Inland or Outland Spouse Sponsorship need help..!!!

[ron_enfield]

Hi forum folks and experts,

I would like to seek your help on this important matter of Spouse Sponsorship.


I am a Permanent Resident (Federal Skilled Worker Visa) and I visited Toronto as part of my first entry in the month of June 2015.
and stayed for 40 days. ( I am Software Engineer, had taken leave from my job at HP Bangalore for the visit and returned)

Then returned to Bangalore and had my marriage on 6 Sep 2015. My wife is a Russian, we were in a relationship for about a year before our marriage. She had visited India twice in Nov 2014 and Jan 2014 and I visited Russia twice in 2015 May and July 2015
on my return journey from Toronto.

And we have substantial record to prove our relationship was developed over a period of time.
The church community in Russia and my church community in Bangalore can vouch for this in terms of getting
statement or letters of reference from the church Pastor and elders in the church and families.
We were married in my church in Bangalore. And we had the church Pastor from Russia who was present for the wedding in Bangalore. It was a merry wedding, a little over one thousand one hundred 1100 people who attended the wedding. So we have photos of the wedding with friends and family.

All said but there are a few hurdles in applying for the Spouse Visa.

Since my understanding was that I cannot apply for a Spouse Visa while the sponsor (myself) is outland (not in Canada),
I also read this clause on CIC webpage of Spousal Sponsorship.
Therefore I applied for a Visitor Visa for my wife stating the reason that she will accompany me to Toronto and
that the Visitor Visa for my wife will enable her to travel with me and I will also apply for the Spousal visa in Canada.

But it was refused saying that " You have not satisfied me that you will return after the Visa's duration of stay"
In spite of stating every detail in the itinerary and giving them all the assurance of a return as per the Visitor Visa entitlement of stay and and to reapply for a Visitor Visa again by leaving Canada and returning To Russia and again apply for a Visitor Visa.
till the time the PR gets processed. But the Visa officer has refused the application.

My questions for applying the Spousal Visa are the few listed here:

1) Can I apply for the Spouse Visa for my wife while I am living in Bangalore? ( I am not inland in Canada)
Anyone in this forum who has filed an application outland while both the Sponsor and Spouse are outland?

2) Secondly all Spousal Visa Application are to be sent to Missisuaga CIC, thats what the Delhi Canadian Office communicated through email and gave only the postal address but no email of Missisuaga CIC was provided to clarify anything related to it?
Anyone in this forum who has an email of CIC to contact Missisuaga office CIC?

I infact contacted CIC directly through webpage enquiry request and also through email but no response in this matter.

3) Thirdly if need be that sponsor (myself) should be inland while applying for the Spouse visa for my wife,
then how likely is the success of a Visitor Visa after applying for a Spouse Visa?
What are the various means of assuring CIC that my wife will return after the Visitor Visa term and then reapply for Visitor Visa.


4) Are there any regulations for the Sponsor , such as I have to have a job in Canada before I sponsor my wife or can I just show the required proof of funds for our stay for the next one year or so ? I am asking about the job requirement because it would take a month or two to settle down and I dont want to wait until that time before I could apply for the Spouse Visa in Canada.
We dread the separation that could creep in with so many unknowns of Visa processing.

5) There should be some means of assuring CIC that even after applying for Spouse Visa, we ought to apply for the Visitor Visa to stay together as a couple. I do not know by what other means I could assure CIC of honoring the Visa rules,
for my wife to be given the Visitor Visa.


Looking forward for your suggestions.
Thanks in advance.

Have a wonderful Christmas season.

 

[scylla]

Since you are a PR, you MUST be living in Canada in order to sponsor your wife for PR and you must continue living in Canada while the application is being processed. You cannot sponsor her while living outside of Canada. If you submit the application from outside of Canada - it will be refused. Only Canadian citizens are permitted to sponsor their spouses while outside of Canada - PRs cannot. There are no exceptions to this rule.

She is free to apply for another visitor visa however chances are very high it's going to be refused again. Submitting the outland sponsorship application will not increase her chances of getting a visitor visa approved. If anything, it will lower the chances of approval.

You don't need to have a job to sponsor your wife.

 

[ron_enfield]

Hi Scylla,

Thanks for taking the time to read through and reply to my query.

Another question inline that I have to ask you is -- Do I need to stay in Canada till the time the Spouse Visa gets processed and finalized? From the time the Spouse Visa is filed and until the point it gets finalized ??

Seek your help for that answer please.. !!

Thanks in advance.
Have a good one.

 

[scylla]

Hi Scylla,

Thanks for taking the time to read through and reply to my query.

Another question inline that I have to ask you is -- Do I need to stay in Canada till the time the Spouse Visa gets processed and finalized? From the time the Spouse Visa is filed and until the point it gets finalized ??

Seek your help for that answer please.. !!

Thanks in advance.
Have a good one.

Yes - you must remain in Canada from the start of application processing to the very end. You can take occasional short trips (2-3 weeks) outside of Canada. However if you are outside of Canada for too long or too often, CIC may determine you really aren't living here and refuse your applicaiton.

 

[9symmerty]

Since you are a PR, you MUST be living in Canada in order to sponsor your wife for PR and you must continue living in Canada while the application is being processed. You cannot sponsor her while living outside of Canada. If you submit the application from outside of Canada - it will be refused. Only Canadian citizens are permitted to sponsor their spouses while outside of Canada - PRs cannot. There are no exceptions to this rule.

She is free to apply for another visitor visa however chances are very high it's going to be refused again. Submitting the outland sponsorship application will not increase her chances of getting a visitor visa approved. If anything, it will lower the chances of approval.

You don't need to have a job to sponsor your wife.

Where does it say that ONLY Canadian citizens can sponsor their spouse Outland? Would you be able to post the link to this so people can stay informed? Thank you.

 

[MilesAway]

Taken directly from the CIC guide:
If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad.



It doesn't say anything about inland or outland, but that a PR sponsor must reside in Canada.

 

[9symmerty]

Taken directly from the CIC guide:
If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad.



It doesn't say anything about inland or outland, but that a PR sponsor must reside in Canada.

Oh I see, it applies to Sponsors living abroad.. thank you for the information now I understand