Spousal Sponsorship - Couple Lives Abroad - Better to apply now? or Upon Return?

[osgoz99]

Discussion for everyone out there...

I am filling out a spousal sponsorship application for my sister and brother in-law. They have a genuine marriage (with one child) and have been living abroad in the Middle East for the last 2 years. My sister and her child are Canadian citizens and the plan is to sponsor her husband who is a United States citizen. They would like to move back to Canada in March of 2013.

I was told that it is "safer" to wait until they return to Canada and apply from "Within Canada" because if they apply now from overseas, the applicant might be summoned for an interview back to the Middle East. The current wait time for the assessment of the applicant is listed at 7 months. This would mean the interview might be well after he already arrives in Canada. Would he have to return to the Middle East just for an interview?

As well, I understand that if they apply from overseas, the sponsor needs to provide sufficient proof that she intends to return and reside in Canada and that often times, letters, offers of employment, etc are not enough proof. (Has anyone had experience with this before? How how is this burden of proof?)

Finally...If they decide to wait and apply once they return here, based on LEON's post I would suggest they apply from outside of Canada so that the process is quicker and the applicant has freedom to travel. The applicant will want to visit his family in the U.S. while his application is being processed. What does the applicant say to customs when leaving and returning to Canada? Should he say he is in the process of a sponsorship application? Can he be refused entry? Will he have to start application again?

Thanks in advance guys!

 

[OhCanadiana]

Discussion for everyone out there...

I am filling out a spousal sponsorship application for my sister and brother in-law. They have a genuine marriage (with one child) and have been living abroad in the Middle East for the last 2 years. My sister and her child are Canadian citizens and the plan is to sponsor her husband who is a United States citizen. They would like to move back to Canada in March of 2013.

I was told that it is "safer" to wait until they return to Canada and apply from "Within Canada" because if they apply now from overseas, the applicant might be summoned for an interview back to the Middle East. The current wait time for the assessment of the applicant is listed at 7 months. This would mean the interview might be well after he already arrives in Canada. Would he have to return to the Middle East just for an interview?

As well, I understand that if they apply from overseas, the sponsor needs to provide sufficient proof that she intends to return and reside in Canada and that often times, letters, offers of employment, etc are not enough proof. (Has anyone had experience with this before? How how is this burden of proof?)

Finally...If they decide to wait and apply once they return here, based on LEON's post I would suggest they apply from outside of Canada so that the process is quicker and the applicant has freedom to travel. The applicant will want to visit his family in the U.S. while his application is being processed. What does the applicant say to customs when leaving and returning to Canada? Should he say he is in the process of a sponsorship application? Can he be refused entry? Will he have to start application again?

Thanks in advance guys!

I would suggest they apply before moving and select CPP-O as the visa office. Since your brother-in-law is a US citizen, he can choose to have his application processed by the visa office responsible for his country of citizenship (US). If he needs an interview, it would be conducted in the US. You can mitigate the likelihood of an interview being required by submitting enough evidence of a genuine relationship upfront since most interviews are conducted to assess the relationship when there are questions.

The advantage would be that he could have his PR status sooner since they can apply while they are still in the Middle East.

To prove that she is intending to return to Canada, your sister would simply need to explain her plans and show that she's put thought into them and that they are likely to work and be self/family/friend-funded (ie, without relying on welfare). So, folks include descriptions of their plan, rationale for their move back, and to-do lists. Also, explanations of plans for employment and housing upon arrival help.

Regarding entry into Canada before he is a PR, each entry would be a visit so he needs to be eligible each time. There's a couple links in the FAQs in the US outland applicant thread that may be helpful and further discussion in the threads themselves. Take a look at http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-buffalo-applicants/-t106068.0.html;msg1489429#msg1489429

Good luck

 

[realmiracle]

I support the views of OhCanadiana.

 

[osgoz99]

Thanks OhCanadiana. So he actually has a chance to choose his visa office when applying? Is there an option for this somewhere on the application? I have not seen it if that's the case.

Also, isn't CPP-O the Ottawa Case processing centre? I imagine it would make the most sense to choose the closest centre to his hometown in NY or else closest to the GTA where he plans to ultimately reside.

Thoughts?

Thanks again

 

[rjessome]

Thanks OhCanadiana. So he actually has a chance to choose his visa office when applying? Is there an option for this somewhere on the application? I have not seen it if that's the case.

Also, isn't CPP-O the Ottawa Case processing centre? I imagine it would make the most sense to choose the closest centre to his hometown in NY or else closest to the GTA where he plans to ultimately reside.

Thoughts?

Thanks again

The visa office where a PR application can be processed is based on citizenship and/or if an applicant has been legally admitted to another country for at least 1 year.

Ottawa is the Case Processing Pilot office. Case Processing Centre for overseas Family applications is in Mississauga. A complete application package goes to Mississauga and on the forms you must choose the visa post for processing based on the above rules (citizenship/legally admitted). For US citizens the visa office used to be Buffalo but that has changed to CPP-Ottawa since Buffalo closed in May. Ottawa will decide which consulate to send the application to or may complete processing there.

 

[osgoz99]

The applicant and his spouse (the sponsor) have been living in Morocco for the last year and half. The applicant has a student visa there but they travel back to North America every six months or so. The plan on returning together to live in Canada this coming March for good.

I want to apply now to get the process started but I dont want to screw it up. If he chooses Ottawa as the CPP, is it possible that they will send it back to Rabat Morocco to process it there? I don't want to apply and have him to have to travel back there once they leave in March.

 

[Sweden]

The applicant and his spouse (the sponsor) have been living in Morocco for the last year and half. The applicant has a student visa there but they travel back to North America every six months or so. The plan on returning together to live in Canada this coming March for good.

I want to apply now to get the process started but I dont want to screw it up. If he chooses Ottawa as the CPP, is it possible that they will send it back to Rabat Morocco to process it there? I don't want to apply and have him to have to travel back there once they leave in March.

there is always a possibility with CIC, but in your case, it seems quite remote. If he had never lived in the US and only had the nationality, then they might decide that Rabat would be the most relevant, but in this case, it's unlikely. If the student permit is expiring, then make sure that you include this information in the file. CIC will send the application to the VO asked on the application unless they feel that the applicant has stronger ties to somewhere else. With the frequent travels to the US, the nationality, and the fact that it has only been a year and a half in Morocco, it's unlikely ( in my opinion) that their file will not be handle as a US national.

So you should be safe to choose Ottawa. Also, as mentioned by others, interviews for US national are the exception rather than the norm, as it's to verify if the relationship is genuine. If they have been married for 2 years at least, and have a child together, and have been living together ( i suppose your sister followed your brother in law to Morocco for his studies), and they can show the proofs of all that, it's quite unlikely that they would be asked for an interview.

good luck,
Sweden

 

[osgoz99]

Maybe I missed it, but what form is the option to choose your CPP on?

 

[rjessome]

Maybe I missed it, but what form is the option to choose your CPP on?

IMM 0008

He's a US citizen. They will NOT send the application for processing in Rabat.

 

[Sweden]

Maybe I missed it, but what form is the option to choose your CPP on?

IMM0008, question 4 : immigration office requested to process the application

that's where you choose the visa office, but you send the whole application to Mississauga first, and they will forward it to the right visa office based on what you have indicated there.

Good luck,
Sweden

 

[Sweden]

IMM 0008

He's a US citizen. They will NOT send the application for processing in Rabat.

thanks for confirming rjessome!

 

[osgoz99]

Thanks folks!

I have everything filled out except IMM 008. I guess thats why I missed it SWEDEN. For some reason, Adobe Reader can not open that file on both my Mac and PC. Anyone else have trouble with that?

 

[rjessome]

Thanks folks!

I have everything filled out except IMM 008. I guess thats why I missed it SWEDEN. For some reason, Adobe Reader can not open that file on both my Mac and PC. Anyone else have trouble with that?

Ensure your computer has the most recent version of Adobe Reader.

 

[osgoz99]

Just downloaded Acrobat Reader 11.0 which is the latest version. Still have the same problem and I'm trying to call CIC office to ask them but can not get through to a live operator.

 

[rjessome]

Just downloaded Acrobat Reader 11.0 which is the latest version. Still have the same problem and I'm trying to call CIC office to ask them but can not get through to a live operator.

Restart the computer and try again.