**MISSISSAUGA PROCESSING** - Outland Spousal Applicants

[prettybutterfly]

hi guys
does anyone know what happens if the sponsor is found ineligible but you have checked the box to proceed (in the forms)?
do they make a decision for the case just based on the principal applicant?

 

[Miraclejj]

hi guys
does anyone know what happens if the sponsor is found ineligible but you have checked the box to proceed (in the forms)?
do they make a decision for the case just based on the principal applicant?

If the sponsor is ineligible, the case will be denied. Somebody else may answer to why CIC would have this option on application, but for approving a spousal sponsorship, you have to have an eligible sponsor in the first place.

 

[Miraclejj]

I'm hoping to be eligible and according to the criteria on the cic website I am eligible, the problem is that I wasn't here for the whole 730 days out of 5 years so I'm a little worried about that

Are you a PR or Citizen? If you are a citizen, you don't have to worry about this. If you are a PR and you didn't meet the RO requirement, it is not the spousal sponsorship that you need to worry about (guaranteed to be denied), it is your own PR status you need to worry about.

 

[prettybutterfly]

Are you a PR or Citizen? If you are a citizen, you don't have to worry about this. If you are a PR and you didn't meet the RO requirement, it is not the spousal sponsorship that you need to worry about (guaranteed to be denied), it is your own PR status you need to worry about.

you mean like they would give a departure order?

 

[Miraclejj]

you mean like they would give a departure order?

Well, you need to disclose more about your RO history, then we can have a more clear picture to provide suggestion.
And just to answer your question, if CIC find you that your RO isn't met, they can initiate the process to revoke your PR status, when you lose your PR status, you have to leave Canada.

 

[prettybutterfly]

Well, you need to disclose more about your RO history, then we can have a more clear picture to provide suggestion.
And just to answer your question, if CIC find you that your RO isn't met, they can initiate the process to revoke your PR status, when you lose your PR status, you have to leave Canada.

wow you're good at this! are you a lawyer?

 

[Miraclejj]

wow you're good at this! are you a lawyer?

I am not a lawyer, just an applicant that like you. But I did learn a lot from the home work I did, when I prepared my application and from this forum.

 

[JulianaAndrew]

If the sponsor is ineligible, the case will be denied. Somebody else may answer to why CIC would have this option on application, but for approving a spousal sponsorship, you have to have an eligible sponsor in the first place.

Not exactly correct. IRCC can still approve applications where the sponsor is ineligible, that's why they have that option. They can proceed on H&C grounds to approve such cases. There have been several applications that went this route successfully.

 

[Miraclejj]

well I was in med school when I became a PR so I came here and landed but I had to go back to finish my studies and I got married, I got here as soon as I graduated and I'm working now, but still wont be 730 days. so... a little complicated!

When did you exactly to landed as a PR? Which date?

 

[prettybutterfly]

Not exactly correct. IRCC can still approve applications where the sponsor is ineligible, that's why they have that option. They can proceed on H&C grounds to approve such cases. There have been several applications that went this route successfully.

so i guess there's still hope! fingers crossed
does it take longer than usual?

 

[Miraclejj]

Not exactly correct. IRCC can still approve applications where the sponsor is ineligible, that's why they have that option. They can proceed on H&C grounds to approve such cases. There have been several applications that went this route successfully.

Well, the problems are that from several senior members posts to be approved on the H&C ground, it needs to be under extreme circumstances. And it is a pretty high bar for most of the applicants to meet the requiremets.

 

[JulianaAndrew]

Well, the problems are that from several senior members posts to be approved on the H&C ground, it needs to be under extreme circumstances. And it is a pretty high bar for most of the applicants to meet the requiremets.

I am not sure, but I believe it's not exactly the same as the usual H&C in Canada. So the rates of success might be higher than those.

 

[prettybutterfly]

I am not sure, but I believe it's not exactly the same as the usual H&C in Canada. So the rates of success might be higher than those.

what do you mean?

 

[Miraclejj]

i came here on an immigrant visa back in 2013 and i got my pr card about a month after landing

Well, in this case, my personal suggestion is to wait after you successfully renew you PR card, then file the spousal sponsorship. And meanwhile, you can utilize this period to collect more evidences of your relationship to build a stronger case. You don't want to rush in applying your case, while compounding the potential risk that CIC may find that you didn't meet your RO.

 

[Miraclejj]

I am not sure, but I believe it's not exactly the same as the usual H&C in Canada. So the rates of success might be higher than those.

Sure, it does have the same high bar as other H&C, and one of the fundamental requirement is that if the case is denied that will cause extreme hardship to the applicant and/or sponsor. And there aren't many circumstances can be counted as extreme hardship.