***DECEMBER 2018 OUTLAND SPOUSAL SPONSORSHIP***

[JoshC]

Iknow it’s not necessarily to hire a lawyer immigration as long u follow the right guide.
But with our case is different I am out of status for long time. Ihave no choice to hired a lawyer immigration but in our case we don’t have any problems. My sister got her PR for 1yr without status. Mine is processing still... I should recommend our lawyer immigration lol

Of course there’s going to be cases which aren’t as clear cut, and in those instances I can see why you’d use a lawyer.

 

[schweisy]

I met a couple on the plane to Canada last year that we’re going through the process and had hired an immigration lawyer. They’d literally just got PR after 2.5 years of their application being sent back, not once... not twice, but three times due to the lawyer using the wrong forms.

Now I’m not saying they’re all awful but they’re definitely not necessary if you follow the guide to a tee.

Bar that, there’s plenty of people with complaints if you have a good browse of these forums.

It's nuts to think about how much better qualified we obsessive amateur researchers seem to be than some (some) of these lawyers people are paying a pretty penny to! As someone about to finish a history PhD (aka 100% unemployable), I'm thinking my next career should actually be as an immigration consultant!

 

[Krissh2179]

It's nuts to think about how much better qualified we obsessive amateur researchers seem to be than some (some) of these lawyers people are paying a pretty penny to! As someone about to finish a history PhD (aka 100% unemployable), I'm thinking my next career should actually be as an immigration consultant!

You’d end up giving a lot of prs out on compassion grounds given that you know how it feels staying away from your loved one that long! Count me in for that job

 

[JoshC]

It's nuts to think about how much better qualified we obsessive amateur researchers seem to be than some (some) of these lawyers people are paying a pretty penny to! As someone about to finish a history PhD (aka 100% unemployable), I'm thinking my next career should actually be as an immigration consultant!

I’d imagine it would be a difficult job when you’re having to try and ascertain whether a relationship is genuine... I suppose after a while you’d become desensitised towards it all.

 

[Krissh2179]

I’d imagine it would be a difficult job when you’re having to try and ascertain whether a relationship is genuine... I suppose after a while you’d become desensitised towards it all.

Yeah in all seriousness though, the sheer amount of forms they deal with on a daily basis and the analysis that they do for each is commendable.

 

[Jiss]

They're not saying you can't see them. No set timeline but with other similar matters with IRCC I would not risk anything in excess of 1-2 weeks, max.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

• You can’t sponsor someone if you are a permanent resident living outside Canada.

This is just a matter or misinterpretation..there is no sprecific explanation for the term “reside in Canada” anywhere in the immigration act..
The questions are
whether the sponsor has his “primary mode of living” centered in Canada?
Does he spend more than 183 days in the country and is a tax payer?
Whether his “primary residence” is in Canada?
And most importantly
Is he and his spouse intend to live in canada?


Obviously an absence of more than 6 months in an year would be questionable about your intention to live on Canada, but vacations, business travels, family purposes etc are not considered to be a change of ur permanent residence..
I travel at least 3-4 days most weeks for business to the US and had extended periods of absence many times..It doesnt mean I am not a resident of Canada or I am a resident of other country..
I was approved for sponsorship after declaring all my absences.there are so many similar expamples
some other threads has more logical explanation on this topic.

 

[alaria]

This is just a matter or misinterpretation..there is no sprecific explanation for the term “reside in Canada” anywhere in the immigration act..
The questions are
whether the sponsor has his “primary mode of living” centered in Canada?
Does he spend more than 183 days in the country and is a tax payer?
Whether his “primary residence” is in Canada?
And most importantly
Is he and his spouse intend to live in canada?


Obviously an absence of more than 6 months in an year would be questionable about your intention to live on Canada, but vacations, business travels, family purposes etc are not considered to be a change of ur permanent residence..
I travel at least 3-4 days most weeks for business to the US and had extended periods of absence many times..It doesnt mean I am not a resident of Canada or I am a resident of other country..
I was approved for sponsorship after declaring all my absences.there are so many similar expamples
some other threads has more logical explanation on this topic.

I really like this reply, it has a lot of sense. Thank you.
I've been thinking about this topic today since we had that conversation a few posts above. And same as you said, I'd never understand how 3 weeks vacation could mean "I'm not residing in Canada".
Answering @schweisy 's question if I want to be right or approved: there are different cases. Some people may realize they already had 3-4 weeks vacation and now they found out it can cause issues and they try to understand if it really would or would not cause anything.
I never argue with anybody just for the sheer purpose of arguing. In every case I'm trying to understand for myself and for future readers of this forum what consequences might be risen after any potentially harmful actions.

 

[Xipijeta]

This is really, really terrible advice and is absolutely not true. If the sponsor is a permanent resident and not a citizen, a period of travel for 2 months would be way too long and would end up in rejection if IRCC catches wind of it. A sponsor that is a PR must remain inside Canada to sponsor. Of course they can't stop you from going but they most certainly can deny the application. This only applies to sponsors that are PRs.

So if the sponsor is a canadian citizen he/she can travel to see his/her spouse (PA) ? Also is it an issue for the PA to travel outside the country they reside while their application is being processed. So say the sponsor who is a canadian citizen decides to fly out to PA's country and travel together to countries neither of them reside in.

 

[schweisy]

You’d end up giving a lot of prs out on compassion grounds given that you know how it feels staying away from your loved one that long! Count me in for that job

Well I must admit I am not away from my loved one -- we live together abroad and I am sponsoring him from here. I do have tremendous amounts of compassion for those PRs who don't have this option though!

 

[alaria]

So if the sponsor is a canadian citizen he/she can travel to see his/her spouse (PA) ? Also is it an issue for the PA to travel outside the country they reside while their application is being processed. So say the sponsor who is a canadian citizen decides to fly out to PA's country and travel together to countries neither of them reside in.

I would say PA is free to go anywhere, especially if it's less than 183 days per year, so it wouldn't cause any issues with police certificates and "being reside in another country" stuff.
For a sponsor (please anyone correct me if I'm wrong) it also should be totally fine, but there is a catch.
So as stated above, a PR can't sponsor anybody living outside of Canada. A citizen can sponsor living outside of Canada but needs to provide evidences that he/she will return to Canada after sponsorship is approved. So as above suggested, if for PR travelling for a long time can cause issues "not being present in Canada", so that for a citizen? If you're a citizen travelling for months, that means you need to provide evidences of return? And if you didn't then what?

 

[schweisy]

I’d imagine it would be a difficult job when you’re having to try and ascertain whether a relationship is genuine... I suppose after a while you’d become desensitised towards it all.

Do you mean if I worked for IRCC or for applicants as a lawyer or consultant? I would imagine in the latter case you're not really expected to sniff out whether the relationship is genuine yourself, but rather give them advice on how best to prove it. To be honest, I think I'd be okay with being a CPC officer too! I like detective work a lot and used to do a job that required in part evaluating foreign credentials/documents. Call me weird but I enjoy that type of stuff!

 

[schweisy]

So if the sponsor is a canadian citizen he/she can travel to see his/her spouse (PA) ? Also is it an issue for the PA to travel outside the country they reside while their application is being processed. So say the sponsor who is a canadian citizen decides to fly out to PA's country and travel together to countries neither of them reside in.

If the sponsor is a Canadian citizen, they are free to travel as much as they want. If the PA is being sponsored via an outland application there is also no problem with them travelling as much as they want (unless this is for some reason a problem for their country of residence, which is a separate issue). The situation you describe is basically the perfect scenario if both sides want to be free to move around.

 

[JoshC]

The problem is it’s all down to the decision of the border agent on your return.

Short trips in and out of the country for work or short vacations wouldn’t raise any eyebrows - but if you’ve been outside of the country for over 2-3 months you risk being questioned by a border agent and again risk having your sponsorship application rejected.

It’s all a game of risk and I’m not sure I’d be confident enough to take it.

Do you mean if I worked for IRCC or for applicants as a lawyer or consultant? I would imagine in the latter case you're not really expected to sniff out whether the relationship is genuine yourself, but rather give them advice on how best to prove it. To be honest, I think I'd be okay with being a CPC officer too! I like detective work a lot and used to do a job that required in part evaluating foreign credentials/documents. Call me weird but I enjoy that type of stuff!

IRCC in this instance. Yeah I think it would be a really interesting job. I bet you get really funny ones that just scream fake marriage and such.

 

[optimus.prime]

Hi all,

Application date: 28th December
AOR: 20th February
Biometrics request 22nd February

I just checked our profile and it says that the background check is going on? Is this common? We haven't received our MR or SA yet. Any guesses on when we could receive that?

 

[ryester]

This is really, really terrible advice and is absolutely not true. If the sponsor is a permanent resident and not a citizen, a period of travel for 2 months would be way too long and would end up in rejection if IRCC catches wind of it. A sponsor that is a PR must remain inside Canada to sponsor. Of course they can't stop you from going but they most certainly can deny the application. This only applies to sponsors that are PRs.

Thank you very much for pointing this out as not many members have any idea about how serious it would impact to their applications.