HELP! - Nigerian wife sponsorship.

[amitheonlyone]

Alright so here's the deal in a nutshell:

My wife (who I just got married to last week in a small civil wedding) has been here (PEI, Canada) for 3 years on a student visa. Her father has recently started being an idiot and is not paying for her visa renewal (which is required by January 2013). Not only that, but she has no work permit and has no money to get one. Also, she is not attending school as he is not paying for it and she has no way to get money for it (I don't either as I'm just starting work but I don't have that kind of money). Not to mention she has $3,500 in unpaid fees from last year because her foolish father (don't get me started) hasn't paid.

We will be applying for PR this month when I get my pay. I have a few questions though:
1) Do I need to attach a marriage cert to the forms? If so, should it be the long marriage cert or the shorter one?
2) What is the exact cost of sponsoring my wife? Is it 1000? That's what I keep hearing.
3) Will she be able to stay in Canada while the PR is processed EVEN if her student visa expires? When does processing commence? Is it from the moment you pay for PR?
4) My wife had an altercation with her sister a year ago and it ended with my wife hurting her sister by mistake causing bodily harm (long story, not getting into it). Her and her sister are on good terms now and they live together. Her sister dropped the charges so it's not on her criminal record but it will show up if immigration does a search. Will this screw up any chance of getting PR? She has finished her time with the officer assigned to her after the incident.
5) As mentioned before, we do not live together yet because of financial issues (I don't have enough to move out yet). She lives with her sister. Will immigration find this strange?
6) Just 5 weeks ago we found out that my wife is pregnant. This worries me most because if she is deported back to Nigeria, and the baby is born there it will be Nigerian. I want the baby to be Canadian and I want my wife to give birth here. How will a pregnancy affect this PR process?
7) The marriage was very small and we only had our three closest friends there. My parents do not know we are married and neither do hers. Will this affect anything?

Side note: I am 22 and my wife is 21.

So there you go... A lot of questions. Please try to answer them all if you can and when possible, provide citations from reliable sources. Oh, and if you're wondering why we don't try to get help from her dad it's because it's like talking to a brick wall.

Thanks!

 

[computergeek]

Congratulations on your recent nuptials

1) Do I need to attach a marriage cert to the forms? If so, should it be the long marriage cert or the shorter one?

Either one should be sufficient, as they both prove you are married.

2) What is the exact cost of sponsoring my wife? Is it 1000? That's what I keep hearing.

Application fee: $75 (sponsor) + $475 (applicant) that must be paid at the time you submit the application
Right of Permanent Residence Fee (RPRF): $490 that must be paid prior to issuance of a COPR and visa. Most people pay this up front to speed the process, but you can defer it until later.

3) Will she be able to stay in Canada while the PR is processed EVEN if her student visa expires? When does processing commence? Is it from the moment you pay for PR?

If she applies via the INLAND process, yes, she is allowed to remain in Canada while the application is in process. Processing commences once CIC has received your completed application.

4) My wife had an altercation with her sister a year ago and it ended with my wife hurting her sister by mistake causing bodily harm (long story, not getting into it). Her and her sister are on good terms now and they live together. Her sister dropped the charges so it's not on her criminal record but it will show up if immigration does a search. Will this screw up any chance of getting PR? She has finished her time with the officer assigned to her after the incident.

It will complicate matters, yes. Best to be up front about it, provide documentation as to what happened, including court records and disposition. A letter from her sister may be helpful (it won't hurt). You may wish to read the sections on criminal inadmissibility and/or consult with an attorney (at least keep that in mind if CIC starts asking questions about it.)

5) As mentioned before, we do not live together yet because of financial issues (I don't have enough to move out yet). She lives with her sister. Will immigration find this strange?

It will likely lead them to question the legitimacy of the relationship. So be up front about it, explain the exigent circumstances and show them that you have a plan for cohabitating.

6) Just 5 weeks ago we found out that my wife is pregnant. This worries me most because if she is deported back to Nigeria, and the baby is born there it will be Nigerian. I want the baby to be Canadian and I want my wife to give birth here. How will a pregnancy affect this PR process?

The baby will make it more complicated because your wife will need to undergo a medical examination and that cannot be done (it includes an X-Ray) while she is pregnant. On the other hand if you applied today, your baby will likely be born before your wife even needs to do her medical (I wouldn't do it in advance in your case, because I suspect you'll have extended processing time to get to AIP.)

Assuming you were born in Canada or are a naturalized Canadian citizen, your child will be a Canadian citizen, no matter where she or he is born.

7) The marriage was very small and we only had our three closest friends there. My parents do not know we are married and neither do hers. Will this affect anything?

It's one more red flag, yes. It doesn't mean that you won't be able to convince them you have a legitimate relationship, but at this point if I were looking at your relationship as a CIC visa officer, I'd question the legitimacy of your relationship. At a minimum you should expect to be scheduled for an interview. By that time you REALLY need to be able to assuage the concerns of a CIC officer - you should be living together, you should have told your family and friends about your marriage, etc. Having a child together will actually bolster your case (or so says the CIC manual) but by itself it isn't sufficient to convince them this isn't a marriage of convenience.

You should be prepared for a longer than usual processing time. The upside to an inland application is that she can remain in Canada while it is being processed. The downside is that you have to be VERY aggressive about presenting all of the material you can during the evaluation of your application because inland applications do not have a right to appeal to the IAD - you can only challenge the decision via judicial review in the Federal Court of Canada, and they only look at legal and process issues.

Good luck!

 

[amitheonlyone]

Thank you so much for the reply! A few more questions if you have time:
1) You said "Processing commences once CIC has received your completed application." Does this mean as soon as the application arrives, or as soon as they start working on it? Because isn't it many months before they even look at it? I only have 5 months tops before it processing HAS TO commence because of the student visa issue (as I said, I need her to stay in Canada).
2) About the baby, so he/she will be Canadian even if he/she is born in Nigeria? How does that work?

Thanks!

 

[computergeek]

1) You said "Processing commences once CIC has received your completed application." Does this mean as soon as the application arrives, or as soon as they start working on it? Because isn't it many months before they even look at it? I only have 5 months tops before it processing HAS TO commence because of the student visa issue (as I said, I need her to stay in Canada).

I was careful in my choice of wording. The operative term is "complete". Even if they don't bother to start really doing anything with your application for 10 months, as long as it was complete when they received it, it's that receipt date that counts. But if it isn't complete and they return it to you two months later and you have to submit it again, that original date doesn't count. This is the "lock in" date and can be important in some cases.

2) About the baby, so he/she will be Canadian even if he/she is born in Nigeria? How does that work?

Start here: http://www.cic.gc.ca/english/citizenship/proof.asp

A child born of a first generation Canadian citizen (so born in Canada or with naturalized citizenship generally) is also a Canadian citizen.

 

[canadianwoman]

In this case, it seems it would be best to apply inland. Your wife will then not be able to leave Canada during processing, however. I say it is best to apply inland because your wife will need a visa to reenter Canada, which will be hard to get. As well, the visa office in Accra is a difficult one, and applications going through there can take a long time; they also have a 50% refusal rate for spousal applications. Better to avoid them if possible by applying inland. As well, if your wife applies outland, she'll have to wait until after the baby is born for the medical, which you submit with the application for outland. For an inland app, you can submit the app now and send the medical later.

There are some 'red flags' in the case: 1. she got married to a Canadian when she started having visa troubles. 2. You don't live together. 3. Family members don't know about the marriage, and few people seem to know about it.

To be successful, I suggest you move in together as soon as possible. Document your relationship: the onus is on you to prove the relationship is genuine. If you can show that you were a couple well before she started having problems with her study visa, that will help. Get all evidence you can that you and she love each other, that others recognize that you are a couple (which involves telling friends and family about it), and that you are both committed to the relationship for the long term. Having a baby will help.

In addition, for any possibly questionable aspects of your relationship, explain in the application your reasons and show any proof you have. Having a small wedding ceremony is fine - you just have to explain why you chose this. If there was a good reason for not telling her parents, explain this as well. It would be better, though, for both sides of the family to know about the relationship. If your family members meet her and get to know her, they can write letters of support for the application stating they believe thee marriage is genuine. Her family members can talk to you or communicate with you online, and perhaps provide the same type of letters.

 

[truesmile]

I beg to differ on your item #4. If there's no criminal record, then no need to bring it up. IF they find it and ask (which they won't), you can always say "the charges were dropped and no criminal record so I didn't think there would be an issue with that".

 

[computergeek]

I beg to differ on your item #4. If there's no criminal record, then no need to bring it up. IF they find it and ask (which they won't), you can always say "the charges were dropped and no criminal record so I didn't think there would be an issue with that".

The application does not ask if you were convicted, it asks if you have been "detained, incarcerated or put in jail?" If she fails to disclose this information on her application and it turns up in her background check they will charge her with misrepresentation. Since it didn't lead to a conviction I suspect it won't ultimately matter - but misrepresentation will.

 

[amitheonlyone]

Alright so I should be applying for PR by the end of September. Wish me luck! We've told my parent's that we're married and they have no problem with it. We will tell immigration that her parents can't know right now because of religious reasons (actually true).
Another question: My wife cannot be covered by my insurance plan through work as one of the requirements is "coverage by basic Canadian insurance" meaning that you need to be a Canadian citizen (and she won't be before she delivers). Is there any travelers insurance that would cover pregnancy? I know insurance doesn't cover pre-existing conditions but I'm wondering if pregnancy might not be the exception. The costs are crazy! Let's just pray she doesn't need a c-section...

Thanks!

 

[computergeek]

Another question: My wife cannot be covered by my insurance plan through work as one of the requirements is "coverage by basic Canadian insurance" meaning that you need to be a Canadian citizen (and she won't be before she delivers). Is there any travelers insurance that would cover pregnancy? I know insurance doesn't cover pre-existing conditions but I'm wondering if pregnancy might not be the exception. The costs are crazy! Let's just pray she doesn't need a c-section...

First, this is FAR more restrictive than what it says on the PEI website. Here's what it specifically says with respect to eligibility:

Am I Eligible If I Move to PEI from Outside of Canada?

Persons from outside Canada establishing permanent residence in PEI may be eligible on the first day they become residents of the province.

New residents will be required to show proof of Canadian citizenship and citizens of other countries will have their status in Canada confirmed with the Department of Immigration.

Permanent residents include Landed Immigrants, repatriated Canadians, returning Canadians, returning Landed Immigrants or a Canadian citizen or spouse of a Canadian citizen assuming residence in PEI for the first time.

(emphasis added).

Source: http://www.healthpei.ca/index.php3?number=1020790&lang=E

So my reading is that your wife might be "covered by basic Canadian insurance". I'd suggest confirming that this is - or is not - the case with Health PEI.

I know that in BC they extend health benefits to spousal PR applicants and children while their applications are in process. No province of which I'm aware requires citizenship.

You may be able to find insurance for complications, but you won't find any insurance company willing to cover the cost of pregnancy and delivery - they'd have to charge you more than the likely cost of the procedure. Sort of like calling your insurance agent and asking to insure your home while it's burning down...

 

[backcountry]

Alright so I should be applying for PR by the end of September. Wish me luck! We've told my parent's that we're married and they have no problem with it. We will tell immigration that her parents can't know right now because of religious reasons (actually true).
Another question: My wife cannot be covered by my insurance plan through work as one of the requirements is "coverage by basic Canadian insurance" meaning that you need to be a Canadian citizen (and she won't be before she delivers). Is there any travelers insurance that would cover pregnancy? I know insurance doesn't cover pre-existing conditions but I'm wondering if pregnancy might not be the exception. The costs are crazy! Let's just pray she doesn't need a c-section...

Thanks!

The paperwork alone can be daunting, familiarize yourself with the entire process as soon as possible, meaning read, read, read, and get it started. You'll be hard pressed to have it ready to submit by the end of September. You must document your relationship, when you met, how your relationship progressed, people who'll attest to it, phone records, emails, love letters, cards, whatever you can possibly pull together to show it's a legitimate relationship. Document absolutely everything.

Regarding insurance, there are no insurance companies which will cover pregnancy. My wife is pregnant, I've looked into everything. However, here in Ontario midwifery services are free. We have to pay for lab tests and ultrasounds out of pocket, but the midwife visits, etc., are free. It may be the same in PEI, check it out. Midwifery services allow for home or hospital births, but a hospital birth will cost approximately $3000 - $5000. We're planning a home birth, something many women do today under the care of fully qualified and experienced midwives. If she deems it necessary to have a hospital birth at the time, then we'll just have to do that, but for now the plan is a home birth.

It's important, I think, for you and your wife to begin living together. Will your parents allow her to move into their home with you? Failing that, would they help support you in your own place, or perhaps you'll need to get a second job. But it really is important to live together to show legitimacy.

You've sort of put the cart before the horse, you've got some obstacles to overcome, but perhaps your parents will help you walk through it. Given that they simply have more life experience, they may be an invaluable asset in this process.

All the best!

 

[SenoritaBella]

If she's lived in PEI for 3 years, wouldn't she be eligible for provincial coverage? Foreign students are eligible for off-campus work permits for the duration of their study permit, why hasn't she applied for one? She will be eligible for a 3 year post-graduation work permit after completing her studies.

You said her parents don't know because of religious reasons - what are the consequences? She is miles away, her father is no longer paying her fees, so what's the point of hiding the marriage from them? These are some questions you will need to address in case of an interview.

 

[amitheonlyone]

If she's lived in PEI for 3 years, wouldn't she be eligible for provincial coverage? Foreign students are eligible for off-campus work permits for the duration of their study permit, why hasn't she applied for one? She will be eligible for a 3 year post-graduation work permit after completing her studies.

You said her parents don't know because of religious reasons - what are the consequences? She is miles away, her father is no longer paying her fees, so what's the point of hiding the marriage from them? These are some questions you will need to address in case of an interview.

Her dad is still paying fees (I should have been more specific) for feeding and lodging. If we tell him we are married/pregnant he will stop paying and right now we can't afford that. She couldn't apply for a work permit because she is no longer in school (he isn't paying for school). If you apply and they see you aren't in school it's a big red flag. She's been living here on a student visa so no provincial coverage. Finally, she cannot complete her studies because she has no money to go to school and I don't have the money to send her ($7,000 dollars per year plus 3,500 dollars outstanding).

 

[amitheonlyone]

First, this is FAR more restrictive than what it says on the PEI website. Here's what it specifically says with respect to eligibility:

(emphasis added).

Source: CANNOT PUT LINKS (forum wont let me)

So my reading is that your wife might be "covered by basic Canadian insurance". I'd suggest confirming that this is - or is not - the case with Health PEI.

I know that in BC they extend health benefits to spousal PR applicants and children while their applications are in process. No province of which I'm aware requires citizenship.

You may be able to find insurance for complications, but you won't find any insurance company willing to cover the cost of pregnancy and delivery - they'd have to charge you more than the likely cost of the procedure. Sort of like calling your insurance agent and asking to insure your home while it's burning down...

You've been a great source of information so I'd like to thank you for that! I'm not sure if you interpreted that correctly. It says "a permanent resident" meaning you'd have to actually have your PR. It says "You may be eligible from the first day you become a Canadian citizen." and the first day is not when the application is going through, but 18 months later when they've (hopefully) approved it. Long after the baby will be here. This is so stressful...

 

[computergeek]

You've been a great source of information so I'd like to thank you for that! I'm not sure if you interpreted that correctly. It says "a permanent resident" meaning you'd have to actually have your PR. It says "You may be eligible from the first day you become a Canadian citizen." and the first day is not when the application is going through, but 18 months later when they've (hopefully) approved it. Long after the baby will be here. This is so stressful...

It says the applicant must be a Canadian citizen or PR. I'd assumed you were in fact a Canadian Citizen, so if you're not then you are right about not being eligible.

However, if you are a Canadian citizen or PR, it then ALSO includes your dependents, and the definition of dependents encompasses spouse. But as I said, you'd be best served to contact Health PEI.

 

[amitheonlyone]

It says the applicant must be a Canadian citizen or PR. I'd assumed you were in fact a Canadian Citizen, so if you're not then you are right about not being eligible.

However, if you are a Canadian citizen or PR, it then ALSO includes your dependents, and the definition of dependents encompasses spouse. But as I said, you'd be best served to contact Health PEI.

I am a Canadian citizen by birth. But she is not. So I am eligible (and have) a PEI health card, but she is not eligible. She called them the other day and they asked about PR and such. She told them she was applying and they told her she wasn't eligible for a health card until she gets her PR.