Sponsoring my common-law partner currently with a student visa

[tofuboi]

Hi There,

I want to thank everyone for this great forum. I think it has a wealth of information. I have one question I couldn't find the answer to.

To apply via inland sponsorship, does she have to switch her visa from student to visitor for the application to be valid or can she remain as a student visa? her current student visa expires Jan 2012.

Thanks

 

[fibud]

"You must have legal temporary resident status in Canada to remain in the country legally without the possibility of being removed. Having legal temporary resident status means you have a document issued by Citizenship and Immigration, which allows you to remain in Canada for the period of time specified on your visitor document (work permit, study permit) or on your temporary resident permit.

CIC will process your application for permanent residence on a first-come first-served basis. However, we receive large volumes of applications for permanent residence and cannot guarantee that all processing procedures will be completed before your temporary resident status as a visitor, worker, student or permit holder expires."

You can apply inland - but I would recommend you apply outland through Buffalo, USA as your spouse's current status was issued for more than 1 year and the Buffalo visa office is much faster (6-8 months)than the inland process (12-18 months). Also, if you apply inland and the application is refused for any reason, you hold no right to appeal the decision!
some general FAQs answered for inland vs. outland are here: http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq12.asp

Outland guide and forms can be found: http://www.cic.gc.ca/english/information/applications/fc.asp

My common-law partner is also currently a student in Canada and so far the process is going well through Buffalo!

GL!

 

[chrisdalop]

Common Law Affidavits

I will be submitting Common Law affidavits from friends and neighbors? Is it a requirement to furnish the visa office the contact numbers of my friends and neighbors certifying our relationship? Or 2 valid ID's of friends and neighbors with their signature in the ID already enough?

Seniors please reply? I need feedback ASAP. I will be submitting my full documents tomorrow.

Thank you and God Bless!

 

[tofuboi]

You can apply inland - but I would recommend you apply outland through Buffalo, USA as your spouse's current status was issued for more than 1 year and the Buffalo visa office is much faster (6-8 months)than the inland process (12-18 months). Also, if you apply inland and the application is refused for any reason, you hold no right to appeal the decision!

Hmm, how does that work?
I'm not sure we can do that because her country of origin is Hong Kong, and USA requires a vistor visa for her to enter USA incase we ever need to go down to the visa office. Does that make sence?

Thanks

 

[fibud]

tofuboi - that makes complete sense as IF an interview is required she would have to attend the interview in the USA. perhaps she can look into applying for a multiple entry visa for USA - or you can take comfort that although the inland process is longer, there will be no hassel of leaving the country until the PR is approved.

chrisdalop - it is not required to provide ID or contact information about those writting letters about your relationship. if your letters are signed it will suffice - and if you have had them notarized/certified you really do nto need to provide further contact information