Sponsorship application. Help needed to DIVIDE AND CONQUER.

[Mirna Lola]

So I have been in Canada for almost 2 years now (September 25th 2011) I came as a visitor and was given 2 extensions. A 6 month one and then a 13 month one (applied for an extension as my visa was expiring in August 2012 and got granted till September 30th 2013) . I know very well how fortunate I am to be granted two years on visitors but I have every reason to believe my second one was granted simply cause I said we (my boyfriend of almost 3 years and my self) want to apply for sponsorship. We have been living together for almost 2 years so we qualify for common law but I am not entirely sure how to proceed with sponsorship application. I know there are some very experienced members on this forum so I am asking for help since this is all so very confusing.

My questions are :
-Do we need to officially declare common-law prior to applying or will proof like lease,joint banking account,letters from families,photos and such be enough?

- He is a student and is currently on OSAP. Will he be qualified to sponsor me or is OSAP seen as social/government assistance?

-I have seen on CIC that I could qualify for working permit as I am common-law spouse of a student however it is unclear does that goes only for foreign citizens that hold a study permit or does the same apply for plain ol' Canadian citizens?

- Can I apply for open working permit in the same package?

- Should I make in inland or outside Canada? (I have been told by CIC agent that I can sent it to an office outside Canada and it will be processed as such even though I am currently residing in Canada.

Last but not least how much will the whole thing cost? I did check on the CIC site but have a hard time making sense out of that.

Everyone's opinion and advice is more then welcome since I have done everything "by the book" so far and would like to avoid status restorations, rejected visas and such.

Thank you, Mirna.

 

[Rob_TO]

-Do we need to officially declare common-law prior to applying or will proof like lease,joint banking account,letters from families,photos and such be enough?

No, you are already common-law whether you declare it or not. What specific date did you begin living together? If it was before Jan 1, 2012, then your bf should have claimed you as common-law spouse on his 2012 taxes since you would have become common law in the 2012 tax year. Common-law is not a choice, it's fact based after living together 12 consecutive months.

So your lease, bank accounts, letter etc should be fine for PR application purposes.

- He is a student and is currently on OSAP. Will he be qualified to sponsor me or is OSAP seen as social/government assistance?

OSAP is a loan you have to pay back, so not counted as assistance for PR purposes. You will just need to explain in the PR app how you intend to support yourselves after becoming a PR.

- Can I apply for open working permit in the same package?

Only if you apply inland, then you would get OWP after first stage sponsor approval (i think around 8 months)

- Should I make in inland or outside Canada? (I have been told by CIC agent that I can sent it to an office outside Canada and it will be processed as such even though I am currently residing in Canada.

There are pros and cons to each. Read the very first thread in this forum. Also it would help if you told what country you're from.

Last but not least how much will the whole thing cost? I did check on the CIC site but have a hard time making sense out of that.

For the app, medicals, photos, certificates etc you need to get... you're looking at around $1500 (give or take)

 

[canuck_in_uk]

-I have seen on CIC that I could qualify for working permit as I am common-law spouse of a student however it is unclear does that goes only for foreign citizens that hold a study permit or does the same apply for plain ol' Canadian citizens?

Rob_TO covered it everything pretty well but missed this one .

Answer: this only applies to spouses of temporary residents. The spouses of Canadian citizens and PRs have to go down the sponsorship route.

 

[Mirna Lola]

Oh well that just sucks. Lol. Truthfully though, im having panic attacks as I have 2,5 months to send it off and I have no idea where to start,what to do first,who to call or where to turn.

 

[Rob_TO]

Oh well that just sucks. Lol. Truthfully though, im having panic attacks as I have 2,5 months to send it off and I have no idea where to start,what to do first,who to call or where to turn.

What country are you from?

 

[Mirna Lola]

Also Rob_TO- I am from Croatia- visa granted on port of entry. Croatia just became member of EU (for what is worth lol. )

So there is no way I can apply for open working permit if I send it to outside Canada office??


I'll take it pros of inland are -OWP, cons are-longer waiting period and pros for outside are shorter wait but no OWP??

 

[Mirna Lola]

For the app, medicals, photos, certificates etc you need to get... you're looking at around $1500 (give or take)

Certificates?? What kind of certificates are we talking about? Also do you have any idea what kind of reasons would they have to deny you based on medical?? I mean im pretty healthy, nothing contagious but I do have some health issues.

 

[Rob_TO]

Also Rob_TO- I am from Croatia- visa granted on port of entry. Croatia just became member of EU (for what is worth lol. )

So there is no way I can apply for open working permit if I send it to outside Canada office??


I'll take it pros of inland are -OWP, cons are-longer waiting period and pros for outside are shorter wait but no OWP??

Pretty much. With inland you get implied status meaning you can stay in Canada legally during the entire application processing. However you are also supposed to stay in Canada and not leave for any reason during the entire time which can take around 1.5 years.

With outland you would apply through Vienna office (responsible for Croatia). You should check the thread here dedicated to Vienna office to see what current average times are looking like. With outland, there is NO implied status or OWP. Basically you would need to renew your visitor status here, or apply for a student visa or something, if you want to stay here.

 

[Rob_TO]

Certificates?? What kind of certificates are we talking about? Also do you have any idea what kind of reasons would they have to deny you based on medical?? I mean im pretty healthy, nothing contagious but I do have some health issues.

You need police certificates from Croatia (and any other country you've lived in for 6 months or longer since turning 18). Plus if they're not in english you'll need certified translations which can add up in cost.

Don't worry about the medical exam. It's a mandatory requirement, but for spouse/partner class they are just checking you don't have any dangerous diseases like tuberculosis.

 

[Mirna Lola]

Well call me crazy but I think I used up all my browny points with nice visa officers and if I apply for another visitors extension I will get the boot.
I know about the "no travelling" thing with inland, how ever what if someone close to me (God forbid) gets seriously ill or dies?
Also if I apply through Vienna, does that not mean that my current visa is still implied as valid (as I have application in process) ??

 

[Mirna Lola]

Don't worry about the medical exam. It's a mandatory requirement, but for spouse/partner class they are just checking you don't have any dangerous diseases like tuberculosis.

Nothing dangerous or contagious however I do have asthma and am pretty much blind as a bat.

 

[Rob_TO]

Well call me crazy but I think I used up all my browny points with nice visa officers and if I apply for another visitors extension I will get the boot.
I know about the "no travelling" thing with inland, how ever what if someone close to me (God forbid) gets seriously ill or dies?

Sad to say but CIC doesn't care what the reason is.
HOWEVER since Croatia is visa-exempt to Canada, you could be able to travel there and back. As long as Canada lets you back in then there would be no issue to your inland application. The big risk is that if for any reason you were denied re-entry to Canada, the entire app is terminated and you would have to start from scratch again.

Also if I apply through Vienna, does that not mean that my current visa is still implied as valid (as I have application in process) ??

No. There is no implied status with outland application. If you applied to renew your visitor visa independently then i believe you would have implied status until the renewal decision was reached. But if it was rejected, you would have to leave Canada to wait out the application.
Some people have been able to get visitor visa extensions by telling the immigration officers they have a PR app in process, but i'm not sure the details here so others would need to advise how easy/hard this is for a visa-exempt applicant.

 

[Mirna Lola]

If I was to apply out land and ask for extension,get denied and then had to leave Canada wouldn't that mean that my PR is terminated? After all I did leave the country.
Im not sure if im making any sense?

If I apply inland and have to go home and get denied for re-entry my PR is void, how ever if I apply out land and get denied for extension I have to leave but my PR is still being processed??

 

[Sweden]

If I was to apply out land and ask for extension,get denied and then had to leave Canada wouldn't that mean that my PR is terminated? After all I did leave the country.
Im not sure if im making any sense?

If I apply inland and have to go home and get denied for re-entry my PR is void, how ever if I apply out land and get denied for extension I have to leave but my PR is still being processed??

If you apply outland, ask for extension and get denied, leave Canada, then your PR is not at risk - you did leave the country, as for outland application you can be anywhere, it doesn't matter - so your PR process would just go on as normal.

If you apply inland, go home and get denied entry, your application will be deemed abandoned as you were supposed to stay in Canada for the duration of the application (and the landing interview for inland is done in Canada, which you wouldn't be able to attend as you wouldn't be in the country anymore). If you leave Canada, it's your own decision, and thus CIC can not complete your application. You would have to start from scratch again, outland this time.

Does that make sense?

Nothing dangerous or contagious however I do have asthma and am pretty much blind as a bat.

Asthma and visions issues are not a problem for spouses. Medicals will be fine.
Sweden

 

[Sweden]

Well call me crazy but I think I used up all my browny points with nice visa officers and if I apply for another visitors extension I will get the boot.
I know about the "no travelling" thing with inland, how ever what if someone close to me (God forbid) gets seriously ill or dies?
Also if I apply through Vienna, does that not mean that my current visa is still implied as valid (as I have application in process) ??

Make sure that next time you apply for an extension ( if you choose outland), you add to your application the proofs that you have applied for PR, it's unlikely that you will get denied if you can show that you are serious about getting a PR status.