Please help! detail question about the application

[linleon329]

Hi

I have been reading all the guide and go throught most of the forum to understand how to sponser my wife within Canada. I think i understand most of it but some details really bug me a lot.So here is my situation.

I am a naturelized Canadian Citizen since i am 20 (more than 10 years ago) and i have been living in Montreal, Quebec for all these years. I had finished my eduation here and i have been working since 6 years ago as an Engineer for a chemical company. Recently, i have been married to my wife (end oct 2012 in quebec court of justice) who studies Ph D at Mcgill since 5 years and she is at the end of getting her diplome (may 2013). Her study permit will expire at the end of March 2013. We just find out recently that she is pregnant for 2 month (birth at the end of June 2013, in Canada). So i don't know if our situation become more complicated or not. lot of detail bugs me

- What she should do about her student visa? (her professor ask her to stay for Post-doc, so basically she will be working after her graduation). I have been reading a lot about open working visa and she told me there is a type of visa for graduated student , but her visa will expire in March and she will graduate in May. Can we apply the working visa instead of extend her study permit? can i send the visa application with my immigration application? i just dont know how and which should i procede.!!

- since she is pregnant, and i think to do her medical exam and send it all together with the application, am i doing it right?

- what is exactly family members? In my understanding, it includ me and my wife, but does it include her family and also my family (her family is not coming and mine are already all canadian citizen), it bugs me when i am doing the generic form.

- CSQ, i think i have to wait the approval from Canada gov before i apply this right? because i saw the date of application of CSQ on a form and it confused me.

- During the application in process, can she go back home and visit her family? i saw lot of note saying No but if she had legal visa to enter in Canada, can she still do it or it's better to wait until she get her PR?.

Thanks a lot for the help, i really appreciate it.

Regards

 

[computergeek]

I have been reading all the guide and go throught most of the forum to understand how to sponser my wife within Canada. I think i understand most of it but some details really bug me a lot.So here is my situation.

I am a naturelized Canadian Citizen since i am 20 (more than 10 years ago) and i have been living in Montreal, Quebec for all these years. I had finished my eduation here and i have been working since 6 years ago as an Engineer for a chemical company. Recently, i have been married to my wife (end oct 2012 in quebec court of justice) who studies Ph D at Mcgill since 5 years and she is at the end of getting her diplome (may 2013). Her study permit will expire at the end of March 2013. We just find out recently that she is pregnant for 2 month (birth at the end of June 2013, in Canada). So i don't know if our situation become more complicated or not. lot of detail bugs me

Congratulations! Your child will be a Canadian Citizen and being born in Canada won't complicate things at all (having a Canadian birth certificate you won't need to obtain a separate certificate of Canadian Citizenship.)

- What she should do about her student visa? (her professor ask her to stay for Post-doc, so basically she will be working after her graduation). I have been reading a lot about open working visa and she told me there is a type of visa for graduated student , but her visa will expire in March and she will graduate in May. Can we apply the working visa instead of extend her study permit? can i send the visa application with my immigration application? i just dont know how and which should i procede.!!

Interesting question - a "course of study of less than six months" doesn't require a study permit, but I suspect her course of study was longer than that, she's just finishing it up now. To be safe, I'd suggest getting the study permit extension. With respect to the work permit, she would be granted a PGWP separately and should apply for that once she graduates - if it's still necessary.

- since she is pregnant, and i think to do her medical exam and send it all together with the application, am i doing it right?

My understanding is that they won't do a full medical exam on a pregnant woman due to the risk to the baby of the x-rays. This suggests to me you should file for inland sponsorship, rather than outland sponsorship, so that about the time they grant you AIP (stage 1 approval) it would be June and the baby would be born and she could go get the immigration physical for the second stage.

- what is exactly family members? In my understanding, it includ me and my wife, but does it include her family and also my family (her family is not coming and mine are already all canadian citizen), it bugs me when i am doing the generic form.

There are different forms asking for different information. IMM0008 only applies to family that is immigrating. The background form (IMM 5669) asks for her family (parents, siblings, children).

- CSQ, i think i have to wait the approval from Canada gov before i apply this right? because i saw the date of application of CSQ on a form and it confused me.

Right. They ask you to get the CSQ at some point in the process.

- During the application in process, can she go back home and visit her family? i saw lot of note saying No but if she had legal visa to enter in Canada, can she still do it or it's better to wait until she get her PR?.

The risk with leaving Canada on an inland application is that if she is refused re-entry to Canada the application becomes abandoned. Normally, she would only be refused if the BSO had some concern about admissibility, such as a criminal issue. She'd have to find a very hard hearted BSO to refuse her re-entry to Canada, with a valid study permit, her near the completion of her PhD process and either visa exempt or with a multiple entry TRV plus an in process PR application, husband and pregnant.

So there is some small risk that she might leave and not be readmitted. I've read of a number of people who have left and returned to Canada with an inland application in process without any problems, but for those who are very risk-averse they recommend not leaving while the application is in process.

 

[linleon329]

Thanks you so much computergeek

I got worry and hope they won't seperate us at this stage because of her pregnancy. It's my first kid and we need to stay in family. Now i got more relax and Hope i can send the application out by the end of year.

Thanks again!! really appreciate it

 

[linleon329]

Hi computergeek

Just being discuss with my wife. And here are two points she will like to understand about her visa and medical exam

visa - can she still apply for OWP at the same time than the immigration application? will it create a conflict if she also apply for extend her study permit and apply a PGWP after graduation?

Medical exam - so she can wait until the 1e stage approval before going to do the medical exam (i.e. after getting the notice from CIC)? or she can still do it before and send it all with her application and do it again after birth or if CIC require an other exam?

Thanks a lot

 

[computergeek]

visa - can she still apply for OWP at the same time than the immigration application? will it create a conflict if she also apply for extend her study permit and apply a PGWP after graduation?

Yes. It will not conflict with her study permit (one can have both a work permit and study permit at the same time). She shouldn't need both a PGWP and an OWP, so she could just apply for one or the other - why spend the extra $150?

Medical exam - so she can wait until the 1e stage approval before going to do the medical exam (i.e. after getting the notice from CIC)? or she can still do it before and send it all with her application and do it again after birth or if CIC require an other exam?

I've seen many inland applicants do exactly that, yes - they wait until AIP to get their medical done. In your case I'd include a letter expressly stating that this is what you will be doing. It used to be standard because stage 1 processing time was a year, at which point medicals would be expired anyway.

 

[computergeek]

There's a new form in the Panel Physician information for OB 470, IMM 5733: http://www.cic.gc.ca/english/department/partner/pp/pdf/IMM5733E.pdf

This is what a Panel Physician can give to a pregnant applicant so she can get the necessary x-rays after she gives birth. This would allow her to do the initial part of the physical exam up front and then the x-ray afterwards. Note that CIC won't approve her medicals until the x-rays are done in any case though.

 

[linleon329]

great great help!!

Thanks so much

 

[linleon329]

Let's say that i 'll apply OWP at the same time of the immigration application. In this case, does she still need to extend her study permit? In my understanding is as long as i send out the visa application before the recent get expired, i am ok to stay in canada because CIC know my application is in process, Am I right? So, can i choose to apply only OWP rather than extending the study permit + apply for PGWP after the graduation?

The reason is because we don't know how university process and how they consider final graduation timeline. If i extend the study permit until May (last time my wife tell CIC that she will graduate in May and they only give her until March)but University only consider the graduation in June, then I am screwed!!

So again, if i choose the scenario of only apply OWP, will she be ok to stay in Canada until PR?

Thanks a lot

 

[computergeek]

Let's say that i 'll apply OWP at the same time of the immigration application. In this case, does she still need to extend her study permit? In my understanding is as long as i send out the visa application before the recent get expired, i am ok to stay in canada because CIC know my application is in process, Am I right? So, can i choose to apply only OWP rather than extending the study permit + apply for PGWP after the graduation?

Inland applications don't even require that you be in status to apply. But yes, you remain in status as long as you have a pending application awaiting a decision.

(5) If a temporary resident has applied
for an extension of the period authorized
for their stay and a decision is not made on
the application by the end of the period authorized
for their stay, the period is extended
until
(a) the day on which a decision is made,
if the application is refused; or
(b) the end of the new period authorized
for their stay, if the application is allowed.

Source: IRPR Section 183

The reason is because we don't know how university process and how they consider final graduation timeline. If i extend the study permit until May (last time my wife tell CIC that she will graduate in May and they only give her until March)but University only consider the graduation in June, then I am screwed!!

It's odd they only gave her until March. Of course, she isn't eligible for a PGWP until she graduates. I'd be tempted to mention that to the VO - "we request a student permit through June 2013 in order to permit her to be in Canada for her graduation, even though her classes complete in May 2013."

The only issue I see is that she'll be studying from March to May. I'm not sure CIC would consider her OWP to extend her study permit. But she's allowed to submit a study permit with the PR application (instead of or even in addition to the OWP - though they will only process one of them).

So again, if i choose the scenario of only apply OWP, will she be ok to stay in Canada until PR?

My reading of the IRPR is that she would be, but I've no real experience with this specific situation. Hopefully another forum member who has been in this situation will be able to provide further feedback. Absent that, I'd just ask for both - OWP and study permit - and tell the VO that her studies finish in June so if not granted by then ask to just grant the OWP.

 

[linleon329]

One question

I send my applicaiton last december 2012, i got a confirmation email from CIC that they received it in 24 december.

In Feb, i got a email and a letter from CIC, they ask me to apply for undertaking (MICC) and CSQ. After 4 weeks waiting, i got my wife's CSQ yesterday.

What should i do now? should i send a copy of CSQ back to CIC? or MICC will give them the info and the process will just go by itself?

Can my wife apply for medical card? (it says yes if PR is in process)

Everything works so far so good, but just got confused at this point.

Thanks