Age difference

[Alicia74]

Hi everyone,

I am just wondering if your spouse is older that you will it cause a problem at the interview. We have just gotten married in July and is in the process of sending off our application. My husband is a Canadian citizen and we are applying inland. I have a no status. Do you think its better to apply inland or outland.Why are applications send to local cic offices. Do you know how long it would take for an application to be process at a local CIC office.

Thanks much.

 

[ImmOfficer]

Expect the marriage to be closely examined. If it is found to be genuine, then the age difference does not matter. If it appears to be a fake marriage (MOC), then expect it to be rejected.

If you have no status in Canada, perhaps you should leave before getting arrested... Or at least apply for valid visitor status!

 

[Alicia74]

Thanks for your reply. I can assure you that our relationship is genuine and had already apply for an extension on visa. Just waiting for a reply.

 

[Alicia74]

Hi again. Do you think its better to apply Outland than Inland. Your advice very much appreciated. Thanks. If its Outland that would be in Kingston, Jamaica.

 

[ImmOfficer]

If you have valid status in Canada, then you can do it from here. There is no real advantage either way.

Do whatever makes YOU happiest within the confines of the law.

 

[Alicia74]

Thanks for the advice. I have two cousins, one who is in the US and the other is in the United Kingdom. My question if they both have student's visa and would wish to visit Canada, what would they need in order to get a visa to come to Canada.

Thanks again.

 

[ImmOfficer]

US and UK are visa exempt. The simply have to satisfy the Immigration Officer that they are genuine visitors, have sufficient funds, and are not criminals (or otherwise inadmissible).

 

[rjessome]

But Jamaica is not visa exempt. So does Canada allow those with student visas from the US or UK (even if not from a visa exempt country) to enter without a visa for Canada?

In answer to Alicia's question about inland vs. outland, I would recommend outland. You already know that the marriage is going to be closely examined because of age difference. So it's doubtful you would receive Approval In Principle at the 2nd stage of the INLAND processing and would be interviewed locally. You also must remain in Canada during the total processing of your application (or it is at least highly recommended). The total time it is likely to take on your file could be well over a year, maybe closer to 2 years. And, if you are refused, you have no right of appeal for an inland application. The only rememdy available to you then would be judicial review where you must prove an error in law to have the application reassessed.

For an OUTLAND application, you can still be living in Canada with your spouse (as it seems you are?) while the processing is ongoing assuming you maintain legal status here. Sponsorship approval (first stage) takes about 45 days and then the file is sent to the embassy in Kingston where it is processed. I'm not sure about their processing time but I think it's around 9 months or so. Now you may be requested to appear for an interview which is also likely because of the age difference. You must be prepared to travel to Jamaica to attend this interview. Even given all of that it is likely that the processing will be faster with an outland application. However, another big benefit to this route is that if you are refused, you have the right of appeal to the Immigration Appeal Division of the Immigration Refugee Board. This is a MUCH better route than judicial review as the IAD will allow new evidence and you WILL be heard whereas getting leave to appeal to the federal court is ify at best.

Whatever you choose, make sure you are prepared, organized and maintain your legal status here in Canada. You also might want to consider hiring a GOOD consultant or lawyer to assist you. Good luck.

 

[ImmOfficer]

My bad, I thought they were citizens of the US and UK studying somewhere else.

If they are Jamaican, they will require a visa to visit.

 

[MARLENA]

ImmOficer how can you determine when you examine an application if the marriage is genuine or not???? What kind of criteria do you follow based on your experience.

 

[ImmOfficer]

That is a question better suited for a visa officer.

From seeing many refusals, and some that were successfully appealed (only to see that the VO was very right to refuse it)... If it looks and smells like garbage, it probably is.

 

[Alicia74]

Thanks for all the advice. Another thing that i would like to know is that if i have to go to Jamaica for the interview, can my husband come along with me. Is it better for him to come to the interview and be interviewed also. I know that everything is going to work out for us. Thanks.

 

[MARLENA]

If you apply outland and an interview is requested he has to go back to his country for the interview but if you decided to apply inland than the interview will take place in Canada.

Good lluck!!!

 

[Alicia74]

Sponsoring 18 year old dependent child

Hi all

Good day to you. I would like if you could advise me on what documents i need to sponsor my daughter. She lives in England with her dad. She has a student visa. Should these documents be submitted with my application. I am applying outland. Thanks.

 

[rjessome]

Alicia, you should really read the Family Class forum on here to get information about this. The guide for sponsorship and the region specific form for Jamaica should give you a checklist of everything you need. Your daughter needs to be medically examined at a DMP in the UK with the results going to Jamaica.

I should ask, how old is your daughter? If she is 22 or older, she needs to have been continuously enrolled in full time school since the age of 22 and until a final decision is made on your PR application.