Complicated Questions Re Spousal Sponsorship in Canada

[Canadian Lady 2018]

My common law partner is living in Canada and has until the end of September before his visitor status expires. We have already renewed it once, so by end of September he will have been here 12 months.

We want to do the spousal sponsorship so that he can remain here and also, importantly, so that he can work here legally.

I've gotten mixed information regarding how soon after applying for the spousal sponsorship he could get a work permit. One source said 4-6 WEEKS, yesterday on government Canada site I read 4 MONTHS.

Can anyone clarify how long, generally, it takes before the sponsor can get the work permit?

Another question: how soon before his current visitor status finishes (September 30, 2018) must we apply for the spousal sponsorship? Is there a minimum number of weeks we must have applied before that time? Or could we apply 2 weeks before it expires? My concern is applying too late and him having to leave the country.

Finally, he is currently, briefly, out of country for personal/family reasons but would be back at least mid-September, if not early September. This is why I ask the question about the latest possible date to apply for spousal sponsorship w/o him having to leave Canada.

Many thanks for your replies.

 

[scylla]

Work permit is 2-4 months. Most get it around the 4 month mark.

You should apply to extend his status again when you apply for spousal sponsorship. If for any reason the application is returned (e.g. missing form or signature) then he'll end up out of status in Canada. Applying to extend his status will give you insurance against this risk.

Are you applying as married or common law? If common law, when did you start living together and when did you reach a year of continuous cohabitation?

 

[Canadian Lady 2018]

Thanks for your reply.

I'd be applying as Common Law, we've been cohabitating since February 2017, in his country and then here (as of October 2017).

Any idea on the absolute latest date we must apply for spousal sponsorship, regarding his September 30 visitor visa ending?

 

[scylla]

Any idea on the absolute latest date we must apply for spousal sponsorship, regarding his September 30 visitor visa ending?

The application must reach IRCC before his status expires - so by Sept 30.

 

[Canadian Lady 2018]

The application must reach IRCC before his status expires - so by Sept 30.

Thank you!

Generally, if applying online would the application reach IRCC in a matter of days?

 

[scylla]

Thank you!

Generally, if applying online would the application reach IRCC in a matter of days?

You can't apply online for spousal sponsorship. Mail in only.

 

[kcward7]

Thank you!

Generally, if applying online would the application reach IRCC in a matter of days?

You can't apply for spousal sponsorship online

 

[Canadian Lady 2018]

Okay, thank you for that. Any sense on how long a mailed application takes to reach IRCC?

 

[DollyM]

Okay, thank you for that. Any sense on how long a mailed application takes to reach IRCC?

Assume approximately 1-2 weeks to be safe. Alternately you can send it by courier. It should only take a few days via courier.

 

[Canadian Lady 2018]

Assume approximately 1-2 weeks to be safe. Alternately you can send it by courier. It should only take a few days via courier.

Thanks, Dolly! I'm not far from Mississauga where, I noticed yesterday after asking the above question, I would have to courier the application to. Appreciate your reply

 

[DollyM]

Thanks, Dolly! I'm not far from Mississauga where, I noticed yesterday after asking the above question, I would have to courier the application to. Appreciate your reply

We sent ours from Australia by courier. It only took about 3 days to arrive.

 

[Canadian Lady 2018]

We sent ours from Australia by courier. It only took about 3 days to arrive.

Impressive!

So, once they receive it by courier the application is considered formally submitted?

 

[scylla]

Impressive!

So, once they receive it by courier the application is considered formally submitted?

Yes - provided the application is complete. There is always the risk of an application being returned if it's incomplete (e.g. missing or outdated form, missing signature, incorrect fees). When an application is returned, implied status is lost. This is why in your situation it's recommended that you also apply to extend visitor status in addition to submitting the application.

 

[Canadian Lady 2018]

Yes - provided the application is complete. There is always the risk of an application being returned if it's incomplete (e.g. missing or outdated form, missing signature, incorrect fees). When an application is returned, implied status is lost. This is why in your situation it's recommended that you also apply to extend visitor status in addition to submitting the application.

Good tip, many thanks!

 

[Innd]

Thanks for your reply.

I'd be applying as Common Law, we've been cohabitating since February 2017, in his country and then here (as of October 2017).

Any idea on the absolute latest date we must apply for spousal sponsorship, regarding his September 30 visitor visa ending?

My understanding is you have to live together for a year continuously to apply as a common law. Correct me if I'm wrong Scylla?