Spousal sponsorship and other options

[airsheridan]

Hi all,

I am a Canadian/Irish citizen, currently living in Toronto due to work. I met my fiancé (Brazilian) in Ireland 2 years ago when she was studying English. We are to be wed in 2 weeks.

She has been living with me here in Toronto for around 9 months, but only with a Visitor visa, and we are both returning to Ireland to stay with my family for the holidays and intended on returning to Canada mid January. We recently applied to extend her visitor visa, which initially was to end in September, and we have just received the acceptance for the extension. The problem, however, is it only applicable till the 1st of January 2019.

I have seen that I can apply for spousal sponsorship, which we intend to to immediately, however is there any options in the short term that would allow her to return alongside me? The news of her extension was upsetting as we have set up a life here (apartment, friends) and now it seems like she will be stuck outside the country for up to a year

Any help at all would be greatly appreciated. We're both very stressed and worried and are finding it hard to get help.

Thanks

 

[scylla]

Hi all,

I am a Canadian/Irish citizen, currently living in Toronto due to work. I met my fiancé (Brazilian) in Ireland 2 years ago when she was studying English. We are to be wed in 2 weeks.

She has been living with me here in Toronto for around 9 months, but only with a Visitor visa, and we are both returning to Ireland to stay with my family for the holidays and intended on returning to Canada mid January. We recently applied to extend her visitor visa, which initially was to end in September, and we have just received the acceptance for the extension. The problem, however, is it only applicable till the 1st of January 2019.

I have seen that I can apply for spousal sponsorship, which we intend to to immediately, however is there any options in the short term that would allow her to return alongside me? The news of her extension was upsetting as we have set up a life here (apartment, friends) and now it seems like she will be stuck outside the country for up to a year

Any help at all would be greatly appreciated. We're both very stressed and worried and are finding it hard to get help.

Thanks

You've misunderstood what the extension allows her to do. The visitor visa extension is only good as long as she remains in Canada. Once she leaves Canada, the extension is voided. The extension does not allow her to re-enter Canada.

She will need to ensure she is holding a valid eTA to return. There is nothing you can apply for or obtain that guarantees re-entry into Canada - that's up to the CBSA officer you encounter at the border.

 

[Jets13]

are you getting married in Canada in two weeks? If so do some research into inland sponsorship vs outland sponsorship. In your case, with inland sponsorship if you are getting married in Canada you would not have to be separated and could live together during the duration of her application. She could even start work in a few months. Cons are that she couldn't go on this trip with you or leave Canada for long periods of time while her app is in process.
You would have to weigh the pros and cons and see what is more important.

 

[vensak]

also, it will not be wise for her to leave Canada right after getting married to Canadian citizen. She might ended up being refused any visitor visas until sponsorship is processed.
Be aware of all that.
Good luck.

 

[airsheridan]

Thanks very much all for the information. We'll have to discuss our options and make a decision.

 

[airsheridan]

Hi all,

Hopefully you will see this response. We are intending on applying for the spousal sponsorship visa alongside the pilot open work permit. We have also applied for an eTa and are considering risking the trip to my family in Ireland for the holidays and on return hopefully the eTa will allow my fiancé entry. We will be applying for inland spousal sponsorship. Other than the risk of returning mentioned above. Is she allowed to leave the country if we have applied for the inland sponsorship?

 

[canuck_in_uk]

Hi all,

Hopefully you will see this response. We are intending on applying for the spousal sponsorship visa alongside the pilot open work permit. We have also applied for an eTa and are considering risking the trip to my family in Ireland for the holidays and on return hopefully the eTa will allow my fiancé entry. We will be applying for inland spousal sponsorship. Other than the risk of returning mentioned above. Is she allowed to leave the country if we have applied for the inland sponsorship?

Hi

She is allowed to leave.

 

[Jets13]

Hi all,

Hopefully you will see this response. We are intending on applying for the spousal sponsorship visa alongside the pilot open work permit. We have also applied for an eTa and are considering risking the trip to my family in Ireland for the holidays and on return hopefully the eTa will allow my fiancé entry. We will be applying for inland spousal sponsorship. Other than the risk of returning mentioned above. Is she allowed to leave the country if we have applied for the inland sponsorship?

I couldn't find any formal sources but if you do a quick google search of inland vs outland application many sites claim that leaving Canada may deem the application abandoned. Like this one
http://spousalsponsorship.com/spousal-sponsorship/inland-vs-overseas-spousal-sponsorship.html

Spousal Sponsorship Application from Inside of Canada (Inland):
Pros:

• The sponsored spouse must remain within Canada during the processing time.
• The sponsored spouse can obtain an open work permit (an open work permit allows the sponsored spouse to work in Canada during the processing time for your application).

Cons:

• The sponsored spouse may not leave Canada during the processing time, otherwise the application will be determined abandoned.
• Processing times are usually longer than the processing times for outland sponsorship. The first stage alone takes about 8-12 months.
• If an inland application is denied, then no appeals will be permitted.

You have to be in Canada for the inland application, so if she does by some chance get refused entry with the eta, then the application will be abandoned for sure.

 

[canuck_in_uk]

I couldn't find any formal sources but if you do a quick google search of inland vs outland application many sites claim that leaving Canada may deem the application abandoned. Like this one
http://spousalsponsorship.com/spousal-sponsorship/inland-vs-overseas-spousal-sponsorship.html

Spousal Sponsorship Application from Inside of Canada (Inland):
Pros:

• The sponsored spouse must remain within Canada during the processing time.
• The sponsored spouse can obtain an open work permit (an open work permit allows the sponsored spouse to work in Canada during the processing time for your application).

Cons:

• The sponsored spouse may not leave Canada during the processing time, otherwise the application will be determined abandoned.
• Processing times are usually longer than the processing times for outland sponsorship. The first stage alone takes about 8-12 months.
• If an inland application is denied, then no appeals will be permitted.

You have to be in Canada for the inland application, so if she does by some chance get refused entry with the eta, then the application will be abandoned for sure.

There is no rule against leaving Canada. An app is not considered abandoned simply because the applicant leaves. It is considered abandoned when a person leaves and is unable to return.

 

[vensak]

While she can technically leave like for a short vacation (2-3 weeks), even with an approved ETA she can be denied entry. Also her ETA might be cancelled at any time (as ETA are for visitors only that should leave Canada and inland sponsorship proves the opposite).
So if you have application ongoing already, Christmas holiday might cost you more than you think (first application rejection and forcing you to apply again as outland and for your wife to wait abroad until approved). Up to you to decide if it is worth it.