Hi all,
Long story short I would like to know:
1- If my common-law partner (which is a Permanent Resident) gets a removal order and, after appealing, is waiting for a decision on his case…can he apply to sponsor me during this waiting period? Or we have to wait until they make a decision (which we were informed that can take several months …or even years) =(
2- What kind of sponsorship would be more appropriated to apply for: OUT OF CANADA sponsorship or for an INSIDE CANADA sponsorship? …since I intend to spend 5 months with my partner in Canada,… as a visitor(I have a visitor Visa)… while we wait for a decision on either his appeal and the sponsorship application.
Well, Now I'll give you the background of that story that led to the question above:
- Me and my common-law are together for a little more than two years now. We've been living together for a year + a couple of months.
- He has been a PR since 2007. A lot has happen to him since then:
○ In 2012 he had to come back to Brazil to help taking care of his parents…both mother and father that have had serious health problem. One caused by a heard condition ..the other, his mother, had suffered a very serious car accident.
○ He was married and by that same year, he also got separated from his wife. He filed the separation agreement in 2013. He is now initiating the paperwork to file for a divorce.
○ We started our relationship some months after he got separated
○ So we can say he is legally separated …and has a common-law relationship with me
○ His ex-wife lives in Canada with their 13-year-old daughter
○ This is really difficult to him, because he misses his daughter very much…
○ After solving all the problems with his family here in Brazil …he decided it was time to go back to Canada. This decision was, among several other reasons, so that he can be closer to his daughter.
- However, coming back to Canada is not that simple, because he has now a new person in his life: Me.
- We are very much in love and we want to stay together.
- He asked me to go with him. I totally support his decision and I am very excited about moving to Canada. Specially after visiting Quebec and Montreal this year (I've been to Montreal for 10 days during summer and for 52 days between Oct and Nov to get to know Canada better and make a decision based in more solid grounds …And I LOVED IT!)
- But I only have a visitor Visa to Canada.
- We are now studying the best way for me to be able to join my Common-law partner as a PR
- We've come to the conclusion that the best application would be sponsorship.
- So the plan is for him to sponsor me.
- However we are facing some issues that have led us to some questions …which the answers don't seem to be available anywhere.
- Here are the issues:
○ As he had to spend so much time outside Canada (due to the issues I've listed above), he was not able to fulfill his obligations as a PR regarding time spend in Canadian's land. Therefore, the last time he entered in Canada to start the process for recovering is PR status he got, as expected, a removal order.
○ He has already appealed this decisions on humanitarian or compassionate grounds. Specially because the reason he had to stay som much time outside Canada was to take care of his parentes.
○ He is now waiting on the hearing to take place …which, as we've been informed, can take several months or even years
- The questions
1
○ We are not sure about the status on this removal order, as he is waiting on a decision. Can we consider that it is stayed? Or, as he has reached another level (is waiting for a hearing to take place to get the decision after appealing) …we can consider that the removal order itself is cancelled?
○ I'm asking it because the requisites for sponsoring someone states that you cannot be under a removal order. But I confess I'm not sure if he qualifies as someone being "under a removal order"…since he has already appealed and it's now waiting for a hearing. It's is not clear to us.
○ He was informed by an immigration officer that this hearing can take several months … even some years to take place … but that, meanwhile, he would keep his PR status..meaning that he could work and keep all the rights as a PR… Does this rights include sponsoring his Common-law partner? After all…it would be too painful to wait all this time apart (he in Canada and me in Brazil)
○ So…can we apply for sponsorship? Or it would be denied?
○ If it is denied… can we appeal?
2
○ I'm planning to visit him on march, as I have a visitor visa … the idea is to try to wait for the result of the sponsorship application in Canada, as we don't want to be apart for too long. Of course, if we do not have a decision from Canada after 5 months (the total amount of months I'm aloud to stay as a visitor is six) I'll leave Canada.
○ So… would it be appropriated to apply for OUT OF CANADA sponsorship or for an INSIDE CANADA sponsorship …since I intend to spend as many months as I'm allowed with my partner in Canada… as a visitor?
I really appreciate your help. =)
Long story short I would like to know:
1- If my common-law partner (which is a Permanent Resident) gets a removal order and, after appealing, is waiting for a decision on his case…can he apply to sponsor me during this waiting period? Or we have to wait until they make a decision (which we were informed that can take several months …or even years) =(
2- What kind of sponsorship would be more appropriated to apply for: OUT OF CANADA sponsorship or for an INSIDE CANADA sponsorship? …since I intend to spend 5 months with my partner in Canada,… as a visitor(I have a visitor Visa)… while we wait for a decision on either his appeal and the sponsorship application.
Well, Now I'll give you the background of that story that led to the question above:
- Me and my common-law are together for a little more than two years now. We've been living together for a year + a couple of months.
- He has been a PR since 2007. A lot has happen to him since then:
○ In 2012 he had to come back to Brazil to help taking care of his parents…both mother and father that have had serious health problem. One caused by a heard condition ..the other, his mother, had suffered a very serious car accident.
○ He was married and by that same year, he also got separated from his wife. He filed the separation agreement in 2013. He is now initiating the paperwork to file for a divorce.
○ We started our relationship some months after he got separated
○ So we can say he is legally separated …and has a common-law relationship with me
○ His ex-wife lives in Canada with their 13-year-old daughter
○ This is really difficult to him, because he misses his daughter very much…
○ After solving all the problems with his family here in Brazil …he decided it was time to go back to Canada. This decision was, among several other reasons, so that he can be closer to his daughter.
- However, coming back to Canada is not that simple, because he has now a new person in his life: Me.
- We are very much in love and we want to stay together.
- He asked me to go with him. I totally support his decision and I am very excited about moving to Canada. Specially after visiting Quebec and Montreal this year (I've been to Montreal for 10 days during summer and for 52 days between Oct and Nov to get to know Canada better and make a decision based in more solid grounds …And I LOVED IT!)
- But I only have a visitor Visa to Canada.
- We are now studying the best way for me to be able to join my Common-law partner as a PR
- We've come to the conclusion that the best application would be sponsorship.
- So the plan is for him to sponsor me.
- However we are facing some issues that have led us to some questions …which the answers don't seem to be available anywhere.
- Here are the issues:
○ As he had to spend so much time outside Canada (due to the issues I've listed above), he was not able to fulfill his obligations as a PR regarding time spend in Canadian's land. Therefore, the last time he entered in Canada to start the process for recovering is PR status he got, as expected, a removal order.
○ He has already appealed this decisions on humanitarian or compassionate grounds. Specially because the reason he had to stay som much time outside Canada was to take care of his parentes.
○ He is now waiting on the hearing to take place …which, as we've been informed, can take several months or even years
- The questions
1
○ We are not sure about the status on this removal order, as he is waiting on a decision. Can we consider that it is stayed? Or, as he has reached another level (is waiting for a hearing to take place to get the decision after appealing) …we can consider that the removal order itself is cancelled?
○ I'm asking it because the requisites for sponsoring someone states that you cannot be under a removal order. But I confess I'm not sure if he qualifies as someone being "under a removal order"…since he has already appealed and it's now waiting for a hearing. It's is not clear to us.
○ He was informed by an immigration officer that this hearing can take several months … even some years to take place … but that, meanwhile, he would keep his PR status..meaning that he could work and keep all the rights as a PR… Does this rights include sponsoring his Common-law partner? After all…it would be too painful to wait all this time apart (he in Canada and me in Brazil)
○ So…can we apply for sponsorship? Or it would be denied?
○ If it is denied… can we appeal?
2
○ I'm planning to visit him on march, as I have a visitor visa … the idea is to try to wait for the result of the sponsorship application in Canada, as we don't want to be apart for too long. Of course, if we do not have a decision from Canada after 5 months (the total amount of months I'm aloud to stay as a visitor is six) I'll leave Canada.
○ So… would it be appropriated to apply for OUT OF CANADA sponsorship or for an INSIDE CANADA sponsorship …since I intend to spend as many months as I'm allowed with my partner in Canada… as a visitor?
I really appreciate your help. =)
