do I need to hire a lawyer?

[gabba50]

Lastly, does CIC scrutinize sponsor who are older (50) with low income and have 2 kids still?

Your income won't be an issue at all if you are able to prove that you are not on welfare( and if you live in Quebec, you don't need to provide you option C print out). The age of a sponsor won't be a problem unless there is a big age gap between the sponsor and sponsored, but it depends on the situation or of there other red flags....

 

[CDNPR2014]

I am so glad I to found this forum for some help and advice even though my friends said do not listen to the forum, not reliable. I do not agree bcos most ppl have first hand experience hence are sharing their experience and what they know to others.

Lastly, does CIC scrutinize sponsor who are older (50) with low income and have 2 kids still?

unless your friends have actually applied for spousal pr and gone through the process, then there is no reason to listen to them. listen to the people here with real life experience with the process.

no, age of the sponsor doesn't matter. if there is a large age-gap, then yes, maybe the officer will take a closer look. this isn't always the case.

as others had said, his salary is not a concern for cic when it comes to spousal sponsorship. since there is no minimum income, it doesn't matter how many kids the sponsor has. as long as you can clearly show you guys can support yourself without welfare (which you seem to have plenty of proof of), stop thinking income is an issue. there are MANY people who successfully sponsor their spouse and have 0 income.

 

[babymistycat]

Reason why I am considering Outland bcos it seem like it's faster processing time as compare to Inland. Through forum, I understand applicants can apply Outland while living in Canada too. There is no clause or guide stating that Inland allow applicants who are out of status (they used to state that but took it out). And there are still many getting approved without status outland or inland. If interview require, I have to travel out but it is very unlikely for my relationship.

I do not see my case that complicated especially been married over 7 years. My husband messed up my visa extension resulting me out of status but it's pure negligence not intentional.

I think most lawyers suggest going Inland safer route (for them as they need to cover their butt).

Inland require applicants to stay IN CANADA till the whole PR application are complete. Could take 2 years, lawyer said after 1 year, I can apply OWP. Outland: I could possibly get my PR within a year without complication.

Anyone have a smiliar experience or advice, would greatly appreciate it.

 

[babymistycat]

unless your friends have actually applied for spousal pr and gone through the process, then there is no reason to listen to them. listen to the people here with real life experience with the process.

no, age of the sponsor doesn't matter. if there is a large age-gap, then yes, maybe the officer will take a closer look. this isn't always the case.

as others had said, his salary is not a concern for cic when it comes to spousal sponsorship. since there is no minimum income, it doesn't matter how many kids the sponsor has. as long as you can clearly show you guys can support yourself without welfare (which you seem to have plenty of proof of), stop thinking income is an issue. there are MANY people who successfully sponsor their spouse and have 0 income.

Thank you for giving me more affirmation and confident to apply by our own. Cos my only concern initially is his income but if cic does not look at that. That will be good. Although, I dun know how you view I got plenty of proof. His bank account doesn't have much $$$, think I got more $ back home thn him. But we get by without issue and never consider welfare since we both have high prides. We can make our own living for sure.

 

[CDNPR2014]

I think most lawyers suggest going Inland safer route (for them as they need to cover their butt).

Inland require applicants to stay IN CANADA till the whole PR application are complete. Could take 2 years, lawyer said after 1 year, I can apply OWP. Outland: I could possibly get my PR within a year without complication.

This just proves the lawyer you met is not up to date about the process. There is now an OWP that can be submitted with the Inland application that will be processed after 4 months, if the applicant is deemed eligible (currently in status).

Also, outland is by far the best route for most applicants. The difference (besides the shorter processing time) is that an outland applicant is not eligible for the spousal application OWP. For most people, this isn't an issue because the PR applicant is usually completely landed within 6-8 months - most people right now are getting approved in 3-5 months. The applicant's home country will determine how quickly approval is given these days. I highly recommend outland - the OWP is not a reason enough for most people to apply inland.

 

[babymistycat]

unless your friends have actually applied for spousal pr and gone through the process, then there is no reason to listen to them. listen to the people here with real life experience with the process.

no, age of the sponsor doesn't matter. if there is a large age-gap, then yes, maybe the officer will take a closer look. this isn't always the case.

as others had said, his salary is not a concern for cic when it comes to spousal sponsorship. since there is no minimum income, it doesn't matter how many kids the sponsor has. as long as you can clearly show you guys can support yourself without welfare (which you seem to have plenty of proof of), stop thinking income is an issue. there are MANY people who successfully sponsor their spouse and have 0 income.

Nope, my friends are immigrants. Study in canada before getting a job thn he applied PR for his spouse who is not working. So they been Canada for decades and only years ago got their PR. So I believe their fear and worried make them think I should hire lawyer, safer route but I do not see eye to eye with them.

Me and my husband have a age gap of 13 years, is that a big gap in CIC?

 

[babymistycat]

This just proves the lawyer you met is not up to date about the process. There is now an OWP that can be submitted with the Inland application that will be processed after 4 months, if the applicant is deemed eligible (currently in status).

Also, outland is by far the best route for most applicants. The difference (besides the shorter processing time) is that an outland applicant is not eligible for the spousal application OWP. For most people, this isn't an issue because the PR applicant is usually completely landed within 6-8 months - most people right now are getting approved in 3-5 months. The applicant's home country will determine how quickly approval is given these days. I highly recommend outland - the OWP is not a reason enough for most people to apply inland.

Oh I love this forum, you guys give realistic and practical advice best for applicants. Thank you, thank you. I am going to apply Outland. I come from affluent visa exempt country, fake marriages to get PR in our country is rare.

 

[frege]

There is no clause or guide stating that Inland allow applicants who are out of status (they used to state that but took it out).

Are you sure? Please have a look at Appendix A of Manual IP 8 (pp. 64-79).
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

(p. 64) This means that spouses or common-law partners in Canada, regardless of their immigration
status, are now able to apply for permanent residence from within Canada in accordance with
the same criteria as members of the Spouse or Common-law Partner in Canada class.

(p. 71) The Canada Border Services Agency has agreed to grant a temporary administrative deferral of
removal to applicants who qualify under this public policy.

Why do you believe this policy has been repealed? It still appears in CIC's operational manuals.

 

[frege]

This just proves the lawyer you met is not up to date about the process. There is now an OWP that can be submitted with the Inland application that will be processed after 4 months, if the applicant is deemed eligible (currently in status).

I'm not sure why you say the lawyer isn't up to date. The OP is out of status, hence ineligible for the pilot program. Therefore the lawyer's estimate of one year is correct, though it could be faster.

 

[CDNPR2014]

I'm not sure why you say the lawyer isn't up to date. The OP is out of status, hence ineligible for the pilot program. Therefore the lawyer's estimate of one year is correct, though it could be faster.

I missed the part where the OP is out of status. if that's the case, then yes, they would not be eligible for the new OWP. I did mention being out of status deems someone not eligible for the OWP in my response.

 

[babymistycat]

I missed the part where the OP is out of status. if that's the case, then yes, they would not be eligible for the new OWP. I did mention being out of status deems someone not eligible for the OWP in my response.

Yes, you did mention that.

However, OP out of status can apply outland too? Does it not have the same clause as inland?

 

[CDNPR2014]

Yes, you did mention that.

However, OP out of status can apply outland too? Does it not have the same clause as inland?

there are people who are currently applying outland without status. it will be some time before we know how it affects processing, if it does at all. a person can try to fix their lack of status by leaving and trying to return - though risky, it IS an option that people have been successful with. another risk is it can trigger an investigate and the applicant may receive orders to leave canada. again, no one really knows for sure...

 

[frege]

Yes, you did mention that.

However, OP out of status can apply outland too? Does it not have the same clause as inland?

Yes, you can apply outland, but you won't have the right to stay with your family in Canada during processing. It's unlikely you'd be deported, but many would prefer having the peace of mind of knowing they can stay.

Whether you apply inland or outland, the fact that you're out of status is unlikely to affect the outcome of your PR application.

 

[Loveactually]

I am currently applying outland and out of status. The stages of my application are AOR 4 weeks SA in 4 weeks file been transferred to Ottawa. Hope this gives me hope and others

 

[kiwi2016]

My husband has never receive any welfare at all. As proof of how we can support ourselves, to be honest, we are doing just fine now. Even though, we will add on the letter with his parent's support but in reality, we are doing just fine. We don't splurge or spend on expensive toys etc. But he doesn't have much "saving" in his bank account. Nothing to show we have excess money $$.

I am so glad I to found this forum for some help and advice even though my friends said do not listen to the forum, not reliable. I do not agree bcos most ppl have first hand experience hence are sharing their experience and what they know to others.

I have pretty good command of english and I do not see I have a problem finding a job. I got all my certificate and accreditation bodies that I will attached with my application.

Lastly, does CIC scrutinize sponsor who are older (50) with low income and have 2 kids still?

definitely stop listening to your friends, everyone on this forum has or are going through the process and know pretty much every scenario between us! I would trust this forum over a lawyer any day... and I'm a qualified lawyer! (not practicing ) It sounds like you have a solid case, just be honest and open and you'll be just fine.