Can I still get Permanent Residence if spouse's application denied?

[Maozefang]

Hello all,

After applying to CEC, i have just received our medical visit email from Immigration for me and my common-law spouse. Many of my classmates, received their Pemanent residence two months after the medical examination. However, Immigration requires additional criminal check for my spouse because of a 5 month spell she spent in a European country (Spain) other than her residence country about 6 years ago. They request that everything (criminal record and medical examination) be completed within 60 days.
My spouse was told by the Spanierds that she had to present her passport and then apply for the criminal check which could take more than 2 months.
My questions are the following:
1) Will I still get the PR if I complete the Medical but she cannot meet the deadline for the medical report?
2) Can she apply for an extension of the 60 days
3) If yes to 2), will I have to wait for her application to be reviewed and accepted before I get my PR?

Thank you. Please let me know if you need more details in order to help me figure this out.

 

[jes_ON]

My spouse was told by the Spanierds that she had to present her passport and then apply for the criminal check which could take more than 2 months.

My questions are the following:
1) Will I still get the PR if I complete the Medical but she cannot meet the deadline for the medical report?
2) Can she apply for an extension of the 60 days
3) If yes to 2), will I have to wait for her application to be reviewed and accepted before I get my PR?

Thank you. Please let me know if you need more details in order to help me figure this out.

Keep in mind, it is one application, not two - two people on one application. Yes, if she is refused, you will most likely be refused as well.

Medical - Is there some reason she can't get the medical done? 60 days should be plenty of time...

Spain PCC: Not sure what you mean by "she has to present her passport" - Is she currently in Spain? If not, it would seem she can apply by mail. http://www.mjusticia.gob.es/cs/Satellite/en/1200666550200/Tramite_C/1215326258560/Detalle.html

Basically, if your spouse cannot be approved for PR, even for failure to provide requested documents, then yes, the whole application will be refused.

If she makes a good faith effort to get the PCC and still hasn't recieved it by the deadline, you can update CIC, showing proof of application, and any documentation about how long it will take to process, and that you will send the PCC when you get it.

But if you don't respond by deadline, then the application will likely be refused. As long as you provide a response by the deadline, you should be OK.

 

[CEC_1304]

Hello all,

After applying to CEC, i have just received our medical visit email from Immigration for me and my common-law spouse. Many of my classmates, received their Pemanent residence two months after the medical examination. However, Immigration requires additional criminal check for my spouse because of a 5 month spell she spent in a European country (Spain) other than her residence country about 6 years ago. They request that everything (criminal record and medical examination) be completed within 60 days.
My spouse was told by the Spanierds that she had to present her passport and then apply for the criminal check which could take more than 2 months.
My questions are the following:
1) Will I still get the PR if I complete the Medical but she cannot meet the deadline for the medical report? No , Since it is a Single Application , So either Whole application will be approved or denied
2) Can she apply for an extension of the 60 days
3) If yes to 2), will I have to wait for her application to be reviewed and accepted before I get my PR? She might get extension if you will provide reason to CIC by providing valid proof showing that getting PCC will take more than 60 days and so on.

Thank you. Please let me know if you need more details in order to help me figure this out.

Please see red inline

Hope this will be helpful
Thanks

 

[Maozefang]

Keep in mind, it is one application, not two - two people on one application. Yes, if she is refused, you will most likely be refused as well.

Medical - Is there some reason she can't get the medical done? 60 days should be plenty of time...

Spain PCC: Not sure what you mean by "she has to present her passport" - Is she currently in Spain? If not, it would seem she can apply by mail.

Basically, if your spouse cannot be approved for PR, even for failure to provide requested documents, then yes, the whole application will be refused.

If she makes a good faith effort to get the PCC and still hasn't recieved it by the deadline, you can update CIC, showing proof of application, and any documentation about how long it will take to process, and that you will send the PCC when you get it.

But if you don't respond by deadline, then the application will likely be refused. As long as you provide a response by the deadline, you should be OK.

Thanks for your reply.
This is what I feared but I guess it makes sense since it is in fact ONE application.
Regarding the Spanish PCC she called the Consulate in Montréal and was told that she needed to show her proof of ID then present a request before them. They also said that it is unlikely to be ready in the alloted time.
The medical screening will not be a problem for her.

Regarding the extension in case she did meet the deadline:
1) Will we be able to keep working?
I had my bridging permit denied in December 2013 before receiving my LOA (January 2014) for PR (had to stop working for 3 months). I am currently on a Accompanying Spouse Open Work Permit tied to her Post Graduate Work Permit granted in March 2014 expiring this October.
2) Sould I apply once more to a bridging Work Permit to avoid any potential gap in worker status?

Basically, I am just looking for a way to lower the risks of me losing worker status and maximize my chances of finally getting my PR.
I thought that stressful times would be behind us when we receive the Medical Examination request, but I guess there should be no peaceful time until PR is granted.

 

[jes_ON]

Thanks for your reply.
This is what I feared but I guess it makes sense since it is in fact ONE application.
Regarding the Spanish PCC she called the Consulate in Montréal and was told that she needed to show her proof of ID then present a request before them. They also said that it is unlikely to be ready in the alloted time.

Montreal? Do you live and work in Montreal or elsewhere in Quebec?

Well, if going to the consulate in Montreal is an option for her, then do it ASAP. And try to get the estimated processing time in writing.

But you also have CIC's official instructions (although granted they are not always up to date), and it may be faster by mail.
http://www.cic.gc.ca/EnGLIsh/information/security/police-cert/europe/spain.asp

 

[jes_ON]

1) Will we be able to keep working?
I had my bridging permit denied in December 2013 before receiving my LOA (January 2014) for PR (had to stop working for 3 months). I am currently on a Accompanying Spouse Open Work Permit tied to her Post Graduate Work Permit granted in March 2014 expiring this October.
2) Sould I apply once more to a bridging Work Permit to avoid any potential gap in worker status?

LOA? Still confused. Are you not a CEC applicant?

If you are the principal applicant for PR, you may be eligible for a BOWP if:
1) you are currently authorized to work in Canada (and are currently in Canada)
2) your current work permit is expiring within 4 months
3) you've received "approval in principal" for your PR application - in the case of CEC, that means the Acknowledgement of Receipt (AOR).

Doesn't matter if you've applied before and been refused. If you are now eligible, you can apply again. Only the principal applicant is eligible for a BOWP, but a spouse is still eligible for the SOWP (based on the BOWP) and you can submit both applications together.

 

[Maozefang]

Thank you all for your response. It seems that I am indeed eligible for the bridging work permit. This may not matter anymore since, in a thrilling last minute turn of event, CIC decided to challenge my NOC and request additional evidence. All that while I have already submitted my medicals. I thought that I was seeing the light at the end of the tunnel, but things went pitch black again.

I will be opening a new thread for my latest complications.

Thank you all again.