Sooo confused with process, can you guide me through?

[mashi]

Hello all, newbie here. LOTS of questions. My husband and I have been through the PR process when he sponsored me to the UK and it was so simple compared to this!

Backgd:

* I left Canada in 2002 to travel for a year, met my husband and have lived abroad since
* Travelled until 2006, got "probation" PR to UK in 2006 (standard) and Perm Res in UK in 2008
* Our child was born in 2008, we married in 2009 (oops!)
* Moved to Germany in 2009 for my husband's work, so are temporary residents here
* Wish to move home within the next 6 months (Ya right!)

Question:
My son is fully entitled to his Canadian citizenship by me being born a Cdn citizen, he currently only has his UK citizenship and passport. (Let me know if this is best posted on the citizenship forum?) Do I need to get his citizenship FIRST (takes 10-12 months) or if not, then do I have to include him on the PR application - seems odd because he's Cdn, but yet no Cdn passport so would enter as a Brit kwim? Or do I apply for his citizenship and then NOT include him on the PR forms but when we enter Canada ask for a facilitation visa for him?

Question:
I have been told by a friend who went through PR that I can apply either through the German office (Berlin) because that is where we are currently resident OR I can apply through the UK office (London) because that is where my husband is a citizen. Is this true? Can anyone link me to the CIC website where it says this, as I can't find it at all!!

Question
I suspect I'll have some difficulty with proving intent to return to Canada, being that we have lived in 4 countries in 7 years...how do most people normally do this? It's that typical situation of needing a home, job, and so on to prove I'm returning, but can't get any of those until I know when I am returning. CIC can't be totally unreasonabble (can they?!) - so how do most people demonstrate they are returning to Canada?

Question
Am I correct that essentially in the first part of the process they will check me out and decide if I can sponsor him, and then notify me of the decision...and if it is a no, we will get our money back (minus $75 ). If it is a yes, they will continue to process my husband for PR. Is that correct, or do they do both at once? If a sponsor is approved as a sponsor, is it "more or less" standard that unless the PR applicant has a dodgy background, they will be approved?

Question
Friend mentioned above moved home with her spouse to Canada while in the midst of their PR process. They arrived in Canada, they told the officer at Pearson he was in the midst of applying for PR, officer looked it up and said yes, stamped him with a tourist and they called CIC and changed their address to Canada. He then had to send his pport to visa office in UK to get his visa and do the run to Buffalo to re-enter Canada. What I don't understand is do you then still qualify to be processed outside of Canada when you moved into Canada halfway through the process? How would I know that we could do this? Is it a case of once I am approved as a sponsor, we know that he will get PR within a matter of time so we can move over now? I find this one so confusing! Also, within that, if it nears the end of his 6 months and we've not heard, is this a case where you can apply to extend a tourist visa?

Question:
When married, is a marriage cert enough, or do we have to prove any sort of length of relationship. We were not married when we applied for my PR in the UK so everything we had to prove our relationship was KEPT by the UK immi officer so we're pretty shorton anything pre-2008!

Last question (for now!)
We are debating signing him up for a college course at our local college, so that we can just get him in on a Student Visa and then do PR from inside of Can. Those with experience -- is your first reaction that's a bad idea or a good idea? LOL

Thanks for your help - I've trawled through these boards and can see a lot of work and dedication by a lot of people, and will do my best to help out as a member when and where I am able.

Cheers, mashi

 

[Swede]

Hello all, newbie here. LOTS of questions. My husband and I have been through the PR process when he sponsored me to the UK and it was so simple compared to this!

Backgd:

* I left Canada in 2002 to travel for a year, met my husband and have lived abroad since
* Travelled until 2006, got "probation" PR to UK in 2006 (standard) and Perm Res in UK in 2008
* Our child was born in 2008, we married in 2009 (oops!)
* Moved to Germany in 2009 for my husband's work, so are temporary residents here
* Wish to move home within the next 6 months (Ya right!)

Question:
My son is fully entitled to his Canadian citizenship by me being born a Cdn citizen, he currently only has his UK citizenship and passport. (Let me know if this is best posted on the citizenship forum?) Do I need to get his citizenship FIRST (takes 10-12 months) or if not, then do I have to include him on the PR application - seems odd because he's Cdn, but yet no Cdn passport so would enter as a Brit kwim? Or do I apply for his citizenship and then NOT include him on the PR forms but when we enter Canada ask for a facilitation visa for him?

I can't say that I know, but my guess is that the CIC should be ok with birth certificates for you and your son to prove that he's eligible for citizenship and as such doesn't have to be included on his father's application.

Question:
I have been told by a friend who went through PR that I can apply either through the German office (Berlin) because that is where we are currently resident OR I can apply through the UK office (London) because that is where my husband is a citizen. Is this true? Can anyone link me to the CIC website where it says this, as I can't find it at all!!

You can apply through Berlin if your husband has been residing there legally for more than 1 year. London is faster though, so you're better off having your application processed there.

Question
I suspect I'll have some difficulty with proving intent to return to Canada, being that we have lived in 4 countries in 7 years...how do most people normally do this? It's that typical situation of needing a home, job, and so on to prove I'm returning, but can't get any of those until I know when I am returning. CIC can't be totally unreasonabble (can they?!) - so how do most people demonstrate they are returning to Canada?

You have to prove, somehow, that you intend to return to Canada. Showing a job offer, an apartment lease or something similar is helpful, but I've read about cases here where the sponsor has just written a letter about the situation, explaining it in full.

Question
Am I correct that essentially in the first part of the process they will check me out and decide if I can sponsor him, and then notify me of the decision...and if it is a no, we will get our money back (minus $75 ). If it is a yes, they will continue to process my husband for PR. Is that correct, or do they do both at once? If a sponsor is approved as a sponsor, is it "more or less" standard that unless the PR applicant has a dodgy background, they will be approved?

You will send the whole application to Mississauga, where the application to sponsor will be evaluated. When it has been approved, the case will be forwarded to wherever the PR application will be processed, e.g. London, UK. If the application is rejected you can choose beforehand to get your money (minus $75) back. There are numerous reasons why applications take more time than necessary or get rejected outright, but if neither of you have anything in your past that look "suspicious" you'll be just fine. The biggest obstacle is usually proving that your relationship is sincere and lasting, but being having a history of eight years together including a child and a marriage I can't see how that will be an issue for you.

Question
Friend mentioned above moved home with her spouse to Canada while in the midst of their PR process. They arrived in Canada, they told the officer at Pearson he was in the midst of applying for PR, officer looked it up and said yes, stamped him with a tourist and they called CIC and changed their address to Canada. He then had to send his pport to visa office in UK to get his visa and do the run to Buffalo to re-enter Canada. What I don't understand is do you then still qualify to be processed outside of Canada when you moved into Canada halfway through the process? How would I know that we could do this? Is it a case of once I am approved as a sponsor, we know that he will get PR within a matter of time so we can move over now? I find this one so confusing! Also, within that, if it nears the end of his 6 months and we've not heard, is this a case where you can apply to extend a tourist visa?

This is almost exactly what I'm going through at the moment. It's up to the immigration officer to decide whether your husband should be let in or not, but usually that's not an issue. Bringing receipts of your application fees can help out if you feel worried. The longest visiting visa you can get is six months, but you can renew it if you wish. The renewal application has to be sent no later than one month before the expiry date though. While the renewal application is being processed, you can stay in the country under "implied status". Applying outside Canada means that the application is being processed outside of the country and nothing else, so you can come and go to Canada as you otherwise would. Everyone asks this question, though, so it's only natural for you to feel confused.

Question:
When married, is a marriage cert enough, or do we have to prove any sort of length of relationship. We were not married when we applied for my PR in the UK so everything we had to prove our relationship was KEPT by the UK immi officer so we're pretty shorton anything pre-2008!

They will ask you to provide evidence of your history together, but you can obviously not send them more than what you have. If you just explain the situation I'm sure they'll be ok, though.

Last question (for now!)
We are debating signing him up for a college course at our local college, so that we can just get him in on a Student Visa and then do PR from inside of Can. Those with experience -- is your first reaction that's a bad idea or a good idea? LOL

Thanks for your help - I've trawled through these boards and can see a lot of work and dedication by a lot of people, and will do my best to help out as a member when and where I am able.

Cheers, mashi

You can definitely enrol him at a college and apply while living in Canada, but it's still advisable to send your application to London, UK. Applying inland is a very slow process and in most cases the people you'd meet here would recommend against it.


That being said, good luck!

 

[mitamata]

[quote author=mashi]
Question:
My son is fully entitled to his Canadian citizenship by me being born a Cdn citizen, he currently only has his UK citizenship and passport. (Let me know if this is best posted on the citizenship forum?) Do I need to get his citizenship FIRST (takes 10-12 months) or if not, then do I have to include him on the PR application - seems odd because he's Cdn, but yet no Cdn passport so would enter as a Brit kwim? Or do I apply for his citizenship and then NOT include him on the PR forms but when we enter Canada ask for a facilitation visa for him?
[/quote]
In order to be sponsored, one has to NOT be a citizen. Since your son is a citizen (even if you don't have the proof of it yet), he can't be sponsored.

[quote author=mashi]
Question:
I have been told by a friend who went through PR that I can apply either through the German office (Berlin) because that is where we are currently resident OR I can apply through the UK office (London) because that is where my husband is a citizen. Is this true? Can anyone link me to the CIC website where it says this, as I can't find it at all!!
[/quote]
http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf - page 19
Also: http://www.cic.gc.ca/english/information/applications/fc.asp I suggest you read both of the guides
You can opt to have it sponsored in Berlin if your husband has been lawfully admitted to Germany for at least one year. Meaning he hasn't lived there a full year yet, but he's allowed to do so. But, as Swede said, London is generally faster, so you're better off with that anyway.


[quote author=mashi]
Question
I suspect I'll have some difficulty with proving intent to return to Canada, being that we have lived in 4 countries in 7 years...how do most people normally do this? It's that typical situation of needing a home, job, and so on to prove I'm returning, but can't get any of those until I know when I am returning. CIC can't be totally unreasonabble (can they?!) - so how do most people demonstrate they are returning to Canada?
[/quote]
Most times, they are quite reasonable. Sometimes they can be a bit annoying about it though. It's ridiculous, you're expected to start preparing to move before they even tell you if you'll be allowed to do so >_<
People include all sorts of things. The strongest evidence is a job offer in Canada (if you can't get one, you can also send in evidence you've been trying to find one), showing they own a home in Canada (if you start looking for one but don't have it yet, you can show your attempts to get it), showing they or spouse are enrolled in a college in Canada. You can also include letters from family or friends who know about your plans to move and if anyone has offered to let you stay with them, by all means include that as well. You can also show evidence that you're preparing to leave the country you live in now - showing you're selling your house, a letter from your employer saying they know you're intending to leave, a similar letter from a landlord, ...

[quote author=mashi]
Question
Am I correct that essentially in the first part of the process they will check me out and decide if I can sponsor him, and then notify me of the decision...and if it is a no, we will get our money back (minus $75 ). If it is a yes, they will continue to process my husband for PR. Is that correct, or do they do both at once? If a sponsor is approved as a sponsor, is it "more or less" standard that unless the PR applicant has a dodgy background, they will be approved?
[/quote]
Mississauga first checks the sponsor - the sponsorship is almost always approved as there aren't many requirements (just don't be bankrupt or on social assistance). After the approval, the app is sent to the visa office where they do your husband's part.
One thing to note: the evidence that you intend to move is reviewed by the visa office. So even if your sponsorship is approved in Mississauga, you could still be denied the visa if they feel you don't intend to move to Canada. Before that would happen though, they would ask you for more evidence to move or possibly ask for an interview, so I'm sure you'd get to convince them.


[quote author=mashi]
Question
Friend mentioned above moved home with her spouse to Canada while in the midst of their PR process. They arrived in Canada, they told the officer at Pearson he was in the midst of applying for PR, officer looked it up and said yes, stamped him with a tourist and they called CIC and changed their address to Canada. He then had to send his pport to visa office in UK to get his visa and do the run to Buffalo to re-enter Canada. What I don't understand is do you then still qualify to be processed outside of Canada when you moved into Canada halfway through the process? How would I know that we could do this? Is it a case of once I am approved as a sponsor, we know that he will get PR within a matter of time so we can move over now? I find this one so confusing! Also, within that, if it nears the end of his 6 months and we've not heard, is this a case where you can apply to extend a tourist visa?
[/quote]
You can apply to extend the visitor status, yes.
Everybody is entitled to have their application processed by their home visa office, at any point. Even if you're in Canada for years before that. If you apply 'in Canada', then the applicant has to actually live in Canada. But 'outside Canada' just means that it's processed outside of Canada, namely in the visa office.
Technically, if your family shows up the airport with all your possessions in tow, your husband could be denied entry because the officer might feel he intends to stay in Canada illegally. But that is a very rare occurrence, so I think if you do as Swede suggested, you'll be fine.

[quote author=mashi]
Question:
When married, is a marriage cert enough, or do we have to prove any sort of length of relationship. We were not married when we applied for my PR in the UK so everything we had to prove our relationship was KEPT by the UK immi officer so we're pretty shorton anything pre-2008!
[/quote]
The marriage certificate is enough to prove that you are married. However, you will need more to show that you are in a genuine relationship. With as much history as you have, I doubt it will be an issue. You don't have to prove everything from the start, you can focus on the more recent things if you don't have the old evidence. Show you're living together (rent agreements in both your names perhaps, mail addressed to either of you at the same address), send some photos of you two together (a couple wedding pictures, pics with your son, pics from early on in the relationship, pics from trips you took together, pics with each others family...), ... If you have something that proves that your husband sponsored you to the UK (or anything similar, not sure how it works in the UK), I'm sure you can use that as well.

[quote author=mashi]
Last question (for now!)
We are debating signing him up for a college course at our local college, so that we can just get him in on a Student Visa and then do PR from inside of Can. Those with experience -- is your first reaction that's a bad idea or a good idea? LOL
[/quote]
In your case, it probably wouldn't make much of a difference as you have a solid, long relationship and it's unlikely you'll need an interview. You'd probably be done in a year. However, personally, I'd still recommend applying through the UK. If something goes wrong, inland applications can take a long time (people have waited for years because their local CIC office is too busy to actually deal with their application in a timely manner). And if for whatever reason the applicant leaves Canada and is unable to return (I can't imagine that would happen in your case, but still) the application is lost because you no longer qualify as 'in Canada' and you have to start over again.
One thing though... if you sign him up for college, that's a good way to show you're intending to move to Canada

 

[mashi]

Thanks mitamata. Lots more info there for me. REALLY appreciate it!!! Guess I'd better start applying for jobs that I have no intention of getting, so that I can get some rejection letters <rolling eyes>.

If you pop back on here, to save the hassle of a new thread, what is your thought on this one...

First page, it asks for the sponsor's parents names (and bit of info about them). I have a biological father I've not seen in 24 years, and a step father, who did not legally adopt me. I do not know an address or even a city for my biological father, and heaven forbid they want this info to do any "checks" on my family, lord only knows what they may find out about my bio father that I have no clue about. But, my step father did not legally adopt me....so which father do I put down? Any idea? Also, my mother is dead, so it leaves only one parent -- a "not really my father father" or a "man whom I do not know father" KWIM?

Next question -- I am a stay at home mother, and have been for 2 years now. None of the forms as my husband's current income, only mine. I have NONE. Haven't for a few years now as I quite my job to sit on bed rest for a complicated pregnancy and thus have been off of work since early 2008. Over 2 years now. Our application looks then, like we live on $0 !!! Does CIC accept letters attached to your application to note this? Or is the deal that stay at home parents can't sponsor their spouses because they have no income?

Ugh.

 

[Rabbit01]

Quote from: mashi
Question
Friend mentioned above moved home with her spouse to Canada while in the midst of their PR process. They arrived in Canada, they told the officer at Pearson he was in the midst of applying for PR, officer looked it up and said yes, stamped him with a tourist and they called CIC and changed their address to Canada. He then had to send his pport to visa office in UK to get his visa and do the run to Buffalo to re-enter Canada. What I don't understand is do you then still qualify to be processed outside of Canada when you moved into Canada halfway through the process? How would I know that we could do this? Is it a case of once I am approved as a sponsor, we know that he will get PR within a matter of time so we can move over now? I find this one so confusing! Also, within that, if it nears the end of his 6 months and we've not heard, is this a case where you can apply to extend a tourist visa?

Quote from: mitamata
You can apply to extend the visitor status, yes.
Everybody is entitled to have their application processed by their home visa office, at any point. Even if you're in Canada for years before that. If you apply 'in Canada', then the applicant has to actually live in Canada. But 'outside Canada' just means that it's processed outside of Canada, namely in the visa office.
Technically, if your family shows up the airport with all your possessions in tow, your husband could be denied entry because the officer might feel he intends to stay in Canada illegally. But that is a very rare occurrence, so I think if you do as Swede suggested, you'll be fine.

Quote from: Swede
This is almost exactly what I'm going through at the moment. It's up to the immigration officer to decide whether your husband should be let in or not, but usually that's not an issue. Bringing receipts of your application fees can help out if you feel worried. The longest visiting visa you can get is six months, but you can renew it if you wish. The renewal application has to be sent no later than one month before the expiry date though. While the renewal application is being processed, you can stay in the country under "implied status". Applying outside Canada means that the application is being processed outside of the country and nothing else, so you can come and go to Canada as you otherwise would. Everyone asks this question, though, so it's only natural for you to feel confused.


Does this apply to all applications? My wife is Thai. Before we were married, we applied for a TRV twice. We were denied both times, as the Immigration Officer did not believe that she would leave at the end of the visa term. I would think they would still have this concern, especially now that we are married. We tried to schedule an interview with the officer so that we could press our case, but no one at the Embassy was interested. Does your previous advice only relate to citizens from countries where travel visas are a formality, or would it also apply to those travellers who need a visa before entering Canada?

Thanks!