Québec Sponsorship

[Stine]

Hi all,

I am a German citizen and live in Québec with my boy-friend, who will sponsor me. I currently hold a working holiday visa valid until September 2013, which is when we will have lived together for one year. I have various questions on the visa application process, concerning both CIC and MICC.

*** I already excuse for asking that many questions, but I hope the answers will not only be useful for me but also for many others that are in a similar situation. Thanks in advance! ***

1. Latest in August 2013 I plan on applying for my temporary resident status to be extended so I can stay here:
a) Is it correct that I have to complete forms IMM 5558 (Document Checklist) and IMM 5708 (Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder)?
b) Can I apply for my work permit to be extended or am I only eligible for a visitor status as long as the sponsorship process is not started, which we obviously cannot do before September 2013?
c) Can I or rather will it help to state on this application that my partner will sponsor me although at this point of time my application will not have been submitted?
d) What would I state as the purpose of my visit on the application – Returning Worker, Other…?
e) This application does not involve the authorities in Québec, right?

2. Sponsorship application - general
a) I was always under the impression that the sponsor can send his application for sponsorship without the sponsored person sending his (before the first year of living together is completed) but I seem to be wrong after checking again on the CIC website just recently?! Instead we have to send the complete package Application for Permanent Residence from within Canada – Spouse or Common-law Partner in Canada class (IMM 5289) at once (excluding the ones that are not applicable for Québec of course)?
b) My partner and I do not have many "official" documents that prove we live together. Internet and electricity company are not willing to change to both names. Neither is his life insurance company as long as the first year is not completed. He has car insurance for two cars, with one car insurance stating me as the main driver. The lease for our current apartment has only his name on it (landlord not willing to change, again…) but we will move this summer and make sure both our names are on the new lease. Friends and family have sent letters here, I have flight/boarding tickets etc. that show that I have lived here since last fall. I can organize letters from his and my family confirming we are together for real. To show our shared finances I will present an excel budget sheet that shows our expenses and how we share them. Also, we of course have loads of e-mails, phone and chat records from through-out our relation-ship that started 2.5 years ago. Would you think this is sufficient?

3. Sponsorship application – Québec specific
a) This actually also refers to question 2a) – I read the following advice on the MICC webiste: „Practical advice for a sponsored person already residing in Québec: if the sponsored person’s application for permanent residence has not already been submitted, you could send it at the same time as your sponsorship application to the Canadian government.“ Isn´t this what the CIC website suggests anyway?
b) Is it true that if I apply inland, I would be granted an open work permit that is given at first stage approval (letter from MICC confirming acceptance of QC undertaking & CSQ) or do I have to separately apply for that? Also, I would be eligible for health insurance and free language courses in Québec at this point?
c) What happens after I receive the letter from MICC – do I have to complete more forms and send to CIC?

**I hope my questions are clear. Again, thanks a lot to everyone who is submitting answers! Much appreciated.***

 

[QuebecOkie]

I don't know the answers to a lot of your questions, but I have a couple of bits of info to share.

You have to apply for the OWP (open work permit). It is not something that is granted automatically once sponsorship is approved. You should send that in with your application packet (I'm not sure of the form number, but if you read some on the forum, I know I've seen more detailed information about it). Yes, you send in your application for PR with the sponsor's application, as well. We were confused by the Québec stuff and screwed it up, sending in only the sponsor's application materials, and this delayed processing for two months for us. CIC will get all of that, and then you'll be contacted (took about three months for us) and told to send the undertaking/etc. in to Québec's MICC for your CSQ.

I am MOST interested in the free, full-time french language program for immigrants! Looking at the information online, I thought I might be eligible, since I was applying inland, and since I was a temporary resident with an active PR application. I applied for it and was denied. I called the Ministère de la Culture et des Communications, and while there was a little something lost due to the language barrier (the representative's english wasn't great, and my french is much worse), she indicated that I can qualify for part-time courses after my husband is approved as my sponsor, but I can't enroll in the full-time course until I am a PR. I'm not at all sure that is accurate information, as my temporary residency extension clearly states that I cannot work or attend educational classes (which makes me wonder if I can take the part-time courses before I get PR or not).

I applied for and received a one-year extension to my temporary residency (like a visitor's visa, but I'm American and visa exempt), and no, that process didn't involve Québec, only CIC.

 

[Stine]

Thank you QuebecOkie for your input, very interesting!

Anyone else out there who could contribute to answering my questions?

 

[sbea026]

Anyone else out there who could contribute to answering my questions?

Hi, I read your post and will try and answer some of the points based on my experience. I think you asked so many questions it put people off from trying to answer.

For me, I arrived in Quebec in March 2012 on a Working Holiday Visa from New Zealand.
After looking through the CIC website we decided that it would be much less difficult if we got married (June 2012) rather than trying to prove “Common Law”.

We finally sent our application in September 2012 after getting all of the necessary document (birth, marriage, and criminal certificates take time.)
We only filled out the forms: IMM08, IMM 5669, IMM5285, IMM1344, IMM5443 and attached the other requested items I didn't do the medical before sending my application but I am doing it this week.

In November 2012 they started working on our application and requested an updated Background Declaration IMM5481. In February 2013 we were asked to send our applications to the MICC in Quebec (Sponsorship in Quebec and the CSQ) we received it today.

OK in terms of being able to stay in Canada with your partner you need a visa when your current one expires. To do this you should apply for an Open Work Permit IMM5710 (Application to Change Conditions or Extend Your Stay in Canada as a Worker to the Case Processing Centre in Vegreville, Alberta.) when you send your Permanent Residence application.
What happens is that the Visa office won’t start processing the visa application until your PR application reaches Stage 2 i.e. you are Accepted in Principle. However until CIC make a decision it is implied that the Visa will be accepted. This means that you can continue residing in Canada under the terms of your current Visa. This thread my help explain implied status better than I can http://www.canadavisa.com/canada-immigration-discussion-board/-t135245.0.html

1a. As above I would recommend the OWP

1b, You can’t extend an IHP (working Holiday Visa)

1c Not sure is it will help at all

1d If you do end up with a visitors visa your purpose is to be a visitor however you can have duel intent ( both to be a visitor and to apply for PR)
As you are from a visa exempt county in September you could go to the border and renter the country as a visitor then apply for PR removing the need to apply for a visitors visa.

1e. Correct.

2a. 3a. Sending the applications together yup you are correct I think it’s the only way to do it.

2.b This is part of the reason we decided to get Married so I’m not sure what is sufficient to prove common law.

3b.c. You only get the OWP if you have applied for it. The CIC sends instructions on when to apply to the MICC for the CSQ when you receive it a copy needs to go to the CIC no other forms yet….

Health Insurance: you can apply for this once you receive your CSQ and your Acceptance in Principle (and a 3 month wait).

Language Courses: I went to the Adult Education Centre with my IHP Visa and a letter from an employer and am now doing a free Francization course. Otherwise once you get your CSQ you can start them.

I hope this sheds some light for you, any other simple questions I will try and answer or provide a link.

 

[Stine]

Hi sbea,

thanks a lot for sharing your story and the information provided.

My main problem really is that I cannot send the application for extending my current visa and the PR application at the same time because I have to make sure my current visa is extended or renewed in some way at least 30 days before it expires, which is in August 2013. However, we will have lived together for one year only one month later, in September 2013, which is when I could eventually send the PR application. I knew about the possibility of reentering the country, however, I also read about cases where people would not be allowed to reenter, for whatever reason the officer at the border thought was true. I have to say this thought freaks me out, but I might have to take that risk as it could be the only realistic option I have in the end.

For the time being I do not have a job (turns out to be extremely difficult to find work without speaking French sufficiently). Do you know if I could apply for an open work permit with form IMM5710 in case my situation has not changed at the time of applying? Also, it looks like I'd need a LMO number which, even if I had a job, is very complicated to get as far as I know.
May I ask how you managed to find work here in Quebec although you are just starting to learn French?

Thanks again!

 

[sbea026]

For the time being I do not have a job (turns out to be extremely difficult to find work without speaking French sufficiently). Do you know if I could apply for an open work permit with form IMM5710 in case my situation has not changed at the time of applying? Also, it looks like I'd need a LMO number which, even if I had a job, is very complicated to get as far as I know.
May I ask how you managed to find work here in Quebec although you are just starting to learn French?

I understand... took me 6 months to find work after a 4 month intensive french course. I'm working in a kitchen for minimum wage its all I could find where we live (Beauce). Where are you Living?

With the Open Work Permit you can apply for that with your PR application and you don't need a LMO if you have look at the IMM5710 you just leave the employment section blank. (this wasn't very clear which is why I have only just applied for mine). They wont issue the OWP until you are accepted principal.

That living together for 12 months makes it difficult I'm not sure anyway around it without getting married talk to your partner.

 

[Stine]

We live close to Sherbrooke.

I looked again at the form IMM5710 and also the guide but there is no clear indication that the employment section can be left blank. I guess I will have many more questions and doubts once I actually start completing all these forms...

Good luck to you and thanks again for helping me out.

 

[sbea026]

No problem, My In-Laws live in Sherbrooke so that's we we will probably end up.

Yes, not understanding I could leave the form blank really slowed me down in understanding the whole process.

Well good luck and ask me any questions when you think of them, I found it so hard to get hold of the CIC.

And remember start early as document such a Birth cert and police checks take a while to arrive from other countries.

 

[Stine]

Oh, that´s neat. Maybe we could even meet up sometime, who knows. It´s nice to hear other people´s stories who "sit in the same boat".

Guess one of the few advantages of being out of work is you have lots of time. So I do plan on going into more detail soon but to start with it was important for me to understand the greater picture and get more familiar with the general procedures.

 

[sbea026]

Yea that's what my wife said, and then had the odd though that Sherbrooke is so small there is a chance she knows your partner...

Anyway keep doing the research, Bonne Chance