kirthan5 said:
hi everybody
my visa expired in july 08.
now am married my wife has PR.we have a baby too.am scared to apply for my spousal sponsership.whis is the best way to apply in-land or out-land.am from india.
me an my wife got married oct 09 an our baby is born in feb 10.we met in april 07 ice then we r living together an got married oct 09.we dont really have enough prrof for living tgether.we only have photos online for some parties and when i propse her in dec 08 thats how we get engaged.we have some baeball tickets from 07 toois ths proof enough for our application.
can any1 help me plz
thankyou
Co-habitation is not a requirement for spousal sponsorship - only for common-law qualification. Lots of married couples are unable to live together until the foreign national gets PR because of immigration barriers. Your marriage qualifies you to apply - the other component is the "genuine relationship" part and that's what you prove with pictures, letters, emails, proof of phone contact and visits to each other, etc. Because you've been living with your wife in Canada (albeit illegally) since at least Oct 2009, you're probably not going to have much in the way of proofs of visits, contact, etc. In that case, you should get statutory declarations from friends and family who can attest to knowing the two of you as a loving and genuine couple. The "genuine relationship" part is about convincing CIC that you did not get married just so you could stay in Canada, and the fact that you've overstayed since July 2008 makes you suspect. So you're going to need to provide lots of good proof.
One thing that would help your case would be for you to return to India and apply from there - so that you don't appear to be trying to stay in Canada. You can apply outland even while you're in Canada, even without valid status, but be aware that if they ask you to attend an interview, it will be held in India - and you will also have to submit your passport to that embassy at the end of the process in order to get your PR. So, if you apply outland, a large part of the process will be handled there. India does process spousal applications quite quickly - ND is currently finalizing spousal aps in 2-6 months, plus another 6 weeks or so currently for CPC-Mississauga to start the process by approving the sponsor.
iarblue said:
"Note:On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada, who wish to apply for permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply.
In addition, to be able to continue to work and study in Canada, an application for extension must be received by CIC before the work or study permit has expired. Ensure that you mail the completed application, required documentation and fees for an extension to CIC well before the expiry date shown on your work or study permit. Visitors should also apply to extend their visitor status before the expiry of this status."
BE CAREFUL that you completely understand the implications of this policy. Inland is clearly only advantageous for those who have valid temporary status that they can extend through the inland process in order to remain in Canada and continue working or studying under their original permit. Although out of status spouses and common-law partners can, as of Feb 2005,
apply (and be approved) for permanent status without having to have valid temporary status, simply applying inland does not give them valid status. This also does not mean that their PR applications proceed smoothly - in fact, all out-of-status applicant applications are sent to the local CIC office for processing and if your office happens to be backlogged with applications, you could wait for up to two years just to get to the first stage of assessment. In the meantime, you're stuck in Canada with no way to validate your status because if you leave Canada, you forfeit the inland ap and there is no other option to validate your temporary status when you're out of status but to leave and then try to re-enter. In addition, applying inland will not stop any removal proceedings that have already been initiated - although CIC normally does not deport spousal applicants who have submitted a PR ap, unless they deem the relationship non-genuine. So be sure you understand that you could wait a very long time to finally have status if you apply inland - and if you apply outland, you should have a decision in an average of 6 months time - maybe sooner. You may end up having to go back to India for a while to wait things out - if you are called to an interview, you won't get back into Canada again until your PR is approved and you arrive to land - but then you can get on with life. It's entirely your decision. The process, overall, is the same except that there is no right of appeal for an inland application so, if they believe you are only married so you can stay in Canada and they refuse your inland application, you're gone. No options except to go home and start all over again with an outland ap - with the disadvantage of already having been refused for an MOC hanging over your head.
