Best way to avoid the long processing time? Please advise.

[kinoz]

Hello,

I have a complicated question, so please bare with me as I can really use your advice. I am a Canadian citizen living in Toronto and my fiancé is currently residing overseas in a country where the embassy have closed down due to civil war. She has access to an embassy in a country next door, however I looked online and the application processing time is 23 months!

I asked around, and was given the following advice:
- Go there, get married and take pictures to authenticate the marriage
- Then come back to Canada and start the sponsorship application
- Once I am approved, ask her to go to the embassy and apply for a one time entry visa so she can come here quickly and then we can complete the sponsorship application from inside Canada. This way we can be together in about 3 to 4 months which is reasonable.
- If the embassy refuses the visa, they should at least put our application as a priority due to the civil war situation, and it should get processed within 12 months.

1- I need your advice on the above. Is it reasonable? What are the chances that the visa will be granted? or that the application is given priority?

With the above, I run the risk of waiting 23 months for me to get reunited with my wife ! So I was thinking of alternative options:
- Like have her apply to a student visa, then we can get married after she arrives to Canada.
- Or have her obtain visitor or student visa to the United states, and then she can enter Canada and claim refugee status at the border.

2- If she applies for student visa and gets rejected, would that hurt our sponsorship application afterwards in any manner?
3- If the student visa is accepted, how fast can we get married and apply for sponsorship? Can she stay in Canada until she is granted PR even if she decided not to continue her studies anymore?
4- If she enters Canada from the United states by claiming refugee status, can we get married immediately and change her application status from refugee to family sponsorship? How easy is that to do?

I highly appreciate your advice on my situation.
Thank you
K.

 

[Awesomeg]

Long processing time is something that everybody in this forum is facing...

Its not easy, and all of us would like to have a way to prevent that from happening...

But you should be patient like everybody else and try to play by the rules, and that will help you
in the long run...

Remember that you need to qualify to sponsor anybody.. regardless of the civil situation in your future wife country....
then you will need to evaluate yourself if you qualify....

Then, you need to prove that your relation is genuine.... and have all supporting documents to do that....

If you and her can afford she can go to a third country where the waiting time is less than the next country...
in any case, if the embassy in her country is closed, and the situation is so bad there, then its a valid move to go somewhere else...

Once there, and once you both are married, then you can think in applying for visitor visa or student visa, whatever you chose.....

When you are married its not a bad thing to get a visa denied... because it only proves that you guys want to be together... nothing else...
even if the visa gets denied.... so don't worry too much if she gets denied... but in the best case she can get the visa...and you can reunite and
have a shorter waiting period...

But if you try to get a visa before, it may indicate that the reason that she married you is to obtain Canadian status.. and then a visa denied will work against her...

So, the same situation can work in two different ways, depending on the circumstances... as you can see....

So, my advise would be to get married and then try to be together...
and you may need to wait as all of us are doing now... Waiting is not easy...but that the way....


Ahh... I forgot to mention... if she can make it to USA.. and she is your wife... she can not get refuse entry to Canada...
she can get a visitor visa in the spot... it cost like 100 dollars.... and then she can apply for working permit in Canada....
but that can be done only if she can gain legal entry to USA... if she enters illegally to USA, then she can not enter legally to Canada also.

Good luck

 

[Rob_TO]

- Go there, get married and take pictures to authenticate the marriage
- Then come back to Canada and start the sponsorship application
- Once I am approved, ask her to go to the embassy and apply for a one time entry visa so she can come here quickly and then we can complete the sponsorship application from inside Canada. This way we can be together in about 3 to 4 months which is reasonable.
- If the embassy refuses the visa, they should at least put our application as a priority due to the civil war situation, and it should get processed within 12 months.

1- I need your advice on the above. Is it reasonable? What are the chances that the visa will be granted? or that the application is given priority?

That's not how the process works at all.

You send in the sponsor and applicant part of the PR application all together. It all goes to CPC-Mississauga. If you apply OUTLAND, then CPC-Mississauga after sponsor approval would send the app to the visa office responsible based on her citizenship: http://www.cic.gc.ca/english/information/offices/apply-where.asp

What is her citizenship? That will allow people to better help you.

There is zero chance for an app to be given higher priority over another. Everyone waits their place in line accordingly.

Also you'll need more than a couple pics of a wedding to prove your relationship. You should also show proofs for history of relationship/engagement, sending money to her, letters of support from family, etc.

Don't even think about having her claim refugee status, unless she has an extremely good case for it. It will confuse everything and make your spousal class PR app even longer. Anyways it sounds like she will have a very difficult time getting a visa to visit Canada, and most likely will need to remain outside Canada during processing. Most applicants with passports requiring special visas to visit Canada and from a country at war, and are married to a Canadian, are refused TRVs.

Ahh... I forgot to mention... if she can make it to USA.. and she is your wife... she can not get refuse entry to Canada...
she can get a visitor visa in the spot... it cost like 100 dollars.... and then she can apply for working permit in Canada....
but that can be done only if she can gain legal entry to USA... if she enters illegally to USA, then she can not enter legally to Canada also.

That is all completely 100% WRONG info.

Having visitor status in USA does NOTHING to get someone into Canada. They are admitted into Canada based on their passport and if they have a TRV to Canada (if required). Being married to a Canadian also does nothing to allow entry. Also there is no way to apply for a working permit.

 

[alicia13]

That is all completely 100% WRONG info.

Having visitor status in USA does NOTHING to get someone into Canada. They are admitted into Canada based on their passport and if they have a TRV to Canada (if required). Being married to a Canadian also does nothing to allow entry. Also there is no way to apply for a working permit.

Yes this is definitely one of the more bizarre pieces of advice I have read here...

 

[truncat]

I am a Canadian citizen living in Toronto and my fiancé is currently residing overseas in a country where the embassy have closed down due to civil war.

Just in addition to what Rob_TO said, that site says: "You must select the visa office that serves your country of nationality or the country where you have been legally admitted for at least one year." I am a US citizen but applied through Sydney because I have been living here in Australia for the past 7 years. I noticed you said "currently residing" - is there a chance she is a citizen of a different country, that uses a different visa office?

 

[Awesomeg]

Yes this is definitely one of the more bizarre pieces of advice I have read here...

According to my experience, if you are legal in USA you can apply for a visitor visa at any port of entry
providing that you are the spouse of a Canadian citizen.....

Any port of entry can give a visitors visa... .you have to apply naturally....

the fact that I never have seen Alpha Centaury doesn't make any bizarre that it actually exists....

but some people find bizarre whatever they have not seen before....

 

[Awesomeg]

Just in addition to what Rob_TO said, that site says: "You must select the visa office that serves your country of nationality or the country where you have been legally admitted for at least one year." I am a US citizen but applied through Sydney because I have been living here in Australia for the past 7 years. I noticed you said "currently residing" - is there a chance she is a citizen of a different country, that uses a different visa office?

As a person that has to leave her country do to civil situation she can ask for protection from the
High Commission for Refugees from the United Nations...

That will give legal status in whatever country she needs to go after leaving her country....

She doesn't need to apply in the designated country serving hers....
that will take care of the provision of being admitted for at least one year....

 

[alicia13]

According to my experience, if you are legal in USA you can apply for a visitor visa at any port of entry
providing that you are the spouse of a Canadian citizen.....

Any port of entry can give a visitors visa... .you have to apply naturally....

the fact that I never have seen Alpha Centaury doesn't make any bizarre that it actually exists....

but some people find bizarre whatever they have not seen before....

Sorry about my wording, I understood your post as basically saying that though OP's wife isn't from a visa-exempt country, as long as she has valid visitor status to the US she is guaranteed entry to Canada. And if she is admitted as a visitor she can then apply for a work permit just because her spouse is Canadian. An open work permit can be enclosed with an Outland application but I don't think that was clear in your post. I apologize again if my wording was offensive, I just read your post as greatly simplifying a complicated situation.

 

[Rob_TO]

According to my experience, if you are legal in USA you can apply for a visitor visa at any port of entry
providing that you are the spouse of a Canadian citizen.....

Any port of entry can give a visitors visa... .you have to apply naturally....

This is some of the worst advice i've ever seen given on this forum. Even if a Canada land border could process TRV applications, having a spouse in Canada makes it more likely a TRV would be rejected, since an applicant's strongest tie is to Canada.

Also as I said a spouse of a Canadian citizen DOES NOT QUALIFY for an open work permit unless they have completed stage 1 of an INLAND PR application. Being married to a Canadian gives you NO SPECIAL STATUS to enter Canada or get a work permit. What you said is 100% WRONG.

It is possible for someone who is visa-exempt, to apply for an OWP at a POE if their spouse is a non-Canadian and in Canada on their own work/study permit.

In general having international travel history can help to get a TRV approved. So in this case someone who already obtained a travel visa to USA, could apply for a Canada TRV through a USA visa office location, and hope the USA travel helps convince a visa officer to approve the Canada TRV. However there is absolutely no guarantee this will happen, and again due to having a spouse in Canada the chance of rejection for TRV increases. Nobody should ever do this as they could just be wasting all the cost to travel to USA and end up having to return home without getting into Canada.

Nobody that needs a TRV should just show up at a Canada land border, ever. Do not give out your incorrect information to anyone.

 

[kinoz]

This is some of the worst advice i've ever seen given on this forum. Even if a Canada land border could process TRV applications, having a spouse in Canada makes it more likely a TRV would be rejected, since an applicant's strongest tie is to Canada.

Also as I said a spouse of a Canadian citizen DOES NOT QUALIFY for an open work permit unless they have completed stage 1 of an INLAND PR application. Being married to a Canadian gives you NO SPECIAL STATUS to enter Canada or get a work permit. What you said is 100% WRONG.

It is possible for someone who is visa-exempt, to apply for an OWP at a POE if their spouse is a non-Canadian and in Canada on their own work/study permit.

In general having international travel history can help to get a TRV approved. So in this case someone who already obtained a travel visa to USA, could apply for a Canada TRV through a USA visa office location, and hope the USA travel helps convince a visa officer to approve the Canada TRV. However there is absolutely no guarantee this will happen, and again due to having a spouse in Canada the chance of rejection for TRV increases. Nobody should ever do this as they could just be wasting all the cost to travel to USA and end up having to return home without getting into Canada.

Nobody that needs a TRV should just show up at a Canada land border, ever. Do not give out your incorrect information to anyone.

Everyone, Thank you for the comments! very useful!

Let me just clarify that we are not trying to cheat or lie, I am just trying to be with my Finance as soon as possible and avoid living apart. We can easily prove that our relationship is genuine.

Also I made a mistake by saying: "enter from the USA and claim refugee status". I meant to say if she is my wife, she cannot be refused entry, as others have indicate it.

Hi Rob_TO, I did ask a lawyer and he did confirm this. I did not hammer down the details yet but he said that he can meet us at the Buffalo land border for example and help us in the process of getting into Canada. But, the issue is still, she has to get a valid visa to the US!

She has a Palestinian passport and she was born and raised in Syria. Getting a normal visa is quite hard, so you can imagine the TRV! She only has access is to the Canadian embassy in Beirut with processing time of 23 months! If applying to a student visa to Canada - and getting rejected - would negatively affect our sponsorship application, then that's out of the question. We should not risk it.

- Do you guys know on what basis people would experience longer/shorter processing times? Does my profile matter? For example having good job, good salary, and being a Canadian Citizen for a long time?
- Are you saying that if another country (Like Morocco) has only 8 months processing time, then in order for her to apply there, she has to be living there for at least a year?

Looks like I am running out of options...
Thanks again
K.

 

[Rob_TO]

Also I made a mistake by saying: "enter from the USA and claim refugee status". I meant to say if she is my wife, she cannot be refused entry, as others have indicate it.

Even if she is your wife she most definitely can be refused entry. As I said above, being married to a Canadian gives a traveler no special rights whatsoever when it comes to entering Canada. And if the person requires a TRV to enter Canada, they are actually less likely to get a TRV if they are married to a Canadian vs if they are single. Being married to a Canadian makes the strongest ties to Canada, and CBSA often suspects the applicant will not leave after the TRV expires.

I did not hammer down the details yet but he said that he can meet us at the Buffalo land border for example and help us in the process of getting into Canada. But, the issue is still, she has to get a valid visa to the US!

A lawyer will say many things to get your money.

Entering the USA in the hopes she will be allowed into Canada, is a very very very BAD idea. There is an extremely high chance a Canadian TRV would be refused (despite if you have a lawyer or not) meaning she would have made the trip to USA for nothing.

Or at least if she's in USA, you could stay with her there. But I imagine it's equally as difficult to get a visa to USA in the first place.

If applying to a student visa to Canada - and getting rejected - would negatively affect our sponsorship application, then that's out of the question. We should not risk it.

It's ok to apply. It's natural that if in a relationship, you will try to be with each other. Many people have had rejected TRVs or student visas, and still gone on to successful PR applications.

Does my profile matter? For example having good job, good salary, and being a Canadian Citizen for a long time?

No, you don't matter in this case. Sponsorship approval only takes 1-2 months in all cases. Practically the entire processing time is for the applicant.

Are you saying that if another country (Like Morocco) has only 8 months processing time, then in order for her to apply there, she has to be living there for at least a year?

She would need to have been legally admitted to a given country for 1 full year, to request processing there.

But even if requested, the final choice of where to send and process an application is entirely up to CIC. So they could still send it to office based on citizenship no matter if you request a different office.

 

[sakamath]

Looks like I am running out of options...

No, you are not running out of options. As you may be aware, the spousal application is split in to two parts (sponsorship - your portion and PR - your spouse' portion). It is the second portion that takes the longest. Sponsorship approval (stage 1) means that you are confirmed to sponsor your spouse. Once that is in hand, while the 2nd stage is in process, your spouse can apply for a TRV. It is quite normal for a spouse to come on TRV and wait out the rest of process in Canada. Even though there is no guarantee of getting a TRV (do not believe any lawyer that says otherwise, unless they are not charging you upfront), the sponsorship approval does help establish that there is someone here to take care of you. If you are confident that you can prove the relationship between the two of you are genuine, then there would be less chances of the PR application being turned down.

So, go for a TRV after stage 1 (refusal of which will not impact the PR or Stage 2 process). Which means you have nothing to lose.

 

[Rob_TO]

She has a Palestinian passport and she was born and raised in Syria. Getting a normal visa is quite hard, so you can imagine the TRV! She only has access is to the Canadian embassy in Beirut with processing time of 23 months!

Also I should add, she doesn't need "access" to any embassy. The entire PR application is simply mailed to CPC-Mississauga, and they will then forward to the appropriate visa office. The only time she has to physically go to the visa office, is if an interview is required.

Palestine citizens seem to be processed in either Cairo (18 months) or Tel Aviv (10 months). Also note that those posted times are NOT average times. They are more worst-case times. Most apps are processed quicker than what is posted online.

 

[Avadava]

Just wanted to say that I agree with everything Rob_To said on this thread.

 

[kinoz]

Also I should add, she doesn't need "access" to any embassy. The entire PR application is simply mailed to CPC-Mississauga, and they will then forward to the appropriate visa office. The only time she has to physically go to the visa office, is if an interview is required.

Palestine citizens seem to be processed in either Cairo (18 months) or Tel Aviv (10 months). Also note that those posted times are NOT average times. They are more worst-case times. Most apps are processed quicker than what is posted online.

The issue is that with all what's going on in that region, there are travel bans, so she can only travel to Lebanon if there is a need. So I am not sure if we can specify the application to be processed in a specific location. In case they request an interview that is.

Do you guys think applying to a student or visit visa Before applying for spouse sponsorship will affect the decision of granting PR? Especially if that visa gets rejected?

Thanks