i need of help!! FAMILY CLASS or SPOUSE IN CANADA CLASS

[gellyvezina]

Hi guys sorry i dont know where to post my question but i wanna ask about the difference between "FAMILY CLASS" AND "SPOUSAL SPONSORSHIP IN CANADA CLASS"
which one should i apply for? i read that in SPOUSE IN CANADA CLASS me and my canadian husband should live together in canada... we dont have any conjugal property or shared expenses yet in canada to proof the cohabitation since i just arrived here last August.

"To apply under the Spouse or Common-Law Partner in Canada Class, you must be living with your sponsor in Canada. See the Basic
Guide and Complete Guide for more information. If you are not living with your sponsor, you should apply under the Family Class.

I am married to my Canadian husband almost 4years now. . I am currently here in canada for the second time now (holding TRV 5YEAR MULTIPLE VISIT VISA). we have a 3 year old daughter she is canadian. and we plan to apply for PR while i am here in canada. please help!

IF i am applying for family class does it mean i am not elligible to apply for open work permit?

 

[Ceimi]

I hope I'm not too late to help with this. The difference between the Family class and spouse in Canada class is the requirements. If you choose to apply as family class, your application will be considered "outland" and you will not be able to apply for an open work permit, and legally cannot work. You WILL however be free to travel outside of Canada without your application being in danger of being revoked. You may still live with your husband on either family class or spousal in Canada.

If you apply under the spouse in Canada class, you MUST be physically present in Canada for the duration of your application. If you are found to not be in Canada at any point during the application (i.e. you leave Canada and are not allowed back into Canada when trying to return) you application will be tossed and you will not be able to appeal. Under this class, you are able to apply for an open work permit which you will submit along with your PR application. The open work permit is not a permanent program, so from what I'm reading it may not exist come december should it not be renewed. If you plan to apply inland, I would recommend looking more into this.

As far as proof goes, I would recommend starting to accumulate proof now. If you are going to be living in Canada, you should have your husband add a cellphone to his plan (if he has one) under your name so that you will receive statements to the address you will be residing at. If you husband receives supplemental insurance through his work, tell him to speak with HR about getting you listed on his insurance benefits. If your husband has a credit card, tell him to add a supplemental card in your name so that your name starts showing on statements. If possible, open a joint bank account as soon as possible. If you husband is renting, see if he can get you added to the lease. If you are ultimately unable to provide ANY kind of proof that you are living together and dont want to wait to accumulate some, you have two options: you can either 1) write a letter stating all of your circumstances on why you cannot or do not have the appropriate amount/type of proof required, and what you will be doing while the application is in process to start creating a conjugal relationship (meaning combining finances, and creating a more married-like relationship) now that you are reunited with your husband.

OR

2)You can apply as outland and live in Canada with your husband while the application is being processed. Since this class doesn't require proof of combined finances and lives, you wouldn't need to provide things like join bank account proof or a lease with both of your names on it. Instead you'll need to provide proof that your relationship is genuine, which, with a kid that your husband is the father of, will not be hard at all.

 

[Emmy Nguyen]

I don’t know if you are still active in this forum or not but if yes pleas help me.
My husband is planning to apply sponsorship for me but we don’t know if our situation is qualified for Outland or not. I current go to school in Canada and also work under study permit and temporary working permit. Am I consider “not living in Canada”?
QUOTE="Ceimi, post: 6506909, member: 712015"]I hope I'm not too late to help with this. The difference between the Family class and spouse in Canada class is the requirements. If you choose to apply as family class, your application will be considered "outland" and you will not be able to apply for an open work permit, and legally cannot work. You WILL however be free to travel outside of Canada without your application being in danger of being revoked. You may still live with your husband on either family class or spousal in Canada.

If you apply under the spouse in Canada class, you MUST be physically present in Canada for the duration of your application. If you are found to not be in Canada at any point during the application (i.e. you leave Canada and are not allowed back into Canada when trying to return) you application will be tossed and you will not be able to appeal. Under this class, you are able to apply for an open work permit which you will submit along with your PR application. The open work permit is not a permanent program, so from what I'm reading it may not exist come december should it not be renewed. If you plan to apply inland, I would recommend looking more into this.

As far as proof goes, I would recommend starting to accumulate proof now. If you are going to be living in Canada, you should have your husband add a cellphone to his plan (if he has one) under your name so that you will receive statements to the address you will be residing at. If you husband receives supplemental insurance through his work, tell him to speak with HR about getting you listed on his insurance benefits. If your husband has a credit card, tell him to add a supplemental card in your name so that your name starts showing on statements. If possible, open a joint bank account as soon as possible. If you husband is renting, see if he can get you added to the lease. If you are ultimately unable to provide ANY kind of proof that you are living together and dont want to wait to accumulate some, you have two options: you can either 1) write a letter stating all of your circumstances on why you cannot or do not have the appropriate amount/type of proof required, and what you will be doing while the application is in process to start creating a conjugal relationship (meaning combining finances, and creating a more married-like relationship) now that you are reunited with your husband.

OR

2)You can apply as outland and live in Canada with your husband while the application is being processed. Since this class doesn't require proof of combined finances and lives, you wouldn't need to provide things like join bank account proof or a lease with both of your names on it. Instead you'll need to provide proof that your relationship is genuine, which, with a kid that your husband is the father of, will not be hard at all.[/QUOTE]