Sponsorship from Outside Canada-how to show re-establisment in Can.?

[thaihubby]

My husband is Thai and we have an 11 month old daughter. He was refused a Visitor's Visa twice at the Can. Emb. in Bkk in 2007 when I was pregnant and again in March 2008. Both times the officers called me in the interview room and asked me questions and then told me to sponsor him. My background is that I have been teaching english in Asia for over 5 years. Both times that my husband applied I was unemployed due to the pregnancy (I had saved some money). I thought this was all so unfair because they were just assuming that my husband wanted to 'move' to Canada when in fact he and I just wanted to visit my parents and see if we would like to move permanently later. Now I'm in Canada with my daughter visiting my parents with a return ticket to Bkk in Dec.08. My question is: If I start teaching in Thailand, start the sponsorship process from outside Canada, how do I show intent to live in Canada i.e. job or registration in University without having to separate from my husband again? Is it possible for me to start the sponsorship process outside Canada and they allow the 3 of us to come to Canada together?? How can I find a job in Canada while I'm in Thailand?
Sorry it's so longwinded I'm kind of panicking, especially being here alone with my daughter and being so far from my husband. It is so terrible.





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[Regina]

Excuse me, I did not clearly understand your intentions.

You and your husband just wanted to visit your parents in Canada? Not to move into Canada?

Then he could be issued a visitor visa or not. He and you sould have strong ties in Asia to prove your intentions to go back there after you visited your parents in Canada. That is what immigration rules request.

 

[Regina]

However, if you want to move to Canada, then I do not see any other way but only , first, to move to Canada and find a job for you and then sponsor your husband as soon as you get your fisrt paycheque. You completely lost your ties with Canada after working 5 yrs abroad and you need to reestablish them again.

I do not see any other way for how you can prove your intention to stay in Canada with your husband for starting the process from abroad.
May be somebody else has other ideas.

 

[thaihubby]

It says on the sponsorship forms 'registration in University' as one of the ways to show re-establishment. Could I #1 Open up an a bank account in Canada now that I'm here for a visit, #2Save money while teaching in Thailand for a few years, while sending some back into that bank account. #3 Get accepted in Univ. in Canada, #4 Rent an apart. in Canada with admin. help from my family, #5 Apply to sponsor my husband from abroad, #6 The 3 of us move together to Canada?

 

[Leon]

Yes, I see no problem with that plan.

 

[thaihubby]

Wow, is it that simple? The last time my husband was refused by the Embassy in BKK, as I sat there crying sitting next to him holding our baby and talking to the officer behind the glass I said to the officer 'you are forcing our family into separation by telling me I have to sponsor him in order for him to be able to come to Canada and visit my family' and he replied 'you are going to have to separate at some point'. I just want to know if it is possible or not for me to sponsor him without having to separate again? My parents are elderly and I really want them to meet my husband and for us to have a proper marriage ceremony in Canada with them before it is too late.

 

[canthai]

thaihubby,
The only real option you have, if you don't want to be separated, is to stay in Thailand with your husband and start an outland (sponsor process through Canada and applicant process through Singapore) application by sponsoring him. This will be faster than an inland application (in Canada process for everything), that's if your husband could obtain a visitor visa. If he has been denied twice he will be denied again UNLESS his situation had extremely changed (amazing job with permission to leave/return, land/house, Thai kids that need him back in Thailand, etc.). Since the embassy in BKK has your information on file, they know you and they consider your husband's intention is to move to Canada to live with you and the li'l pooper and not come back. As silly as it sounds, this is NOT grounds for the embassy to give him a TRV. The reason for a TRV is for a temporary (time line) visit and then the person returns back to their home country.

Your husband would now fall under the permanent resident category as you and him have a family and you all will be wanting to fly back and forth to both Canada and Thailand. You will want, sooner or later, that freedom to visit/live in either country. So, you will have to start the whole grand process like the rest of us ...

You will have to sponsor your husband, just as the IO told you in BKK. Whatever information you gave them for the TRV's will have to be the same information for the PRV forms since you will have to include your denial letters in the PRV application. Add additional reasons as to why you were denied (i.e. didn't understand the process and was not prepared, emotional since it is a family issue, your husband's true intentions for the visit, etc.). When my spouse and I were denied the TRV the IO gave us all the proper forms for PRV and told us to get married.

Don't worry about a financial requirement. You can sponsor him if you are employed/unemployed/student UNLESS you are collecting social assistance (disability/welfare) from the Canadian government. If you have been living exclusively outside of Canada then you must show intentions to reside back in Canada once your husband receives his PRV. Proof such as a letter of employment (offer), land title or lease (shows where you plan to live), and that you will be traveling back with him once he is granted the PRV would also help.

Just curious, I have been told that if a MALE Canadian has kids outside of Canada that those kids have guaranteed Canadian status. BUT if it is a FEMALE Canadian, then there is more of a process to get the kid status. Is this true? You went back with your daughter without any problems at immigration?

Hope this helps!

canthai

 

[Leon]

I don't think the law makes any distinction between a Canadian mother or father. I believe they stopped doing foreign birth registrations so now what parent of a foreign born baby has to do is apply for a citizenship certificate, send in the childs birth certificate and proof that they themselves are a citizen, see http://www.cic.gc.ca/english/citizenship/proof.asp

 

[thaihubbie]

First of all THANK YOU FORUM MEMBERS I really appreciate your advice, support and solidarity it means the world to me to know there are others out there who are going through the same as me and my family. Canthai I especially thank you for your time. I think that you are correct that if I want to minimize separation time that I should return to Thailand get a job and do outland sponsorship and gather as much evidence to show that we plan on severing ties to Thailand and starting a new life in Canada. This is where it gets a bit tricky as far as I can see. When my husband applied for TRV the first time his case was very weak so the second time he applied he made it stronger as had we had got married so had a marriage certificate, and he had his Land Title Papers. The officer basically said his Land Title Papers were worthless in her eyes because he could `just sell it or sign it over to a family member once he got to Canada`. So that being said, if I apply to sponsor him now wont this Land Title now be held against him? Does he have to sell this land now in order to show he is going to establish himself in Canada? This is not good.
Canthai: As far as my daughter was concerned I applied for citizenship at the Embassy and it takes 7-10months processing time so they granted her a Limited Validity passport in the interim. We had to show our marriage certificate and my husband had to sign the form to agree. That was a whole other story i.e.the embassy losing our notarized copy and thus delaying the processing time.

 

[Leon]

Can one of your family in Canada arrange a job offer for you? That would help. Can you buy a house or a condo there, even in name only? I think it's not really fair that immigration can deny him a TRV because they say he plans to stay in Canada, then turn around and deny you sponsorship because they don't believe you are planning on staying in Canada. It has to be one or the other. Good luck.

 

[canthai]

thaihubbie,
I'm pretty sure CIC will only be concerned with the sponsor severing ties abroad and re-establishing them back in Canada once the applicant is approved the PRV. By all means, hold onto that Thai land! I remember somewhere in the forms/guides that it states the applicant shouldn't sell assets like land, car, etc. UNTIL the visa is granted so I'm sure it is his option to keep or sell and it shouldn't affect the application.

As far as a job in Canada, I wouldn't rely too much on family as it may seem as a conflict of interest. Best bet is to seek potential employment from an outside source as well. I am going to include 2 job offers and 1 from my dad for my sponsorship application. For the home, it would be advantageous to own land in your name or at least have joint ownership on a title. I've read where people have written the letter explaining their plans to re-establish and have had to send more solid proof of where they will live. Telling them you plan to get a home somewhere and a job with someone is not good enough. I think a letter of support from family or a friend that states they will keep a roof over you and your family's head until you get settled should be enough.

Hope this helps!

canthai

 

[thaihubbie]

Canthai,
Thanks so much for your helpful advice. I have a million questions for you because it sounds like you're in a very similar situation to me. I apologize for my ignorance. I'm here in Canada with our daughter for another 3 months and am trying to use my time here effectively. How may I ask did you arrange employment offers in Canada if you don't know exactly when you will be returning with your spouse? I can't afford to buy a home or condo at present so if I arrange accomodation ie. a rental agreement with a landlord would it be just as respected by CIC as a letter from my family saying we will live with them when we come to Canada?
thanks!

 

[canthai]

thaihubbie,
My employment offers were made possible through some good friends and colleagues of mine that know my situation and they were glad to send letters of employment. For the date to commence employment, they wrote whenever my wife and I return back to Canada and get settled.

I think the family letter showing accommodation is just as good as a letter from a landlord, but both would be the best. For example, you first settle with your parents in Canada for a couple of weeks (shows great family support too!), then possibly move to an apartment whereby a landlord (outside source) has written you a letter to promise a lease agreement to commence once you are ready.

Remember that all of these are ideas, there is no set rules here. You have to prove to CIC that you have made the best arrangements for you and your family once landed and preparation is the best thing to help avoid delays or denials. By proving this to them will make them feel more confident that you and your family will not need to go on social assistance once you arrive into Canada.

Hope this helps!

canthai

 

[canthai]

I don't think the law makes any distinction between a Canadian mother or father. I believe they stopped doing foreign birth registrations so now what parent of a foreign born baby has to do is apply for a citizenship certificate, send in the childs birth certificate and proof that they themselves are a citizen, see http://www.cic.gc.ca/english/citizenship/proof.asp

Thanks for the information Leon!

canthai

 

[thaihubbie]

Thanks so much Forum and Canthai, I actually have breathed a sigh of relief the past couple of days because of this Forum`s help. I thought my situation was almost hopeless. I am lucky in the fact that I`m in Canada for a few more months before returning to Thailand and can prepare many things for the eventual sponsorship from abroad. Question re.job offers: You stated you got some job offers from `family and friends`. I don`t know anyone who owns a private business so the only jobs I could be `offered`from family and friends would be nanny-housekeeper-caregiver. Is this sufficient? This type of job is totally low-pay and not really related to my CV which is ESL teacher. If I had for example a nanny job offer and a letter from my family saying they would shelter us until we got our feet on the ground, and a letter from a landlord that they agreed to eventually rent me an apartment would this be sufficient? You said there are no rules and that vagueness is EXACTLY what I find so frustrating.
Thanks!!