Questions on spousal sponsorship

[furciferpardalis]

Hey everyone,
I've been frequenting the forum reading up all I can before I go ahead and ask some questions. I'll give a little background first;
I am engaged to a guy who currently lives in Wales, UK. He has had a student visa granted so it's safe to assume he'll be here in Ottawa (living with me) until the expiry date. Here are my questions:
1. If we get married when he gets here, how soon after can we start the spousal sponsorship process?
2. What happens if the process is not fully completed when his visa expires(although we'll do everything possible to make sure that he can renew)?
3. Does having a student visa or work permit hinder the process at all? I'm aware that it's more time consuming to process if we're both here in Canada than if he were to stay in Wales.
Thanks for the help
-Carolyn

 

[CharlieD10]

1. You can apply as soon after as you have the application and all supporting documents put together.

2. You apply 30 days before his current status expires to extend it, citing as the reason for extension that he is waiting out the PR process, and attach proof of the process (payment receipt, sponsor approval if available by then).

3. No. And you don't have to file Inland just because he will be in Canada, in fact filing via London would be much faster and you have the option to do so even if he is in Canada.

 

[furciferpardalis]

1. You can apply as soon after as you have the application and all supporting documents put together.

2. You apply 30 days before his current status expires to extend it, citing as the reason for extension that he is waiting out the PR process, and attach proof of the process (payment receipt, sponsor approval if available by then).

3. No. And you don't have to file Inland just because he will be in Canada, in fact filing via London would be much faster and you have the option to do so even if he is in Canada.

Thanks for the quick reply! A few more in accordance with your answers:
2. What exactly do we apply for to extend his stay? A visitors visa?
3. How do you go about filing via London? Wouldwe fill out the appropriate forms from the CIC website and send them to the London offices? Are we able to do it this way because he will only be on a visa and not an actual PR of any sort?

 

[CharlieD10]

2. You apply for an extension of his visitor status. As he is visa exempt, he won't need one when he comes to Canada, he will simply be given a stamp in his passport with a date of expiration. You apply to extend that status 30 days before it expires.

3. You fill out the appropriate forms and send them to Case Processing Centre - Mississauga (CPC-M). After they review it and approve you to sponsor him, they will forward it to London where his PR application is processed. The entire application with both sponsor and applicant's forms and supporting documents go to CPC-M.

 

[furciferpardalis]

2. You apply for an extension of his visitor status. As he is visa exempt, he won't need one when he comes to Canada, he will simply be given a stamp in his passport with a date of expiration. You apply to extend that status 30 days before it expires.

3. You fill out the appropriate forms and send them to Case Processing Centre - Mississauga (CPC-M). After they review it and approve you to sponsor him, they will forward it to London where his PR application is processed. The entire application with both sponsor and applicant's forms and supporting documents go to CPC-M.

2. What do you mean he is visa exempt? As in he doesn't need a visa to be a visitor because he is from the UK? Does this apply when his student visa expires(is this what you mean by the stamp with expiration date?) So then i suppose it is possible to, in a way, turn the student visa to a visitors?

3.I'm still a bit confused on the out-of-Canada vs inland application processes. Is it a matter of application type, where I send it, or simply checking the 'out-of-Canada' box on the application? And just to confirm, the reason we can apply in the out-of-canada way is because he will be on a visa and not in any other way a permanent resident(in which case we would go for the inland version? Does it make a difference if he gets a temporary work permit?
Thanks again for all your help!

 

[CharlieD10]

Yes, because he is from the UK he does not need a visa to visit Canada. His student permit gives him the permission to pursue long-term educational courses, which are not allowed for visitors. When his student permit expires, if he does not wish to continue or the course is over, he applies to vary his status from student to visitor.

Inland means that the application is processed in Vegreville, AB and he is encouraged to remain in country until he receives his PR status. There is no right of appeal for this type of PR app.

Outland means that the application is first processed at CPC-M, then forwarded to the visa office responsible for persons of his nationality, in this case, London. It doesn't matter that he is in Canada, he retains the right to have his application processed Outland in London. Your right of appeal is preserved, (in the unlikely case the application is denied), and he can travel in and out of the country if need be, without it affecting his application. Many persons on this forum from the UK have done this. London is very fast, persons who applied via Outland (London) in Feb and Mar 2011 are receiving PR now. Compare this with persons who applied Inland in Feb 2011, their applications will not be opened for processing until Dec 2011.

 

[furciferpardalis]

Yes, because he is from the UK he does not need a visa to visit Canada. His student permit gives him the permission to pursue long-term educational courses, which are not allowed for visitors. When his student permit expires, if he does not wish to continue or the course is over, he applies to vary his status from student to visitor.

Inland means that the application is processed in Vegreville, AB and he is encouraged to remain in country until he receives his PR status. There is no right of appeal for this type of PR app.

Outland means that the application is first processed at CPC-M, then forwarded to the visa office responsible for persons of his nationality, in this case, London. It doesn't matter that he is in Canada, he retains the right to have his application processed Outland in London. Your right of appeal is preserved, (in the unlikely case the application is denied), and he can travel in and out of the country if need be, without it affecting his application. Many persons on this forum from the UK have done this. London is very fast, persons who applied via Outland (London) in Feb and Mar 2011 are receiving PR now. Compare this with persons who applied Inland in Feb 2011, their applications will not be opened for processing until Dec 2011.

I can't believe how helpful you're being! It's fantastic!
This may seem obvious but, permitting everything is approved and he gets his PR status, at that point can he live, breath, study, and work like your average Canadian without any more permits or visas? Then at the three year point he can apply for his very own citizenship, correct?

 

[CharlieD10]

That is correct, PR status allows him to live, work and study in Canada without need for any permits or visas. It also allows him to pay taxes, too.

Yes, citizenship can be applied for after 3 years of physical residency out of the last four years.

 

[rjessome]

Good job CharlieD10.

 

[furciferpardalis]

Great! Thanks CharlieD10!

 

[CharlieD10]

Good job CharlieD10.

High praise! Thank you.

And you're very welcome, furcifer, passing along the help we receive is the best thing about this forum!