Outland sponsorship family class, please I need your advice.

[secosa]

Hello everybody,

I hope this is the right place to ask....

To begin, I would like to thank you all for any kind of advice or help that you may offer. So thank you very much in advance! Now I would like to introduce myself and explain my situation to make it more comprehensible...

I am spaniard and after I get my WHV (Working Holiday Visa), I decided to start a new life in Ontario where I arrived on February 28th 2014. On September 1st 2014, after 6 months fighting for a job and stability, I decided to give myself another opportunity and try my fortune in Québec. A week after arriving in Montreal, I found a job in my field and started working after my first interview... Life continued smiling upon me and two weeks after I met the woman who changed my life... A few months later, my boss decided to start a "Skilled Worker Visa" process with the intension to hire me due to the visa (WHV) I had was about to expire on February 27th 2015. We started with the process on January 7th 2015, but unfortunately the visa was denied on April 27th 2015. The same day I received an email from the CIC (Citizenship and Immigration Canada) explaining that I had to apply for a review or another type of visa (visitor or student) within 90 from the expiry of my temporary resident status.

In the meantime, our relationship started growing increasingly from the first day till today and of course, we want even more... On March 3rd 2015, thinking of our future, we decided to sign a lease to start living together on July 1st 2015. Now, after we realized the harsh truth, we are trying to do as much as possible to be together, so we have been talking with few people involved in a same or similar situation, and this is what we decided to do:

1. We are getting married on June 23rd 2015.

2. In the meantime, till we get married, we are going to compile all we need to apply to a sponsorship under a family class category, as she is Canadian.

3. Before (maybe one week earlier) my current temporary resident status expire on July 26th 2015, I will apply to a Visitor Visa to get 6 months (could I ask one year?).

4. After we receive our marriage certificate at the end of July, we will apply for sponsorship under a family class category through Paris (outland) to reduce the processing times.

5. I will stay in Canada as a tourist and cross our fingers and toes till we get a definitive response!

If I didn't forget something, this is the plan... so what do you think? I'm all ears!
We will be more than grateful for any advice, comment, suggestion or ideas you may share with us... so thank you very much in advance!

I also want to apologize for my grammar mistakes... I tried to do my best.

I hope you guys have an amazing week.

Thank you very much, I wish you all the best!

 

[brucem]

You seem to have your head round the process so thats a good first step!

Make sure you provide plenty of evidence for your relationship as its relatively short in duration and you have previously been refused a visa so look at it from the perspective of an officer who is presented with your case....recently refused a visa, and a few months later getting married...you probably see what I'm getting at. As long as you have lots of evidence I'm sure it won't be an issue.

You can't select what visa office processed the outland application. CIC will send it wherever they see fit, I'm not entirely sure about Spanish citizens but maybe Paris is the usual office.

As you said maintain your visitor status and then basically its a waiting game. In the meantime you could apply for your police certificates, book medicals etc so you'll have all the necessary documents good to go once you get married.

Maybe some others will chip in if I've missed anything.

Congrats and good luck!

 

[secosa]

First of all, thank you very much for your support, I really appreciate your feedback.

As you say about our relationship, we are afraid to make a mistake...

Make sure you provide plenty of evidence for your relationship as its relatively short in duration and you have previously been refused a visa so look at it from the perspective of an officer who is presented with your case....recently refused a visa, and a few months later getting married...you probably see what I'm getting at. As long as you have lots of evidence I'm sure it won't be an issue.

Do you think we should tell them everything just as happened? I mean, to explain in our "love history" about my denied visa and our intention to be together before I got the bad news. We can provide the lease (dated March 3rd 2015) as a proof.

What would you do if you were in my circumstance?

 

[Ponga]

If I have read your information correctly, your visa expired on Feb 27, 2015 and your application to extend that was denied on Apr 27th, meaning that as of July 27th, you will be officially out of status, correct? The truth is, that even in your 90 day window, you are technically out of status. I would suggest that you apply for Restoration of Status ASAP, because to answer question 3 in your post, you do not currently have current temporary status.


And...if your status is restored...and you desire to work ASAP...you might consider submitting an Inland application. Most people choose Outland because of the faster processing times, but for those that are IN Canada already and simply want/need to work ASAP, the Inland application, with an accompanying Open Work Permit application, does two things:

1. Gives the applicant implied status throughout the entire process (no need to apply to extend/change their status)

2. Gives them an OWP in ~ 4 months time, provided that they have maintained their status.

Good luck!

 

[brucem]

Ah I missed that bit about the expiry of the visa. Good advice from Ponga regarding options open to you in terms of inland/outland.

I would certainly explain your relationship as much as possible providing plenty of proof to back up your story, just put yourself in the position of the visa officer as he/she knows nothing about you or your relationship, and relies heavily on what you provide as evidence. Once you have gathered all your evidence sit down and read your application and ask yourself whether you would be convinced by what was in front of you...trying of course to be as objective as possible!

 

[secosa]

Hello there,

Once again I am very grateful for your feedback, I have to say that it is comforting to know that there people like both of you and I can count on your help, thanks!

If I have read your information correctly, your visa expired on Feb 27, 2015 and your application to extend that was denied on Apr 27th, meaning that as of July 27th, you will be officially out of status, correct? The truth is, that even in your 90 day window, you are technically out of status. I would suggest that you apply for Restoration of Status ASAP, because to answer question 3 in your post, you do not currently have current temporary status.

Dear Ponga, I am not questioning what you say, actually I am very grateful for your suggestion, but what's the difference between to apply ASAP or to apply at the beginning or middle of July? Anyway, as you say and you're completely right, I don't have status till I apply for the tourist visa, that will be when I'm going to have an implied status till they give an answer (I hope positive)... so, in this case, why not to play with the processing times and gain some more time? It make sense??

- Please forgive me if I am wrong, I'm speaking from my ignorance and I believe you guys have more experience.

Furthermore;

And...if your status is restored...and you desire to work ASAP...you might consider submitting an Inland application. Most people choose Outland because of the faster processing times, but for those that are IN Canada already and simply want/need to work ASAP, the Inland application, with an accompanying Open Work Permit application, does two things:

1. Gives the applicant implied status throughout the entire process (no need to apply to extend/change their status)

2. Gives them an OWP in ~ 4 months time, provided that they have maintained their status.

Yes, we consider those options but honestly, I prefer to do the outland process and stay in Canada as a tourist while I'm living with her, having the right to appeal in case they refuse the sponsorship.

On the other hand and according with a lawyer, if I do the inland process, the processing times are 26 months instead of 8 (outland) and I will not have right to appeal in case they refuse the application so the game is over... From my point of view, I prefer to not run the risk and to "suffer" the consequences of be a tourist.... do you agree?

To conclude;

Ah I missed that bit about the expiry of the visa. Good advice from Ponga regarding options open to you in terms of inland/outland.

I would certainly explain your relationship as much as possible providing plenty of proof to back up your story, just put yourself in the position of the visa officer as he/she knows nothing about you or your relationship, and relies heavily on what you provide as evidence. Once you have gathered all your evidence sit down and read your application and ask yourself whether you would be convinced by what was in front of you...trying of course to be as objective as possible!

We met online, do you think will be an inconvenient to start telling our "love history" from that point? We have shared a very hard winter in Montréal, spending much of the time at our houses... we have some emails, a lot of sms, some photos, a lot of people who approve and love our relationship, a proof (Facebook) when I surprised her in Vancouver (I was planning with her sister for a month to go to Vancouver and surprise her in her father's birthday), I also have from those days photos with her family and emails which show how they accept me and are happy with our relationship.

The only thing I don't know how to explain, is the wedding... We are getting married to apply to a sponsorship "family class" but I guess I can not say that, right??

- I could maybe say:

Thinking of our future together, after we signed a lease to start living together on July 1st 2015, we decide to fix a date (June 23rd 2015) to get married and keep growing in Canada as a couple.

What do you think???

I would like to thank you once again for your support and feedback, is very kind of you.
I hope you have a good day.

All the best!

 

[canadianwoman]

Having met online is fine, since you have a lot of proof of your relationship in real life outside that.
Don't say you got married for immigration. What you wrote here is fine.
Showing proof of when you planned to move in together is good - because it is before you knew the visa was denied.

 

[Ponga]

Dear Ponga, I am not questioning what you say, actually I am very grateful for your suggestion, but what's the difference between to apply ASAP or to apply at the beginning or middle of July? Anyway, as you say and you're completely right, I don't have status till I apply for the tourist visa, that will be when I'm going to have an implied status till they give an answer (I hope positive)... so, in this case, why not to play with the processing times and gain some more time? It make sense??

- Please forgive me if I am wrong, I'm speaking from my ignorance and I believe you guys have more experience.

Because of the simple fact...that you are now without status, so why risk having removal actions started against you, which would really mess up your plans! Why wait to do something that you know you need to do NOW...not in the middle of July.

If you still had status (even implied status), I would totally agree about "...why not play with the processing times", by waiting until the last minute, but...you may not have that luxury.

But, this is just my $0.02.

 

[secosa]

Having met online is fine, since you have a lot of proof of your relationship in real life outside that.
Don't say you got married for immigration. What you wrote here is fine.
Showing proof of when you planned to move in together is good - because it is before you knew the visa was denied.

Thank you very much for the reply... I really appreciate your support, I'll follow your advice, thanks!!
Fortunately, we have all those proofs, so fingers crossed!!

Because of the simple fact...that you are now without status, so why risk having removal actions started against you, which would really mess up your plans! Why wait to do something that you know you need to do NOW...not in the middle of July.

If you still had status (even implied status), I would totally agree about "...why not play with the processing times", by waiting until the last minute, but...you may not have that luxury.

But, this is just my $0.02.

Dear Ponga, I guess you're right, why to run the risk? As I mentioned, my idea was play with the processing times to avoid to re-apply again... I guess I will have to do it a second time and say that I am in the middle of a process to obtain a permanent residency through a sponsorship family class, right?

Thank you very much for all your support, I really appreciate it!

 

[secosa]

If I have read your information correctly, your visa expired on Feb 27, 2015 and your application to extend that was denied on Apr 27th, meaning that as of July 27th, you will be officially out of status, correct? The truth is, that even in your 90 day window, you are technically out of status. I would suggest that you apply for Restoration of Status ASAP, because to answer question 3 in your post, you do not currently have current temporary status.

Hello Ponga, it's me again... I'm sorry to bothering you.
I was about to apply to restore my status but I was unsure... I am coping the letter they sent me.

They said:

--

This letter refers to your application for a work permit.

Your application as requested is refused.

[X] After considering all the circumstances of your case, your application for a work permit
cannot be approved as requested without a valid Labour Market Impact Assessment and
Confirmation from Employment and Social Development Canada. Your prospective employer is
responsible for obtaining this confirmation.

[X] We also wish to advise you that your temporary resident status expired on April 27, 2015.
You may apply for restoration if, within 90 days from the expiry of your temporary resident status
you submit:

* a completed application form; IMM 5710

* applicable fees for restoration and for the immigration document(s) in the amount of
$355.00. Payments should be made online. When you are finished, you must print the receipt of
payment and include it with your application.
If you are unable to pay online, please contact the Immigration Call Centre, toll free, at 1-888-242-2100.

* all required documents in support of your application.

Please consult the section “Restoration of status” in the application guide: “Applying to
change conditions or extend your stay in Canada”. Restoration applies to each member
who has lost his or her status. Please note that there is no guarantee your application will be
accepted.

Should you choose not to apply for restoration of your status, you will remain a person
without legal Temporary Resident Status and as such will be required to leave Canada
immediately. If you do not leave Canada voluntarily, enforcement action may be taken
against you.

--

I will have to apply to an IMM 5710, not a visitor visa, right?

Thank you very much in advance!

 

[canuck_in_uk]

As I mentioned, my idea was play with the processing times to avoid to re-apply again... I guess I will have to do it a second time and say that I am in the middle of a process to obtain a permanent residency through a sponsorship family class, right?

"Playing" with the processing times is stupid. CIC will clearly see that you waited until the end to apply for restoration in order to prolong your stay in Canada, making it that more likely that they will determine you are not a genuine temporary resident, refuse Restoration and order you to leave Canada.

It is easy to extend your stay while the PR app processes.

I was about to apply to restore my status but I was unsure... I am coping the letter they sent me.

I will have to apply to an IMM 5710, not a visitor visa, right?

No, you do not use IMM5710, as you do not qualify for a work permit. You need to restore status as a visitor, http://www.cic.gc.ca/english/information/applications/visitor.asp.

 

[secosa]

"Playing" with the processing times is stupid. CIC will clearly see that you waited until the end to apply for restoration in order to prolong your stay in Canada, making it that more likely that they will determine you are not a genuine temporary resident, refuse Restoration and order you to leave Canada.

It is easy to extend your stay while the PR app processes.


No, you do not use IMM5710, as you do not qualify for a work permit. You need to restore status as a visitor.

Okay, now makes sense... that's what I thought, but I wasn't sure.
You are absolutely right, it was a huge error to think about that idea, I am indebted to all of you!

I'm going to restore my status right now, but should I do it by mail or through MyCIC account?

I am eternally grateful for your help and support, thanks a lot!

 

[canuck_in_uk]

I'm going to restore my status right now, but should I do it by mail or through MyCIC account?

It doesn't really matter.

 

[secosa]

It doesn't really matter.

Once again thank you very much!

 

[Ponga]

Good luck. I hope your ROS application is approved.