Sponsoring an Indonesian - PR

[princesultan]

Hello everyone,

My fiancee and I are thinking about getting married in the VERY near future in order so be able to sponsor her for PR. I am Canadian, she is Indonesian.

Right now we are living together in Quebec. She has gone to school here and worked here. At the moment she's looking for another job and is about to send in another LMO in order to get an updated work permit.

We will likely go back to Indonesia for about a month in summer 2013.

Is there a problem applying for a PR given the facts I stated above? Should we go the outland or inland route? Does working and/or applying for an LMO/work permit complicate the PR process at all?

Any other suggestions?

Thanks!

 

[princesultan]

bump!

 

[goodman36]

Hello everyone,

My fiancee and I are thinking about getting married in the VERY near future in order so be able to sponsor her for PR. I am Canadian, she is Indonesian.

Right now we are living together in Quebec. She has gone to school here and worked here. At the moment she's looking for another job and is about to send in another LMO in order to get an updated work permit.

We will likely go back to Indonesia for about a month in summer 2013.

Is there a problem applying for a PR given the facts I stated above? Should we go the outland or inland route? Does working and/or applying for an LMO/work permit complicate the PR process at all?

Any other suggestions?

Thanks!

You are not clear about what process for PR application you want to take. Right now you are not married yet. You can't apply for as a spouse till you are married.

So, do you want to apply as conjugal partner? If so then please read the threads in this forum about what you need to prove for applying as conjugal partner. Also, you can visit cic.gc.ca to check their guides about applying as conjugal partner.

 

[goodman36]

Also, if she is eligible about applying independently under skilled category then she can do so, but I am not sure whether that category is open now. Please note that, since she is here, she has to maintain her visa status regardless of what catergory you apply for her PR. If you apply for her as conjugal partner, that does not automatically grant her permission to stay here, unless she has a work permit or something like that.

 

[princesultan]

sorry, i'm saying that we would get married and then apply for PR, therefore as a spousal application. so basically, my original question still applies and assume that we will be married by the time we send out the PR application.

hoping you can give me clarity on the questions above.

thanks!

 

[goodman36]

May be I am not understanding your question.

If you wish to apply after your marriage, then you have to wait after you get married.

If she applies as an independent skilled worker (if that category is open and available) or by any other process, then that process has it's own requirements.

Hope you are clear on that.

As I said before, since you are living with her here, you can decide to apply as conjugal partner. Please check this forum for 'Conjugal Partner' topic and you will get plenty of information.

 

[princesultan]

Ok, let me rephrase my question entirely.

My fiancee and I will get married. She will apply for PR AFTER we are married.

She is looking for work at the moment and has an employer willing to send out her LMO. We are also planning to leave Canada summer 2013 for about a month.

Given that there will be 2 different applications being sent out around the same time and processing at around the same time (LMO/work permit application + PR application), is this a problem? Is it possible to send out both applications around the same time? Is 1 before the other preferable? Is his doable?

Also, since we will leave the country for about a month, from what i read I'm assuming we would need to do the outland application? For the outland application, can she be sending out LMO's and work permit applications? Or is she not allowed to look for work (or continue to work if she already has a job) while the PR application is sent out?

 

[OhCanadiana]

Hello and welcome

If I understand, you are going to get married very soon and want to sponsor your financée once she is your wife.

You have two options: you can apply for her outland or inland.
- If you apply outland, since she's Indonesian she will apply through the Singapore Visa Office (per http://www.cic.gc.ca/english/information/offices/apply-where.asp). That would take up to 24 months for approval (3 months for step 1 at CPC-M and for step 2 Singapore processes 80% of applications in 21 months). As comparison, the fastest 20% of cases in 2011 were approved in 8 months for step 2 so the fastest would be about 11 months if you are very lucky. Applying outland means she can travel in and out of Canada (as long as she has a valid visa to get back in to Canada) and you retain the right to appeal if needed. However, if they request an inteview, she would have to travel back to Indonesia.
The outland application forms and instructions are at http://www.cic.gc.ca/english/information/applications/fc.asp

- Applying inland takes about 19 months (see http://www.cic.gc.ca/english/information/times/perm-fc.asp). However, you really shouldn't travel out of Canada during the process - so taking your planned trip to Indonesia would be risky (if you do and can't make it back in to Canada, the application will be considered abandoned and you would need to start over outland from scratch). The inland application forms and instructions are at http://www.cic.gc.ca/english/information/applications/spouse.asp

Leon's first post has an overview of the process that you may also want to take a look at.

A few tips
- Start collecting proof of your relationship and police certificates now. You can prepare the whole package and just ship it after you get married.
- Do the medical exam as close as possible to submitting your application to minimize the chances you'll have to redo it (if your application is one of the faster ones)

Regarding the LMO, it is a separate process - shouldn't help or hurt the PR process.

Keep asking questions as you go through the process - welcome again

Good luck!
OhC

Hello everyone,

My fiancee and I are thinking about getting married in the VERY near future in order so be able to sponsor her for PR. I am Canadian, she is Indonesian.

Right now we are living together in Quebec. She has gone to school here and worked here. At the moment she's looking for another job and is about to send in another LMO in order to get an updated work permit.

We will likely go back to Indonesia for about a month in summer 2013.

Is there a problem applying for a PR given the facts I stated above? Should we go the outland or inland route? Does working and/or applying for an LMO/work permit complicate the PR process at all?

Any other suggestions?

Thanks!

 

[princesultan]

excellent! thanks. i think i'm leaning towards the outland option.

i di read somewhere that looking for work or applying for work permit etc is not possible once a PR application is submitted, but then again, this is something i read on the internet, so it may or may not be true.

edit: oh, and another thing, the fact that we're in quebec, is there a different PR application or process? or is it the same as the Canada one?

 

[OhCanadiana]

excellent! thanks. i think i'm leaning towards the outland option.

i di read somewhere that looking for work or applying for work permit etc is not possible once a PR application is submitted, but then again, this is something i read on the internet, so it may or may not be true.

edit: oh, and another thing, the fact that we're in quebec, is there a different PR application or process? or is it the same as the Canada one?

Quebec has an additional step for spousal sponsorship. For outland, you'll need to submit the same application and then submit a Quebec undertaking (MICC undertaking) after step 1 approval. See http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob295A.asp for instructions.

I'm not familiar with the specifics of Quebec to speak about possible limitations on getting a CSQ while a PR application is in process (or vice-versa). However, take a look at the instructions at http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob420.asp - depending on the specifics of your fiancee's case, she may be able to get her work permit extended without an LMO.

 

[princesultan]

well she's looking for a new job as she was laid off, so her current work permit is tied to the old employer. as such, she has found a new employer who is willing to send out a new LMO and work permit.

here are the applications steps off the quebec website:
1 - canada pr application
2 - quebec undertaking application
3 - csq application

i really just want to make sure that her looking for work and sending out LMO's & work permit applications won't complicate the PR process. that's my main concern.

edit: i'm also concerned about her not being able to get a visa extension if we do an outland applicaiton. is this a real concern?

 

[princesultan]

sorry to be rude, but bump for questions in my last post.

 

[fandv]

However, you really shouldn't travel out of Canada during the process - so taking your planned trip to Indonesia would be risky (if you do and can't make it back in to Canada, the application will be considered abandoned and you would need to start over outland from scratch). The inland application forms and instructions are at http://www.cic.gc.ca/english/information/applications/spouse.asp

Hi OhCanadiana!

Just wondering: why would princesultan not be able to make it back to Canada? Since he's a Canadian citizen, I thought he can go in and out of Canada anytime he likes...?

 

[OhCanadiana]

Hi OhCanadiana!

Just wondering: why would princesultan not be able to make it back to Canada? Since he's a Canadian citizen, I thought he can go in and out of Canada anytime he likes...?

The Canadian citizen can travel in and out.

In the section you quoted I was describing inland applications. It is risky for an inland applicant to travel out of Canada because if they are not readmitted, the application is considered abandoned and you need to start over from zero with an outland application. Therefore, since he and his wife have a trip planned to Indonesia (together) in one year and an inland application would not likely be completed, taking the trip would be risky. He would avoid that risk applying outland.

 

[fandv]

The Canadian citizen can travel in and out.

In the section you quoted I was describing inland applications. It is risky for an inland applicant to travel out of Canada because if they are not readmitted, the application is considered abandoned and you need to start over from zero with an outland application. Therefore, since he and his wife have a trip planned to Indonesia (together) in one year and an inland application would not likely be completed, taking the trip would be risky. He would avoid that risk applying outland.

Ohhhh I see! So you meant, the risk of him being readmitted to Canada (obviously, being a Canadian), but not his wife right? Then yeah, a real problem...!!