully be back in Canada before I receive the AOR and I could then intimate IRCC either through web form or through phone about my arrival back in Canada.

 

[armoured]

Given delay in receipt of AOR 1 due to COVID, I should hopefully be back in Canada before I receive the AOR and I could then intimate IRCC either through web form or through phone about my arrival back in Canada.

Since you indicated you were out of country in your cover letter, would definitely notify you have returned to Canada - and hold your fingers and hope the person reading it has that message attached to the file or is kind and decides to check. It could be rejected at that point.

And again, the sooner you return to Canada, the better. Some here have got 'temporary' file numbers (assigned it seems when first received but before even basic evaluation), and if you can get that to ensure your update on being in Canada is attached to the file, that would help.

Again, though, you bear the risk that it won't be accepted and will be sent back. I hope the return address is in Canada because they do not notify by email that they've returned the file. (Well, perhaps unfairly assuming Canada Post will be faster/more reliable than the indian post)

 

[Aniavi]

Since you indicated you were out of country in your cover letter, would definitely notify you have returned to Canada - and hold your fingers and hope the person reading it has that message attached to the file or is kind and decides to check. It could be rejected at that point.

And again, the sooner you return to Canada, the better. Some here have got 'temporary' file numbers (assigned it seems when first received but before even basic evaluation), and if you can get that to ensure your update on being in Canada is attached to the file, that would help.

Again, though, you bear the risk that it won't be accepted and will be sent back. I hope the return address is in Canada because they do not notify by email that they've returned the file. (Well, perhaps unfairly assuming Canada Post will be faster/more reliable than the indian post)

Is there a way for me to get a temporary file number? When i check the tracking number from the shipping company, the package was delivered and signed by a person from CPC, Sydney, NS. However, when I sent a web form inquire with the tracking details, payment receipt number, i got a response saying they haven't been able to locate the application. Is it because they have received the application but haven't opened it and scanned into the system and thus, unable to locate it?

 

[armoured]

Is there a way for me to get a temporary file number? When i check the tracking number from the shipping company, the package was delivered and signed by a person from CPC, Sydney, NS. However, when I sent a web form inquire with the tracking details, payment receipt number, i got a response saying they haven't been able to locate the application. Is it because they have received the application but haven't opened it and scanned into the system and thus, unable to locate it?

Some have been able to get the temporary number by calling in to CPC - but long phone waits, etc. Not all have been successful in this, but I am guessing they are not giving these temp file numbers by webform inquiry.

I didn't notice how long ago you sent, it will take some time for them to enter even for temporary, but we have no idea how long that may be.

At any rate, better to get to Canada first and then inquire with all this.

 

[Catherine1616]

Just out of curiosity, any July applicants got your temporary file numbers?

 

[LotusLeodis]

Just out of curiosity, any July applicants got your temporary file numbers?

How would one go about doing that?