A few questions regarding spousal sponsorship for landed immigrant status...

[adobres]

Hello everyone! I have a few questions. I'll start off with explaining our situation here:

I am a canadian Citizen and my wife is Australian Citizen. We are legally married.
I am in australia presently on a working holiday Visa staying at my wifes house she lives in here in melbourne australia.
WE have decided to do the big move and setlle in Canada. WE have baught plane tickets for May 6th for Canada where my wife will enter on a 6 month visitor Visa, like she has been doing the last 2 visits to canada. The only difference is, this time, we are rushing to get all the forms togehter for landed immigrant status for her. Now here are my questions:

Does it make a difference if we get these applications completed and sent here from australia before we leave? Or is it just the same if we wait till we get to canada and then send them in.

What we were hoping is to finish them and send them off. Then enter canada on her visitor visa, where hopefully within that 6 month period I will be approved as a sponsor and also she will be approved for landed immigrant status for when we will go to USA for a couple weeks and then come back to canada, where then her new visa will come into effect. Does this sound okay? From what I have read and gathered, this seems okay.

If it doesn't go through in the 6 months, im not sure what step to take? Extension on her visitor visa? Does anyone know? would she have to go back to australia?

Also, I didn't realize I would need my recent tax notice of assesment. As I am am two years behind, I just spent all week finishing my taxs and filing them for 2010 and 2011. Would you think it would be alright to send them my 2009 Notice of assesment and tell them I will send the others when I get the papers back?

also when in the application it asks if I am residing in canada or outside of country, would being in australia now on working holiday be considered "residing" in australia. ???

Last question, when on the Apendix C medical health check sheet, it asks, what visa office this form will be processed. would thjat be missisauga ontario? Or at the next office that the forms go to after I get excepted as a sponsor.

Has anyone else had similar issues as ours? have you been excepted? I'm just not sure how strict they are and I am worried they will send my wife back to australia, and we are making this risk and moving everything now hoping it will all work out.

please if you have some info please help us out.

thank you so much,

Adam.

 

[canadianwoman]

Does it make a difference if we get these applications completed and sent here from australia before we leave? Or is it just the same if we wait till we get to canada and then send them in.

Either is OK. The sooner they are in the sooner they will process them.
However, in your case it would be better to send the forms in after you get back to Canada - then you do not have to say you are residing in another country, and so you won't have to submit proof you will return to Canada.

What we were hoping is to finish them and send them off. Then enter canada on her visitor visa, where hopefully within that 6 month period I will be approved as a sponsor and also she will be approved for landed immigrant status for when we will go to USA for a couple weeks and then come back to canada, where then her new visa will come into effect.

She may or may not get her PR visa that quickly. If there is an interview, she will have to go back to Australia for it. However, she can enter the USA on the visa waiver program, and then she can reenter Canada as a visitor again. You will have been approved as the sponsor by then, so just take proof you have applied for her PR with you to the USA to show the border agent when you reenter Canada.

If it doesn't go through in the 6 months, im not sure what step to take? Extension on her visitor visa?

Yes, she just applies to extend her stay before the 6 months is up.

Also, I didn't realize I would need my recent tax notice of assesment. As I am am two years behind, I just spent all week finishing my taxs and filing them for 2010 and 2011. Would you think it would be alright to send them my 2009 Notice of assesment and tell them I will send the others when I get the papers back?

I don't know if CIC Mississauga will accept this. If you don't have the most recent Option C, you just explain why in a letter in your application, but they do expect you to have a good reason for not having one - not having done your taxes yet is not really a good reason.

also when in the application it asks if I am residing in canada or outside of country, would being in australia now on working holiday be considered "residing" in australia. ???

Yes, unless you are there for only a few months. But if it is for a year or more, you're residing there. In any case, it doesn't make much difference - a Canadian citizen can sponsor a spouse while residing outside Canada. You need to include proof you will go back to Canada, but since you are going back to Canada that should be easy. However, if you send the application in after you get back to Canada, you can avoid this problem - just say you are residing in Canada since the date you returned, and you won't need any proof you will return.

Last question, when on the Apendix C medical health check sheet, it asks, what visa office this form will be processed. would thjat be missisauga ontario? Or at the next office that the forms go to after I get excepted as a sponsor.

It is the visa office that will process her forms - Sydney, I believe.

Australians don't usually have much difficulty getting accepted.

 

[adobres]

Thanks for your reply. I've only been in australia for 3 months so would I still put residing in australia? I did read somewhere if you apply from inside the country (canada) it could take longer? which makes no sense to me but anyways... Just curious why she could get called for an interview to australia? what would they need to SEE her for and make her travel all that way?? couldn't this be done on phone?

She'll be entering canada on a visotor visa, would it have been better to come on temporary resident visa? I didn't know that existed till just today. Sorry for all the questions. Its just so overwhelming all of this!!

thank you!

Adam.

 

[scylla]

Just curious why she could get called for an interview to australia? what would they need to SEE her for and make her travel all that way?? couldn't this be done on phone?

If an interview is required, it must be attended in person. So yes - they will need to see her if an interview is called and yes - she would have to travel all that distance.

Interviews are typically called if there are concerns the relationship isn't genuine.

 

[canadianwoman]

I've only been in australia for 3 months so would I still put residing in australia?

If you are leaving Australia in May, you won't have been there long enough. You could claim you were still a resident of Canada. If you do send the application from Australia, though, I would include proof you are going back soon.

I did read somewhere if you apply from inside the country (canada) it could take longer?

You can apply outland or inland. This is not in reference to where the applicant actually is. If she is in Canada she can apply inland, and would then have to stay in Canada for the whole length of processing. For Australians, inland is much longer than outland. However, outland just means the application is processed outside of Canada. Since she is Australian, she can visit Canada without a visa. So she could stay with you in Canada as a visitor while the outland application is being processed. However, if they want an interview, the interview will be in Australia. The interviews for inland applicants are in Canada. If your application includes enough proof that your relationship is genuine, she probably won't be called for an interview.

She'll be entering canada on a visotor visa, would it have been better to come on temporary resident visa?

A TRV (temporary resident visa) is a visitor visa. Australians can enter Canada without any visa, I think.

 

[adobres]

thanks again guys. I guess I'm still unsure as to what box to tick when it asks if I'm residing in canada or outside of canada as a sponsor. I am here in australia physically, so would I put residing outside of canada in australia? even know I'm leavin gin a few weeks? and have only been here for 3 months?

 

[canadianwoman]

If you are a tourist in another country when you submit the application, you do not claim you are a resident of this other country on the forms. You are still a resident of Canada. Same in your situation - you have only been in Australia for 3 months, and will be returning to Canada soon. So even if you are working in Australia, you can still say you are a resident of Canada.
If you are worried about this, either wait to submit your application when you are back in Canada, or attach a letter to the app explaining your situation and showing proof you will be returning to Canada soon, such as a copy of your plane ticket.