MisterBob said:
I am running out of time to sponsor my common-law for common-law marriage to canada. We are applying inland and have some questions that would appreciate some help for some clarification.
Questions:
1) We want "extend her stay as a visitor" for more time to complete the application for applying common-law. There is an area on the form that asks for current money amount in her bank account or something along that line. She doesn't have any money in her account as she is not working anymore. Can we put $0.00 for it? Will this affect the visitor extension? the questionnaire in step 1 asks if she has family members here and I put yes "common-law". I put the reason why she is her as "visitor" for "temporarily - more than 6 months" as I tried to put her as "moving here" and "permanently" - it doesnt allow us to extend her visitor visa.
Technically, she doesn't have to be in status for an inland application, but what you need to say is that she would like to visit while they process her application for permanent residency. What you really do need to do is send along a copy of the receipt for payment of the PR application fees and you should also indicate she will be living with you in Canada and you will be providing her support. Even if they refuse her, it won't matter - as I said, in-Canada class applications are the only ones where the public policy is to permit an out-of-status applicant.
Still, it's good to stay in status.
MisterBob said:
2) We have all her forms ready to apply for inland common-law marriage sponsorship but totally forgot to get her "Birth Certificate" and her "Police Certificate/form" from Japan. She will get a scanned copy of her birth certificate from her mother and she is quoted that it takes 2-3 months to receive a copy of the Police Certificate. Should we apply for inland common-law sponsorship now with a letter explanation of the reason why we do not have the police certificate and then send in the police certificate right away when we receive it? Or should we wait and send it in all together? I know on the "Document Checklist" form - it says "If you do not enclose all the required documents, your entire application will be returned to you". We have already completed her medical check. Her current visitor visa expires Feb 28 2013.
Usually a copy of a birth certificate is sufficient, but refer to the specific rules.
Given your timing, I'd send in the copy of the birth certificate (and get a certified copy if the rules say you need one, though I suspect not) and get that application submitted
by February 28, 2013. In that case, also include a temporary status application WITH the PR application: visitor, worker (open work permit), or study. That will be processed when first stage approval is granted and
in the meantime she will be covered by "implied status".
Implied status arises when you are
in status and you submit an application for an extension of status. In that case, you remain "in status" until such time as they make a decision on the application. You must pay the fee for the temporary status application at the same time (e.g., for an open work permit, the fee is $150).
MisterBob said:
3) Does CIC need the Police certificate and Medical check by the time they complete "Approval In Principal" and not before that? I was under the intention it was not needed till Step 2 so therefore, we thought we had more time to get these documents. Now I am thinking it is needed to send in with the application together and not separately.
For inland sponsorship they are fairly lenient here so they will approve you (as sponsor) and then ask for those documents if they don't already have them. Since that's six months, you should have the police certificate by that time. When you get the AOR document it will include your file number and THEN you can submit those extra documents.
MisterBob said:
4) Does she need a Police Certificate for Canada when applying inland common-law sponsorship too? I know it is needed when applying outland but we are not sure about applying for inland if we need it? [/b]
No. RCMP will hand over her information to CIC. The only time she needs to do something here is if they ask her for fingerprints. This can happen because her name matches someone in the RCMP database and they need her fingerprints to establish her identity (e.g., she's not the person with the criminal record). That happens sometimes but in ~ 5% of applications. Don't worry about it unless CIC asks her for them.
Good luck!