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Spousal application

art_nicolaenco

Full Member
Nov 14, 2016
21
1
Hello everyone!

I'm new to this forum. Excuse me in advance if this topic had already been brought up. To make a long story short, Im a PR since 2007 and have lived in Canada, province of Quebec ever since (dont ask me why im still not a citizen, too lazy i guess..). Anyway, recently married to a someone i knew since my childhood and now engaging in this whole new process to me. I just had a few quick questions if you guys dont mind. Tried calling ircc help line but the wait time isn't bearable.

So back to the questions. As i said, Im a Canadain PR, in respect to that i read and heard that during the whole process for my wife's application I must remain in Canada. Although i understand the reasoning behind it, I need an advice that in case i travel, our application doesnt get jeopardized. Firstly, i may need to travel on business grounds. Secondly, the processing time through Bucharest, which is where my wife's application will be assessed, is 15 monts or so it says on ircc website. It's quite long, so me and my wife thought of spending our vacation this winter in Europe (a week or two max). And now Im told that i cannot leave the country. Just want to clear things up. Is there a way, is this mandatory and how do i proceed?

The other questions are more technical. Im trying to wrap my head around this whole immigration process. IRCC requires filled forms with original signatures, is that correct? In that case, does my wife print and sign whatever she has to sign and then mails it to me through say UPS/ FedEx? Then, I complete the package with my own forms/ documents and mail it to IRCC? Am i understanding it correctly?

One more question. Is it beneficial to submit medicals/police clearances at the same time as the application? Will it save time or should we wait till visa office requests it from us?

And lastly, there is this question #6 on Generic Application From for Canada asking if she has received CSQ (Certificat de Selection du Quebec), the c part of the question (when did you apply). How do you answer? Can i leave it blank?

thats it for now. Sorry if these are some lame questions. Again, Im new to this and trying not to screw up :)

Appreciate it.

Have a good day everyone!
 

profiler

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art_nicolaenco said:
Hello everyone!

I'm new to this forum. Excuse me in advance if this topic had already been brought up. To make a long story short, Im a PR since 2007 and have lived in Canada, province of Quebec ever since (dont ask me why im still not a citizen, too lazy i guess..). Anyway, recently married to a someone i knew since my childhood and now engaging in this whole new process to me. I just had a few quick questions if you guys dont mind. Tried calling ircc help line but the wait time isn't bearable.

So back to the questions. As i said, Im a Canadain PR, in respect to that i read and heard that during the whole process for my wife's application I must remain in Canada. Although i understand the reasoning behind it, I need an advice that in case i travel, our application doesnt get jeopardized. Firstly, i may need to travel on business grounds. Secondly, the processing time through Bucharest, which is where my wife's application will be assessed, is 15 monts or so it says on ircc website. It's quite long, so me and my wife thought of spending our vacation this winter in Europe (a week or two max). And now Im told that i cannot leave the country. Just want to clear things up. Is there a way, is this mandatory and how do i proceed?

The other questions are more technical. Im trying to wrap my head around this whole immigration process. IRCC requires filled forms with original signatures, is that correct? In that case, does my wife print and sign whatever she has to sign and then mails it to me through say UPS/ FedEx? Then, I complete the package with my own forms/ documents and mail it to IRCC? Am i understanding it correctly?

One more question. Is it beneficial to submit medicals/police clearances at the same time as the application? Will it save time or should we wait till visa office requests it from us?

And lastly, there is this question #6 on Generic Application From for Canada asking if she has received CSQ (Certificat de Selection du Quebec), the c part of the question (when did you apply). How do you answer? Can i leave it blank?

thats it for now. Sorry if these are some lame questions. Again, Im new to this and trying not to screw up :)

Appreciate it.

Have a good day everyone!
From: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/ :
"
DIVISION 3
Sponsors

Sponsor

130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who


(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
" (Subsection (3) removed as you are passed the five-year requirement regardless)

Your application could be refused if you leave Canada for any long duration of time. How long that is, there is no real guideline. There is two means to sponsor: outland or inland.

Outland: your partner "remains" in her country of origin (or can remain in Canada, providing she has a valid TRV) while the application is processed. Usually fastest option.

Inland: your partner remains with you in Canada, and can apply for an Open Work Permit (OWP). This means within about 4 months, your partner can work legally in Canada while waiting for the PR application to finish. This is typically a slower option. Your partner would be cautioned not to leave Canada, as any reason that CBSA might not permit their re-entry to Canada could result in the PR application being deemed "abandoned".

You can courier or mail paperwork to and from. If you are both in Canada, this is a moot point.

Yes it can be beneficial to submit the medical upfront. Though not a requirement to begin processing the application, it is generally a good idea to include Police Clearance Certificate's (PCC). Your partner will require a PCC for every country they spent 6 months or more in.

The CSQ I cannot answer (I am one province to the left).

Best of luck!
 

art_nicolaenco

Full Member
Nov 14, 2016
21
1
profiler said:
"
DIVISION 3
Sponsors

Sponsor

130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who


(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
" (Subsection (3) removed as you are passed the five-year requirement regardless)

Your application could be refused if you leave Canada for any long duration of time. How long that is, there is no real guideline. There is two means to sponsor: outland or inland.

Outland: your partner "remains" in her country of origin (or can remain in Canada, providing she has a valid TRV) while the application is processed. Usually fastest option.

Inland: your partner remains with you in Canada, and can apply for an Open Work Permit (OWP). This means within about 4 months, your partner can work legally in Canada while waiting for the PR application to finish. This is typically a slower option. Your partner would be cautioned not to leave Canada, as any reason that CBSA might not permit their re-entry to Canada could result in the PR application being deemed "abandoned".

You can courier or mail paperwork to and from. If you are both in Canada, this is a moot point.

Yes it can be beneficial to submit the medical upfront. Though not a requirement to begin processing the application, it is generally a good idea to include Police Clearance Certificate's (PCC). Your partner will require a PCC for every country they spent 6 months or more in.

The CSQ I cannot answer (I am one province to the left).

Best of luck!
Thanks for your answer. I'm a bit late responding to this but this may be useful for others to see. I was able to contact ircc and was advised that I can travel. In fact, me and my wife are traveling to Europe in a week while our application is being processed (received jan 13, still no response from ircc though). You got to be careful with the terms here. I, as a PR, must reside in Canada. However, leaving the country for travel purposes has nothing to do with not residing in the country. So, I was pretty much told not to confuse the terms and I can travel as much as I want as long as I reside in Canada. Mind you, I'm only leaving for a week and not taking risks here.

But in general, not letting people leaving the country for the duration of the process indeed sounded a bit harsh to me and turns out I was reading a bit too much into it. So, bottom line is you can travel as long as you reside in the country.

Also, for Quebec residents, CSQ part of the question you just leave blank. But that is now very clear in the new guide

Cheers!
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
art_nicolaenco said:
Thanks for your answer. I'm a bit late responding to this but this may be useful for others to see. I was able to contact ircc and was advised that I can travel. In fact, me and my wife are traveling to Europe in a week while our application is being processed (received jan 13, still no response from ircc though). You got to be careful with the terms here. I, as a PR, must reside in Canada. However, leaving the country for travel purposes has nothing to do with not residing in the country. So, I was pretty much told not to confuse the terms and I can travel as much as I want as long as I reside in Canada. Mind you, I'm only leaving for a week and not taking risks here.

But in general, not letting people leaving the country for the duration of the process indeed sounded a bit harsh to me and turns out I was reading a bit too much into it. So, bottom line is you can travel as long as you reside in the country.
Be aware that the Call Centre is staffed by very poorly trained people that have nothing to do with actual processing of apps and therefore give bad or completely wrong advice all of the time. Visa Officers see things very differently.

A week here and there shouldn't be an issue. However, stretch it more than a few weeks, and you do put your app at risk.
 

art_nicolaenco

Full Member
Nov 14, 2016
21
1
canuck_in_uk said:
Be aware that the Call Centre is staffed by very poorly trained people that have nothing to do with actual processing of apps and therefore give bad or completely wrong advice all of the time. Visa Officers see things very differently.

A week here and there shouldn't be an issue. However, stretch it more than a few weeks, and you do put your app at risk.
Thanks for the info. Good to know. She sounded sure of it, though lol