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Spousal Sponsorship. Specific Questions. Help greatly appreciated.

tiscwslabmuz

Member
Jan 28, 2013
11
0
Hello Everyone,

I am new to this forum. I am an American citizen, my husband is a Canadian citizen. We have been together for 2 years now, the entirety of our time together spent with me visiting him in Canada. During that time, I have lived with him in Edmonton, Calgary, and Vancouver. I have of course left each time before my 6-month visitors visa expired. Now, I am on my 3rd visit to Canada, and I would like to submit an Outbound Application for PR from within Canada, preferably without having to leave until a decision has been met on my application.

That being said, there are a few slightly convoluted (or at least, I assume 'outside-the-norm') aspects of our particular situation that I would greatly appreciate specific guidance on:

. My 6-month visitor's visa will expire on March 26, 2013. I am aware that in order to extend my visitor's visa, I have to apply for said extension at least 30 days in-advance of my required departure date in-order to have it approved. That being said, I would like to know, a.) if I file my outbound PR application before March 26th, will I be able to stay until a decision is reached or an interview is required in the US, under "implied status", or does that only apply in the case of an Inbound PR application?, and b.) if I am unable to send out my PR application before Feb 26th (30 days prior to the expiration of my current visitor's visa), will I still be able to have a visitor's visa extension approved in lieu of a pending PR application at that time? (Perhaps by explaining that I will be filing within the next month?)

. a.) Will both my husband and I require a FBI background check, or only me? b.) Given the amount of time that FBI checks can sometimes take to receive, is it possible in the case of an Outbound PR application to send the FBI check(s) as I receive them, but subsequent to mailing the majority of the PR application? Obviously I would send it the moment I would receive it, and I could also include a note in my initial PR application contents explaining that I am waiting for the checks and will mail them upon receiving them. I think I read that this is indeed possible in the case of Inbound, but I am unaware as to Outbound. c.) I read that I will require a police/'FBI' check from wherever I have lived for a total of 'X' amount of time in the past year. For me, though I have never overstayed my 6 month visitor's visa, in the last year I have cumulatively spent more time in Canada than in the US. Does this mean I require an RCMP (or otherwise) check instead of FBI? If so, would I simply include a note when submitting the criminal background check stating my reason for not submitting a regular FBI check, or would it need to be clarified by some other means?

. Am I permitted, while in Canada, to continue to make income from a non-Canadian company, being paid in US dollars, being sent by direct deposit into a US bank account, given that it is not interfering with a Canadian citizen's job opportunities, and not being paid by a Canadian corporation/individual? Additionally, if in order to complete said work, it is done by utilizing a Canadian IP address, phone line, etc.? If so, when filling out the Financial Information portion of the PR application, can I include records as to that specific income?

I will greatly appreciate any knowledge you may have to offer. I truly do realize that in the case of our PR application, we are cutting it extremely close to the deadline. There were simply a number of financial and personal circumstances that interfered with us sending it out sooner.

Sincere Regards.
 

fandv

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Aug 8, 2011
778
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tiscwslabmuz said:
Hello Everyone,

I am new to this forum. I am an American citizen, my husband is a Canadian citizen. We have been together for 2 years now, the entirety of our time together spent with me visiting him in Canada. During that time, I have lived with him in Edmonton, Calgary, and Vancouver. I have of course left each time before my 6-month visitors visa expired. Now, I am on my 3rd visit to Canada, and I would like to submit an Outbound Application for PR from within Canada, preferably without having to leave until a decision has been met on my application.

That being said, there are a few slightly convoluted (or at least, I assume 'outside-the-norm') aspects of our particular situation that I would greatly appreciate specific guidance on:

. My 6-month visitor's visa will expire on March 26, 2013. I am aware that in order to extend my visitor's visa, I have to apply for said extension at least 30 days in-advance of my required departure date in-order to have it approved. That being said, I would like to know, a.) if I file my outbound PR application before March 26th, will I be able to stay until a decision is reached or an interview is required in the US, under "implied status", or does that only apply in the case of an Inbound PR application?, and b.) if I am unable to send out my PR application before Feb 26th (30 days prior to the expiration of my current visitor's visa), will I still be able to have a visitor's visa extension approved in lieu of a pending PR application at that time? (Perhaps by explaining that I will be filing within the next month?)

. a.) Will both my husband and I require a FBI background check, or only me? b.) Given the amount of time that FBI checks can sometimes take to receive, is it possible in the case of an Outbound PR application to send the FBI check(s) as I receive them, but subsequent to mailing the majority of the PR application? Obviously I would send it the moment I would receive it, and I could also include a note in my initial PR application contents explaining that I am waiting for the checks and will mail them upon receiving them. I think I read that this is indeed possible in the case of Inbound, but I am unaware as to Outbound. c.) I read that I will require a police/'FBI' check from wherever I have lived for a total of 'X' amount of time in the past year. For me, though I have never overstayed my 6 month visitor's visa, in the last year I have cumulatively spent more time in Canada than in the US. Does this mean I require an RCMP (or otherwise) check instead of FBI? If so, would I simply include a note when submitting the criminal background check stating my reason for not submitting a regular FBI check, or would it need to be clarified by some other means?

. Am I permitted, while in Canada, to continue to make income from a non-Canadian company, being paid in US dollars, being sent by direct deposit into a US bank account, given that it is not interfering with a Canadian citizen's job opportunities, and not being paid by a Canadian corporation/individual? Additionally, if in order to complete said work, it is done by utilizing a Canadian IP address, phone line, etc.? If so, when filling out the Financial Information portion of the PR application, can I include records as to that specific income?

I will greatly appreciate any knowledge you may have to offer. I truly do realize that in the case of our PR application, we are cutting it extremely close to the deadline. There were simply a number of financial and personal circumstances that interfered with us sending it out sooner.

Sincere Regards.



Hi tiscwslabmuz,

Welcome to this amazing forum :).

The more experienced and senior members can probably advise better on matters concerning the US (and I'm not even sponsoring an American), Canadian tourist visa, jobs, etc.

What I can tell you with absolute certainty, though, is that you are the only one requiring the police clearance. Your husband as your sponsor requires none.....not from the FBI, and not from the RCMP either.

By the way, the CIC states that you need police clearance from all countries in which you have stayed for at least 6 consecutive months since reaching age 18. You can read about it here and press Ctrl F in your browser and type "police certificates":

http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp

By default you have stayed way more than 6 months in the US (afterall you're a US citizen), so yes, definitely you need a clearance from the FBI.

And: since reaching age 18, have you ever stayed in Canada for at least 6 months, consecutively...? If so, then you need to get the clearance from the RCMP too.
And this is very important to keep in mind: getting clearance from one police force doesn't necessarily mean you don't need to get it from all other police forces. In other words, even if you've obtained your FBI clearance, you would still need to get the RCMP clearance, IF you've ever been in Canada for at least 6 consecutive months... :). And if you've been in other countries (apart from the US and Canada) for at least 6 consecutive months since reaching age 18, you would need to get a police certificate from each of those countries as well...

You can read this checklist to find out exactly what forms and supporting documents your husband (the sponsor) needs:

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.pdf


And this, to find out exactly what forms and supporting documents YOU (the principal applicant/sponsored person) need:

http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
 

tiscwslabmuz

Member
Jan 28, 2013
11
0
Thank you so much for your reply! That definitely helped to address one of the main quandaries we were faced with; which was whether or not a police check was required for him.

So... let's say that since turning 18, the ONLY place I have been for 6 consecutive/cumulative months IS Canada...

;)

What then? (I'm turning 20 in 2 months.)
 

scylla

VIP Member
Jun 8, 2010
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01-10-2010
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Implied status only applies to inland applications. You won't have implied status if you file outland.
 

scylla

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05-10-2010
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05-10-2010
tiscwslabmuz said:
Thank you so much for your reply! That definitely helped to address one of the main quandaries we were faced with; which was whether or not a police check was required for him.

So... let's say that since turning 18, the ONLY place I have been for 6 consecutive/cumulative months IS Canada...

;)

What then? (I'm turning 20 in 2 months.)
Include an FBI certificate all the same. CIC will ask for it even if you don't include it.
 

tiscwslabmuz

Member
Jan 28, 2013
11
0
scylla said:
Include an FBI certificate all the same. CIC will ask for it even if you don't include it.
...Which brings me back to one of my earlier questions, which is whether I am able to send the FBI certificate as I receive it, after having sent out the majority of my PR application, sans FBI cert.? (In the case of an Outbound application.)
 

scylla

VIP Member
Jun 8, 2010
97,684
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Toronto
Category........
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Buffalo
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Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
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File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
tiscwslabmuz said:
...Which brings me back to one of my earlier questions, which is whether I am able to send the FBI certificate as I receive it, after having sent out the majority of my PR application, sans FBI cert.? (In the case of an Outbound application.)
It's better to include the FBI cert with your original application to avoid creating processing delays. However some poeple do send the cert later. Make sure you include a letter with your application indicating it will be sent later.
 

bukyder

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Aug 29, 2012
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tiscwslabmuz said:
...Which brings me back to one of my earlier questions, which is whether I am able to send the FBI certificate as I receive it, after having sent out the majority of my PR application, sans FBI cert.? (In the case of an Outbound application.)
Hi,

Did you end up submitting your application without the FBI certificate (and submit on a later date); or you waited for it to arrive and mail your application?
I have to get FBI certificate too because I stayed in the US for a year. Please advise. Thanks