*** March 2020 INLAND Spouse Sponsorship ***

[ACanada1]

You are right, i noticed there are some countries where outland is extremely slow. You might be right about the months per year, for instance you might notice things tend to slow down in November, then right after chrismass they speed up

Thank you for your confirmations. I come to some results but as I am just start reading 2 3 weeks ago I am not sure at all if my conclusions are valid.
Wish you and other applicants the best.

 

[prschn]

Here it states, just above "Part A - Forms Required".
"Information About Previous Examination (to be completed by the sponsor):
The person I am sponsoring was declared as my spouse or partner and was already examined as a non-accompanying dependent when i applied for a permanent resident visa, and did not receive an immigrant visa. (Note: If you have never applied for a permanent resident visa, answer no.)"

I am currently working on a sponsorship application to sponsor my spouse for PR. I got PR through express entry but was married then but did not include my spouse. I am not sure if I mentioned her as a accompanying or non accompanying dependent. In 2018 I applied to sponsor my spouse but was rejected as i applied under the wrong class.

What should be the answer for the question mentioned above?

 

[Eveslm]

Here it states, just above "Part A - Forms Required".
"Information About Previous Examination (to be completed by the sponsor):
The person I am sponsoring was declared as my spouse or partner and was already examined as a non-accompanying dependent when i applied for a permanent resident visa, and did not receive an immigrant visa. (Note: If you have never applied for a permanent resident visa, answer no.)"

I am currently working on a sponsorship application to sponsor my spouse for PR. I got PR through express entry but was married then but did not include my spouse. I am not sure if I mentioned her as a accompanying or non accompanying dependent. In 2018 I applied to sponsor my spouse but was rejected as i applied under the wrong class.

What should be the answer for the question mentioned above?

If you included your spouse as a non-accompanying dependent then the answer would be yes. I am assuming if you included your spouse as accompanying then they would have landed with you when you got your PR?

If you did not include them at all in your previous application then you wont be able to sponsor them

I think you should mention the previous refusal on the forms where that asks if they were previously refused entry and explain the reasons in the space provided in those forms

 

[prschn]

If you included your spouse as a non-accompanying dependent then the answer would be yes. I am assuming if you included your spouse as accompanying then they would have landed with you when you got your PR?

If you did not include them at all in your previous application then you wont be able to sponsor them

I think you should mention the previous refusal on the forms where that asks if they were previously refused entry and explain the reasons in the space provided in those forms

Hi thanks for your reply. My spouse was not accompanying dependant because she would have got PR with me then, as you are saying.

I hope i would mentioned her as my spouse but non accompanying. but cannot remember that for sure. Do you know how mentioning about a non accompanying dependant works in EE, as i went thorough all that in 2015 and cant remember a thing, also am trying to access mycic account to check forms to ensure it.

Yes i have mentioned about the refusal in those space provided.

 

[ConfusedandInLove]

If the application is received before your permit expires then you will have implied status from the OWP application. If your application is accepted as complete, you will be fine.

If your application is received after your permit expires you won't qualify for OWP as you will be out of status.

If your application is returned as incomplete you might be out of status and will have to apply to extend stay as a visitor when you resend your package or before resending it.

You can wait until just before your status expires to extend your stay as a visitor

I am in a similar boat and hoping you can give some advice as I am unsure what to do... I will be ready to submit the application and OWP application in about 2-3 weeks, so mid-April, my visitor visa expires on 2 May so now I am wondering if I should rather apply for an extension so I can remain in status and then after I apply for an extension, submit my application and OWP application?

The reason I am wondering this is with the current state of affairs, I am not sure if they will receive my application before my visa expires, even if I send it two weeks before it expires. I was planning n using FedEx.

Do I understand correctly that they only see it as having been received when they send the AOR and not the day it is delivered by FedEx?

 

[Eveslm]

Hi thanks for your reply. My spouse was not accompanying dependant because she would have got PR with me then, as you are saying.

I hope i would mentioned her as my spouse but non accompanying. but cannot remember that for sure. Do you know how mentioning about a non accompanying dependant works in EE, as i went thorough all that in 2015 and cant remember a thing, also am trying to access mycic account to check forms to ensure it.

Yes i have mentioned about the refusal in those space provided.

If she was a non accompanying dependent then she would have gone through medicals etc.

 

[Eveslm]

I am in a similar boat and hoping you can give some advice as I am unsure what to do... I will be ready to submit the application and OWP application in about 2-3 weeks, so mid-April, my visitor visa expires on 2 May so now I am wondering if I should rather apply for an extension so I can remain in status and then after I apply for an extension, submit my application and OWP application?

The reason I am wondering this is with the current state of affairs, I am not sure if they will receive my application before my visa expires, even if I send it two weeks before it expires. I was planning n using FedEx.

Do I understand correctly that they only see it as having been received when they send the AOR and not the day it is delivered by FedEx?

You can send you application for PR + OWP first. If you want to apply to extend your stay, you can do so online, it doesnt have to be now. You can do so even a day before it expires - online

 

[prschn]

If she was a non accompanying dependent then she would have gone through medicals etc.

Wow, thank you. Yes, she took medicals with me at that time, i remember that very well. So the answer for the question would be, Yes ?

Also as i mentioned my application was refused once already as I applied under the wrong class (do not want to make that mistake again). I applied under spouse or common law partner in canada class, but we were not cohabiting as we were living in different provinces. We have now moved together so am preparing an application under spouse or common law partner in canada class, my question is, she is planning to travel back home for a month or so after submitting this application. So should i consider applying under family class ? she is currently on a work permit and is valid for next couple of years.

 

[Eveslm]

Wow, thank you. Yes, she took medicals with me at that time, i remember that very well. So the answer for the question would be, Yes ?

Also as i mentioned my application was refused once already as I applied under the wrong class (do not want to make that mistake again). I applied under spouse or common law partner in canada class, but we were not cohabiting as we were living in different provinces. We have now moved together so am preparing an application under spouse or common law partner in canada class, my question is, she is planning to travel back home for a month or so after submitting this application. So should i consider applying under family class ? she is currently on a work permit and is valid for next couple of years.

Yes for the unaccompanying question
For the refusal, mention on the form where it asks for previous refusals

 

[Natus7]

We submitted our application (along with an OWP app) on Thursday March 12th of last week. It was supposed to get there this morning but our courier service (FedEx) said that "Customer not available or business closed". We are sorta worried that the processing center was one of the ones that was affected or closed due to COVID-19. If so, no details were available online. FedEx is going to try tomorrow to deliver it again. Hopefully it is received then.

We are about to send our application too and worrying about the same thing. Can you let me know what happened in your case? Has it been received? We're wondering whether we should use the courrier or just send it by mail? We want to send it on March 31st. My visa expires April 9th so we need to make sure it gets received by then.

 

[prschn]

Yes for the unaccompanying question
For the refusal, mention on the form where it asks for previous refusals

I applied under spouse or common law partner in canada class, but we were not cohabiting as we were living in different provinces. We have now moved together so am preparing an application under spouse or common law partner in canada class, my question is, she is planning to travel back home for a month or so after submitting this application. So should i consider applying under family class ? she is currently on a work permit and is valid for next couple of years.

Do u have a suggestion for this?

 

[Mice]

I applied under spouse or common law partner in canada class, but we were not cohabiting as we were living in different provinces. We have now moved together so am preparing an application under spouse or common law partner in canada class, my question is, she is planning to travel back home for a month or so after submitting this application. So should i consider applying under family class ? she is currently on a work permit and is valid for next couple of years.

Do u have a suggestion for this?

For common law partner in Canada class, you have to live together at least 1 year before you apply. Must include proof of cohabiting living together.
For spouse in Canada class, married certificate is required.
There are some strict when you apply sponsorship inland, but some people still able to travel short trip few weeks during application processing.

 

[Eveslm]

I applied under spouse or common law partner in canada class, but we were not cohabiting as we were living in different provinces. We have now moved together so am preparing an application under spouse or common law partner in canada class, my question is, she is planning to travel back home for a month or so after submitting this application. So should i consider applying under family class ? she is currently on a work permit and is valid for next couple of years.

Do u have a suggestion for this?

the main reason people would apply in-canada class is because of the open work permit. If she has a work permit that is not expiring soon, and she needs to go outside Canada after the application has been submitted, then may be you should consider outland (currently living in Canada and applying under family class not under the spouse or common law partner in canada class)

With the family class (outland application while living in canada), she will be able to travel outside Canada, and can return as she has a work permit. The issue will be if she is asked CIC asks her to go for an interview, then she will have to travel to her home country. Outland applications have been known to be processed much faster than inland (if it is not a complicated case, or the VO is not backlogged)

With the in Canada class (inland) it is expected that you live together, and if one has to travel outside Canada then it should not be for a long time (say 2 weeks). If for whatever reason, one travels and is denied entry upon returning (does not happen often), then your application will be treated as abandoned leading to a refusal.

 

[Eveslm]

For common law partner in Canada class, you have to live together at least 1 year before you apply. Must include proof of cohabiting living together.
For spouse in Canada class, married certificate is required.
There are some strict when you apply sponsorship inland, but some people still able to travel short trip few weeks during application processing.

they are married so the common law rule does not apply to them

 

[Eveslm]

I applied under spouse or common law partner in canada class, but we were not cohabiting as we were living in different provinces. We have now moved together so am preparing an application under spouse or common law partner in canada class, my question is, she is planning to travel back home for a month or so after submitting this application. So should i consider applying under family class ? she is currently on a work permit and is valid for next couple of years.

Do u have a suggestion for this?

As you were married, you could have included a letter of explanation as to why you were living in different provinces for instance due to employment reasons etc. It might have helped