resign before visa

[marf]

hello everyone.
hope someone can help us. my husband sponsor me from here in Kuwait.
we get letter from abu dabi that the visa is arrived and ready, but they need proof that sponsor resign and settled everything with the company. they need proof of settlement. and they give us until feb 20. but kuwait labor law is 3 month and my company according to law ask him to finish 3 month or pay the salary to company for months he does not do. and then it takes another 3 weeks to cancel everything and get proof of settlement.
this is very disturbing. please anyone face something like this. we send email to abu dabhi and they insist they need same docuemnts. please advise because we cannot afford to give company $16,000 instead of getting settlement of $40,000.

 

[RobsLuv]

First of all, you may not realize that your Confirmation or Permanent Residence will have an expiration date - so, in that regard, it is important anyway for your husband to be giving notice to his employer of his intent to leave . . . especially if he has to give them 3 months notice. You will have to "land" in Canada before the expiration date on your COPR - which will be either the same as the expiration date on your passport, or the one year anniversary of your immigration medical exam. So that's an important consideration.

I think it's possible that all the embassy requires is proof that your husband has given notice to quit his job, and that he is severing all ties to Kuwait. They want to know that he is intending to accompany you back to Canada rather than sending you there and staying in Kuwait. He has promised, by applying to sponsor you, to provide for you in Canada, so he has to demonstrate that he intends to do that. And giving your husband until Feb 20 to provide them with proof that he intends to leave Kuwait is not the same thing as giving him only until Feb 20th to accomplish this - so be sure about what he's being asked to do. If you have to actually "land" in Canada by Feb 20th, because that is the expiration date on your visa, then he has no choice but to leave Kuwait and go with you, regardless of the financial consequences. But if your visa does not expire for several more months, it is very possible that all your husband needs to do is give notice to his employer that he will be leaving (he has to do that 3 months prior to leaving anyway, right - so the sooner, the better if you are moving to Canada) and provide proof to the Embassy that he has done so. They are not asking him to leave his job by Feb 20th - they are asking him to show, by Feb 20th, that he has made arrangements to leave and go back to Canada. At least that's my "take" on it. Others may disagree.

 

[marf]

Thanks Robsluv,
The embassy has given until Feb 20th to submit proof of resignation letter, canceled residency and benefits letter. The visa expires in october 2011. The problem is i have already resigned on 3rd January for the company asking to complete 3 full months else pay the remaining unserved months to company. If i spend money on giving back to company, then i am loosing $16000 which is unfair. And even if i am willing to take this decision and last day be end of January, what if they reject the visa. Then i am without job, without visa and life and career is ruined. I believe is it is not done till it is stamped. But loosing $16000, this is my 7 months of expenses cover for Canada if I dont get a job.

 

[rjessome]

Thanks Robsluv,
The embassy has given until Feb 20th to submit proof of resignation letter, canceled residency and benefits letter. The visa expires in october 2011. The problem is i have already resigned on 3rd January for the company asking to complete 3 full months else pay the remaining unserved months to company. If i spend money on giving back to company, then i am loosing $16000 which is unfair. And even if i am willing to take this decision and last day be end of January, what if they reject the visa. Then i am without job, without visa and life and career is ruined. I believe is it is not done till it is stamped. But loosing $16000, this is my 7 months of expenses cover for Canada if I dont get a job.

Send in the proof of resignation letter and the end date of your contract. Advise them that your residency will be cancelled upon the end date and that since you are still working, you cannot legally cancel your residency and benefits until your contract is completed. They just want to see proof that you really do intend to settle in Canada upon receiving PR. By the way, you should also consider when your medical was done. It is only good for a year from the date it was completed. Any visa you receive for Canada will expire at the time the medical expires.

 

[marf]

THanks Rejessome,
The Visa will expire October 2011 because that is the month in 2010 i had medicals done.
The option i see is explain them the situation clearly and take it from there.
We are off course wanting to move to Canada, but i think this restriction of cancelling residency should not be before issuing a visa. It would be better if they had such a check at the canadian immigration dept at the airport where they verify the residency is cancelled.
Will update in a weeks time or any update received.

 

[marf]

All,

Really unfortunate that i was praying i would some kind of a reply from the embassy after sending them email that it was difficult to get the proof within the given time frame and with all necessary justification. This was sent on 9th Jan 2011.
The reason i say unfortunate is because i was in a meeting this morning and when i came back i see a couple of missed calls from 971 number. I called back and came to know it was from the canadian embassy in Abu dhabi. Was trying to get in touch with the operator but no response and after 10 minutes the answer was the embassy is closed.
WIll try tomorrow again.
However, anyone with any answer on why would they call. I am sponsoring my wife, no interview was required. Have my heart beating like never before.
Could they call to say it is rejected because i have only 19 days left to send the documents while i am asking for another 3 months.
Why would they call????

 

[rjessome]

All,

Really unfortunate that i was praying i would some kind of a reply from the embassy after sending them email that it was difficult to get the proof within the given time frame and with all necessary justification. This was sent on 9th Jan 2011.
The reason i say unfortunate is because i was in a meeting this morning and when i came back i see a couple of missed calls from 971 number. I called back and came to know it was from the canadian embassy in Abu dhabi. Was trying to get in touch with the operator but no response and after 10 minutes the answer was the embassy is closed.
WIll try tomorrow again.
However, anyone with any answer on why would they call. I am sponsoring my wife, no interview was required. Have my heart beating like never before.
Could they call to say it is rejected because i have only 19 days left to send the documents while i am asking for another 3 months.
Why would they call????

Did you send "proof" of the resignation and contract end date or just an email stating all of this? If it was just an email they could be looking for proof like a copy of everything. If you did send proof, perhaps they have other questions that they need answered or require something else. OR, it could be that they are calling to advise you that the passport is ready to be returned to you. The fact that they are calling you is a good thing because if nothing else, they are working on your file and want to advise you of whatever is happening. Very doubtful they would call you to say something is refused. That normally comes in the form of a letter. Keep your chin up and stay glued to your phone tomorrow. Let us know what happens.

 

[RobsLuv]

Marf - Without seeing the actual request from the embassy, it's hard to tell for sure but it sounds to me (and to rjessome - who is a certified immigration consultant) that they are not asking for you to be done with your job and ready to move to Canada by February 20. They just want you to submit proof to them, before February 20, that you have quit your job and have made plans to move back to Canada. I don't see any reason why that is not possible for you to do as you said, "i have already resigned on 3rd January for the company asking to complete 3 full months . . . " So there is no need for you to leave Kuwait by Feb 20th - just for you to submit proof before Feb 20th to the embassy that you have quit your job. But sending the embassy an email explaining how you can't leave by Feb 20th because you will have to give the company $16,000 is NOT submitting proof that you are complying with the requirement that you return and settle in Canada with your sponsored family member. It's important that you understand the difference or you could mess this whole thing up for yourselves. What they are asking of you is not unfair - actually, they're being quite reasonable because many embassies require proof that the sponsor has already severed all ties before they will even finalize the PR application. Abu Dhabi has told you that they are ready to issue your wife's visa - but they are asking that you demonstrate that you have notified your employer that you will be leaving Kuwait to go back to Canada. They simply want proof, by February 20th, that you have done that. Since your wife's COPR and visa will be valid until October, it appears to me that you can leave for Canada when your contract is finalized in April.

If you would like further confirmation, assuming the letter you received is in English, you can scan it and send it to me to have a look. (Rjessome would probably offer the same, but I can't speak for her.)

 

[missmini]

i think they simply need proof that u will actually return to Canada with the one u sponsored, as u said u will; if u send a copy of ur resignation letter signed by you and ur company, and a confirmation from ur company that u r doing the last 3 months with them and soon they start the procedures for canceling ur residency maybe it's enough

don't worry, i'm sure they didn't call u to refuse anything; just think with clear mind and look from their perspective too; if u r keeping ur residency in Kuwait how can u guarantee them that u move back to Canada? don't blame me for my words, soon i'll probably be in your position because i'm also outside Canada, residing in Gulf and sponsoring my partner

also, until Feb 20th it's still plenty of time to send anything they want; just make sure that u email, fax them and ask for confirmation that they receive them

best of luck!! u r almost there

 

[marf]

Thank you all.
Just received an email letter from them a week ago extending the deadline now to April 15, 2011 to send in all required documents.
WHEW...
Time to prepare all documents and send 5 days before the deadline.
Thanks again to all. It is really encouraging that people who had their immigrations done, still contributing here in these forums.

 

[marf]

Hello everyone,
Just sent the passport and required documents today. 10th April, 2011.
10 working days to take a decision and couple of days to send the passport....
TICK TOCK TICK TOCK....

 

[missmini]

??? not everyone had their immigration done!! mine just starting ??? but glad it worked well for u thanks for updating us and sharing ur experience!!

hope u'll start ur live together in Canada very soon!! good luck!!