ADVICE NEEDED SPOUSAL SPONSORSHIP

[AshleyAnne]

I hope someone could give us a little advice, I'm starting to stress out!

My husband and I have been living together for two years, and we just got married in March 2014. We have known each other for almost three years, and like i said, living together for two full years.
We just started this application process, and we are worried... Okay, IIIII am worried.

We have filled out all the forms, sent in for the background checks (One for FBI & Two for each State he has lived in) and then we just completed the physical exam, but they didn't give us anything back... Just a sheet saying everything was incomplete because it was all referred and such....
What do we put with our application??

Evidence:
We have photos from our wedding
Ticket stubs from MOST of our travels back and forth from Canada
Pages showing all our Skype calls
Photos of both of us
Letters back and forth
Photos with each of us with our families (Me with his and him with mine)
I've been actively in school in Texas since August 2012.
We have letters from my parents
Letters from his parents
Letters from friends
a sheet of just names numbers and adresses they can contact to verify our relationship.

IS there ANYTHING we missed??
Should we do something more?
What do we do about the Medical?
What else should we add?

Thank you for any information you can give us!!

 

[rhcohen2014]

i'm not really sure what you are asking. did you submit your application and it was sent back as incomplete or are you talking about the medical exam?

who's sponsoring who? what application forms did you fill out and submit with all your relationship proof? i'm confused why both of you submitted FBI background checks, when a police record is only needed for the principle applicant - the person being sponsored.

did you pay the sponsor and applicant fee?

did you submit an "option c" form for the sponsor?

did you go to an approved panel doctor? if so, the doctor is suppose to give you a "emedical" printout that has your information, picture and a barcode for CIC.

there is a checklist provided on the CIC site to know what is required for sponsor and applicant.

 

[truesmile]

For our medical, we didn't get anything back either, it gets sent directly to CIC. If I recall correctly all we needed to submit was the "receipt" for the medical.

 

[agarand8]

For the medical we got a paper that was proof the medical exam was completed.

 

[AshleyAnne]

Actually you answered my question just about the print out.
We haven't sent anything in yet.
I am sponsoring him, and only he has done for the police checks.

Thanks for the information!

 

[AshleyAnne]

I have a new question though.
We thought we were just going to apply outside Canada and then once my part to sponsor had been approved we would move to Canada. I would start working immediatley, and then we would apply for an "open work permit" for him, however, since we are applying from outside Canada, is that even possible? Or do we have to apply from inside Canada? If so, can he still live in the States? or can he at least leave Canada at all? It says current wait time for initial assessment is 10 months. Can he not work for that time? He does not have any post high school education excluding law enforcement. And I am planning to just pick up any office job while going to school.
What should we do?
Should we apply inside Canada and he just not work for the 10 months?
Or is there something we can do if we apply outside Canada?

 

[Ponga]

I have a new question though.
We thought we were just going to apply outside Canada and then once my part to sponsor had been approved we would move to Canada. I would start working immediatley, and then we would apply for an "open work permit" for him, however, since we are applying from outside Canada, is that even possible? Or do we have to apply from inside Canada? If so, can he still live in the States? or can he at least leave Canada at all? It says current wait time for initial assessment is 10 months. Can he not work for that time? He does not have any post high school education excluding law enforcement. And I am planning to just pick up any office job while going to school.
What should we do?
Should we apply inside Canada and he just not work for the 10 months?
Or is there something we can do if we apply outside Canada?

No. An Outland applicant is not eligible for an OWP.

No. You can not apply from within Canada (known as an Inland application) if you are living elsewhere.

He will not be authorized to work in Canada for ~ 1 year, no matter which route you take. If he does come to Canada to `visit' you, he should look into working remotely for an American employer (or anyone outside of Canada) as that would not require a work permit of any kind.

Good luck!

 

[Ponga]

Actually you answered my question just about the print out.
We haven't sent anything in yet.
I am sponsoring him, and only he has done for the police checks.

Thanks for the information!

He only needed the FBI PCC (not state level PCCs). CIC would have requested those if they needed them. Also, be aware that they expire 90 days after they are issued, so it's paramount that CIC receives them (along with your application) before they expire.

 

[AshleyAnne]

No. An Outland applicant is not eligible for an OWP.

No. You can not apply from within Canada (known as an Inland application) if you are living elsewhere.

He will not be authorized to work in Canada for ~ 1 year, no matter which route you take. If he does come to Canada to `visit' you, he should look into working remotely for an American employer (or anyone outside of Canada) as that would not require a work permit of any kind.

Good luck!

Actually it says that once the first stage of the application has been approved (Current wait times are 10 months) that he will also be able to have an OWP. Here is my source;
http://www.cicnews.com/2014/03/work-permits-spousal-sponsorship-applicants-033283.html

 

[Ponga]

Once again...An OWP is not available to an INLAND (ooopsie) OUTLAND applicant for spousal sponsorship.

Work Permits for Outland Sponsorship Applicants

Outland sponsorship follows a two-stage structure similar to that of Inland sponsorship. However, unlike the Inland process, the first stage of Outland sponsorship does not make the sponsored spouse eligible for an Open Work Permit. A foreign spouse in this situation can still apply for a temporary work permit, but he or she will be subject to general requirements for work permit eligibility.

In order to be eligible for a standard work permit, an individual must typically receive a job offer from a Canadian employer. In most cases, the employer will have to receive a positive Labour Market Opinion (LMO)before the foreign worker can request a work permit. Depending on a spouse's age, nationality, and profession, he or she may qualify for an LMO-exempt work permit through a program such as the NAFTA Professional or International Experience Canada.

 

[AshleyAnne]

Okay call me crazy, but it says quoted from the page,

"Once the first stage of the application has been approved, the person being sponsored is eligible to apply for an Open Work Permit. An individual holding an Open Work Permit may work for any employer in Canada, or may be self-employed, while they wait to hear the results of their permanent residency application."

 

[Alurra71]

Okay call me crazy, but it says quoted from the page,

That only works if the application is filed INLAND. If your application is filed OUTLAND, there is not work permit issued with first stage approval.

I think Ponga just added an extra word in there and in fact meant OWP is only available to INLAND applicants NOT OUTLAND applicants.

 

[AshleyAnne]

Haha okay,
That is how I'm understanding it too.
So my husband will be coming into Canada as a visitor from the USA, looking for work, and hoping to find someone to sponsor with a LMO and then if he must we will extend his visitor status while waiting for the first part of our application to go through so he can get his OWP.
Am i missing anything?

 

[Ponga]

Okay call me crazy, but it says quoted from the page,

Hi `Crazy',

ONLY a person that applies for spousal sponsorship with an INLAND application, is eligible for an OWP. The eligibility is determined when s/he reaches the first (of 2) approval stages, known as AIP (Approval In Principle).

The current processing time for AIP is ~ 10 months, but with the way things have been [not] moving with CIC lately, it could be > that before he would actually see an OWP.

 

[Ponga]

Haha okay,
That is how I'm understanding it too.
So my husband will be coming into Canada as a visitor from the USA, looking for work, and hoping to find someone to sponsor with a LMO and then if he must we will extend his visitor status while waiting for the first part of our application to go through so he can get his OWP.
Am i missing anything?

Yes.

I have corrected my mistake.

Sorry for the added confusion.