Medical Received

[drk110us]

i came in India Jun 2012. Now I live here since one and a half months it may affect on my wife's application and processing time ?

 

[CharlieD10]

Are you a P.R.? If you are, what are your ties to Canada? You've already been out of the country 6 weeks, and if you remain down there longer, you might give the impression you are not resident in Canada and be disqualified as her sponsor, thereby resulting in the refusal of her application because her sponsor is found ineligible.

If you are a PR, the Regulations require that you be residing in Canada from the time the application is submitted until a decision is made on the application (when your spouse lands). You may visit with your spouse for short periods, you cannot stay in India to wait until she receives her visa.

 

[drk110us]

you mean i should go to Canada immediately? and how much time i live in India ?

 

[CharlieD10]

Short visits are OK, say 2-3 weeks. Periods longer than 1 month are not good and can lead to questions about your actual residence.

 

[drk110us]

but i have already met the requirements for eligibility as a sponsor. Accordingly, the Application for Permanent Residence for my relative(s) and my application has been forwarded to a New Delhi visa office for further processing. so now i am in India because i met for requirements for eligibility as a sponsor. so why my application may be refused ? :-[

 

[CharlieD10]

Because the Regulations say you must REMAIN a sponsor for the entire duration of the processing of the application, from the day it is submitted until the day a decision is made. A decision has NOT been made, because your wife does not have a visa and she has not landed in Canada. If you do not remain eligible by meeting the residency requirement in Canada, she can be refused.

 

[drk110us]

Because the Regulations say you must REMAIN a sponsor for the entire duration of the processing of the application, from the day it is submitted until the day a decision is made. A decision has NOT been made, because your wife does not have a visa and she has not landed in Canada. If you do not remain eligible by meeting the residency requirement in Canada, she can be refused.

can you give me Canada sponsorship Regulations link.

 

[CharlieD10]

Division 3

Sponsors

Marginal note:Sponsor

130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Requirements for sponsor

133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(a) is a sponsor as described in section 130;

 

[drk110us]

How can cic knows? that if Sponcer is outside Canada during processing time. :-X

 

[CharlieD10]

I don't know how they would know. It is in your best interests to take your obligation to remain eligible to sponsor your wife seriously.

 

[drk110us]

I don't know how they would know. It is in your best interests to take your obligation to remain eligible to sponsor your wife seriously.

If I have any relatives in Canada and there i have a job also then my application may be refused ?

 

[CharlieD10]

Yes, it may still be refused. This is not about your intention to re-establish yourself, that applies to citizens living abroad who are sponsoring. As a PR, you are required to be resident in Canada, you may not sponsor while living abroad, and your intention to re-establish yourself is of no help to fulfilling that obligation.

 

[drk110us]

Yes, it may still be refused. This is not about your intention to re-establish yourself, that applies to citizens living abroad who are sponsoring. As a PR, you are required to be resident in Canada, you may not sponsor while living abroad, and your intention to re-establish yourself is of no help to fulfilling that obligation.

such incident occurred in front of you that have been denied a visa to anyone because the sponsor had not in canada

 

[bilbol11]

Hi, lam Danish. i have Spenser to my wife on 11 january 2012 then after three month 18 april 2012 i have recived a mail from cic that (you have You have met the requirements for eligibility as a sponsor)
its more then 3 months 25 days and my spouse did not receive any information regarding her application.
We received xxxxxxxxxx application for permanent residence on January 11, 2012.
Medical results have been received.
How much it's take time and what i do Next
DONT ASK BECAUSE YOU WILL WEIT AND WEIT AND WEIT ITS SO LONG WEITING GAME I AM WEITING FOR OVER A 15 MONTHS NOW AND I REDO MY MEDICAL TEST 2 MONTHS AGO WITH THE OLICE RECORD AND NOTHING HAEND YET

 

[drk110us]

I don't know how they would know. It is in your best interests to take your obligation to remain eligible to sponsor your wife seriously.

(It is usually faster to apply to sponsor a spouse from outside Canada. However, the requirements to immigrate to Canada are the same in both cases.

Some differences between the processes:

Inside Canada

average of 12 to 18 months to process routine applications
no right of appeal
you are advised to stay in Canada while your application is being processed (If you leave Canada and cannot re-enter, the application will be abandoned
you can send an application for an open work permit with the sponsorship application (the permit will be issued as soon as you are eligible for it)

Outside Canada

average of 6 to 12 months to process routine applications
right of appeal
you can leave and re-enter Canada while your application is being processed as long as you meet all requirements to enter Canada
if you want to work in Canada while your application is being processed, you must apply for a regular work permit)

What it meant can you explain this?
and i have sponcer my wife outside canada not inside.