Sponsor was outside Canada when applied for Spouse Sponsorship

[sahiMay25]

Hi... I am PR of Canada and I applied for my spouse's sponsorship when I was outside of the country because I was stuck there because of the flight ban but was still working remotely for my company and my lawyer said there will no problem with me staying outside of the country and he filed the application. The application was received on 25 May 2021 and got AOR on 7 August 2021. But no update after that.

I was checking comments in the forum that because I was outside of the country that can be the reason for the long wait time. Can someone please guide if that is the case and if yes, what I can do now, should I withdraw the application and submit it again or send proofs via a web form for the same application that I am back? I came back on 22 August 2021.

 

[chow 423]

Become a sponsor
You can become a sponsor if you are:

• at least 18 years old
• a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident,
• living in Canada:
  • if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
  • You can’t sponsor someone if you’re a permanent resident living outside of Canada.
• able to prove that you are not receiving social assistance for reasons other than a disability, and;

You must also be able to show that you can provide basic needs for:

• yourself,
• your spouse or partner,
• your spouse or partner’s dependent child(ren) (if applicable)
• your dependent child(ren) (if you’re sponsoring only your dependent child).

 

[DimT44]

Hi... I am PR of Canada and I applied for my spouse's sponsorship when I was outside of the country because I was stuck there because of the flight ban but was still working remotely for my company and my lawyer said there will no problem with me staying outside of the country and he filed the application. The application was received on 25 May 2021 and got AOR on 7 August 2021. But no update after that.

I was checking comments in the forum that because I was outside of the country that can be the reason for the long wait time. Can someone please guide if that is the case and if yes, what I can do now, should I withdraw the application and submit it again or send proofs via a web form for the same application that I am back? I came back on 22 August 2021.

Order GCMS notes and see what it says. Did you use a lawyer or an immigration consultant? I’m surprised a lawyer recommended this, that’s why I’m thinking they might be a consultant instead.

 

[sahiMay25]

Order GCMS notes and see what it says. Did you use a lawyer or an immigration consultant? I’m surprised a lawyer recommended this, that’s why I’m thinking they might be a consultant instead.

Thanks for the reply. It's Lawyer actually "Nanda & Associate Lawyers". But he did explain everything in the application that because of the flight ban I am stuck in India. He sent proof of my landing in Canada via web form a few days ago when I raised this concern. Do you think that should be fine? I ordered GCMS notes as well a few days ago.

 

[scylla]

Thanks for the reply. It's Lawyer actually "Nanda & Associate Lawyers". But he did explain everything in the application that because of the flight ban I am stuck in India. He sent proof of my landing in Canada via web form a few days ago when I raised this concern. Do you think that should be fine? I ordered GCMS notes as well a few days ago.

Order your GCMS notes and see what they say.

IRCC granted no flexibility to this rule due to travel bans and the pandemic. Your lawyer gave you bad advice unfortunately.

Ultimately up to the visa officer if they follow the rules strictly or show some flexibility.

 

[sahiMay25]

Order your GCMS notes and see what they say.

IRCC granted no flexibility to this rule due to travel bans and the pandemic. Your lawyer gave you bad advice unfortunately.

Ultimately up to the visa officer if they follow the rules strictly or show some flexibility.

Should I reapply to avoid refusal or wait for a decision?

 

[scylla]

Should I reapply to avoid refusal or wait for a decision?

If you want to reapply, you have to withdraw your current application first. You can't have two applications in progress.

 

[sahiMay25]

If you want to reapply, you have to withdraw your current application first. You can't have two applications in progress.

yaa, I know ... Not sure why my lawyer is saying living in Canada does not mean that physically present in Canada while applying. He said because he mentioned in the file that I will be back when the flight ban will be removed and I came back in August and also, I owned a condo in Canada and was working remotely from India so there will be no issue. He did send proof like my boarding pass for my arrival in Canada in August via web form last week after I raised this concern.

But I am still so worried about if I am doing everything right or not?

 

[scylla]

yaa, I know ... Not sure why my lawyer is saying living in Canada does not mean that physically present in Canada while applying. He said because he mentioned in the file that I will be back when the flight ban will be removed and I came back in August and also, I owned a condo in Canada and was working remotely from India so there will be no issue. He did send proof like my boarding pass for my arrival in Canada in August via web form last week after I raised this concern.

But I am still so worried about if I am doing everything right or not?

None of us can tell you what to do or what the outcome will be if you leave your current application processing. It's simply not possible for any of us to say - we aren't the visa officer.

One option is to wait for your GCMS notes to see what they say and then make a call on next steps based on this info.

I really don't have any further suggestions. Again, really impossible to recommend the best course of action here.

 

[sahiMay25]

None of us can tell you what to do or what the outcome will be if you leave your current application processing. It's simply not possible for any of us to say - we aren't the visa officer.

One option is to wait for your GCMS notes to see what they say and then make a call on next steps based on this info.

I really don't have any further suggestions. Again, really impossible to recommend the best course of action here.

Thank you so much

 

[armoured]

yaa, I know ... Not sure why my lawyer is saying living in Canada does not mean that physically present in Canada while applying.

You can certainly ask your lawyer. But it's somewhat speculative until you get the gcms notes to confirm that this is the issue.

Have you or the lawyer ordered the gcms notes? It costs $5 - I'd suggest you do so yourself, even if your lawyer does also - you should have the raw data i.e. not filtered by a lawyer who might have made a rather consequential mistake here.

 

[sahiMay25]

You can certainly ask your lawyer. But it's somewhat speculative until you get the gcms notes to confirm that this is the issue.

Have you or the lawyer ordered the gcms notes? It costs $5 - I'd suggest you do so yourself, even if your lawyer does also - you should have the raw data i.e. not filtered by a lawyer who might have made a rather consequential mistake here.

I ordered GCMS notes, the first time in August but got an automatic reply after 1 month and then ordered again last week. I even asked my local MP to get status and he received this.

• The PR Application under Spousal Sponsorship was received on May 25th, 2021.
• The application is currently being processed at both the New Delhi and Sydney Nova Scotia Office.
• Sponsor’s eligibility is under review. There is a review required for the eligibility and therefore, there is no specific processing time to finalize it.
• Principal Applicant:
  • The criminality is in progress.
  • The medical has not started.
• There are no documents being asked for at the moment.

 

[scylla]

I ordered GCMS notes, the first time in August but got an automatic reply after 1 month and then ordered again last week. I even asked my local MP to get status and he received this.

• The PR Application under Spousal Sponsorship was received on May 25th, 2021.
• The application is currently being processed at both the New Delhi and Sydney Nova Scotia Office.
• Sponsor’s eligibility is under review. There is a review required for the eligibility and therefore, there is no specific processing time to finalize it.
• Principal Applicant:
  • The criminality is in progress.
  • The medical has not started.
• There are no documents being asked for at the moment.

So that sounds like you've been flagged because you were outside of Canada when you submitted the application. IRCC is assessing your application more closely to determine if you meet the criteria to sponsor.

 

[sahiMay25]

So that sounds like you've been flagged because you were outside of Canada when you submitted the application. IRCC is assessing your application more closely to determine if you meet the criteria to sponsor.

Not sure why they are still not making any decision if I am not eligible they should just make a decision and let me know so that I can apply again. It's so frustrating.

 

[marcello81]

You said you owned a Condo in Canada? Did you live in that Condo? If so then you should be ok!? The rules say you can´t live outside while applying for sponsorship, they don´t say you can´t stay or travel outside of canada. From my view you just stayed outside of canada for a period of time but you never gave up your home and adress in canada. The wording would be different if you couldn´t spend time outside canada.