Spousal Sponsorship - spouse from Japan

[krisco]

Hello All ~~~

This is my first post and I hope I do it correctly. I am happy this forum is available and appreciate any helpful answers anyone is willing to volunteer their time in response.

My son married his wife who is Japanese and we are in the process of applying for sponsorship approval. She is currently in Japan. They met in Canada while they were both studying and her study permit expired Jan/15 and she returned to Japan. They were married in August/15 in Japan. My son is a natural born Canadian.

We have printed the guide book IMM 3913E and all applicable forms. We are about to begin the process.

Questions to this point:

- After the sponsorship has been approved (which we have read is a 57 day period upon receipt and the start of gov't processing) can his wife arrive in Canada and apply for a work permit while they wait the landed immigrant status? Or will they have to start the whole process over because she will be in Canada and not out?

- Is the entire process (sponsorship to landed immigrant status) quicker for approval to apply out of Canada?

- Criminal Record - Is this be done in Japan and included in the sponsorship documents or will immigration send a letter stating it be done in Japan(I find the guide and the website confusing regarding this). She has tried to start this in Japan but was told Canada will request one via a letter but the document checklist asks for it to be done. Can anyone help explain this process to us?

- Does she need to have a Canadian record check done too as she was here studying?

Thanks so much for any help.

 

[floomy]

wil try to answer as much as I can, hope other members would help you too.

1&2-
outland application processing faster than inland processing.
She can visit in Canada and wait for her PR after she applied for outland. (or she can visit and send off her outland application in Canada)
She can apply for work permit, but she must have a job offer and her employer would go through all immigration stuff first (not easy to fine employer who is willing to go through that)

If she applies for inland (she has to stay in Canada when she send application and should not leave Canada till she gets PR), she can apply for Open work permit together.
but there is good chance that her owp would be expired before she gets her pr and she has to apply for work permit (same process for employer)

3. she should get her criminal record certificate in Japan and send with application (it is on check list)
if she lived beside Canada and Japan more than 6 month, she has to obtain criminal record certificate in that county.

4. she does not need to obtain police check in Canada, VO(visa office) would check it out when they process her file.

5. if she would stay in Canada and wait for PR, she can renew her visitor visa and stay till gets her PR
(send a proof that her application is processing with renewal application , then she would get a year or so)

hope it helps and please correct me if there is wrong information.

 

[canuck_in_uk]

- After the sponsorship has been approved (which we have read is a 57 day period upon receipt and the start of gov't processing) can his wife arrive in Canada and apply for a work permit while they wait the landed immigrant status? Or will they have to start the whole process over because she will be in Canada and not out?

No. With an outland application, she could come to Canada as a visitor. She would not qualify for a work permit based on the sponsorship application. They will not have to start the process over if she comes to Canada.

- Is the entire process (sponsorship to landed immigrant status) quicker for approval to apply out of Canada?

Much quicker.

- Criminal Record - Is this be done in Japan and included in the sponsorship documents or will immigration send a letter stating it be done in Japan(I find the guide and the website confusing regarding this). She has tried to start this in Japan but was told Canada will request one via a letter but the document checklist asks for it to be done. Can anyone help explain this process to us?

She must first submit her PR application. CIC will then send her a letter which she can use to request her Japanese PCC.

- Does she need to have a Canadian record check done too as she was here studying?

No. CIC will do their own checks in Canada.

 

[krisco]

Thanks so much for you responses.

After our research and your helpful answers we understand the process as follows:

They will apply outland and this starts with the sponsorship application which takes approx. 60 days to complete by CIC, followed by the longer time period of 17 months for the PR status - total time 19 months? or is the 60 days included in the 17 months CIC lists on the website for total processing time? Are we to follow the VO of Manila for total time to process for Japanese citizens?

During the processing period she can come to Canada as a visitor but will not be able to work or enroll in Canadian health care coverage. As Japan is a Visa exempt country she does not need a visa but will be required to apply for the new eTA. The eTA is valid for up to 5 years or until her passport expires in the 5 year period, whichever comes first, and permits her to visit as often as she wishes in that time frame. If she does not have to apply for a visitors visa does this mean she can stay in Canada up to 5 years as a visitor if the eTA/passport are valid? I have searched but can't find the answer.

During her time as a visitor in Canada can she apply for a study permit and attend classes while waiting the outcome of the PR status?

Thanks - appreciate it.

 

[canuck_in_uk]

They will apply outland and this starts with the sponsorship application which takes approx. 60 days to complete by CIC, followed by the longer time period of 17 months for the PR status - total time 19 months? or is the 60 days included in the 17 months CIC lists on the website for total processing time? Are we to follow the VO of Manila for total time to process for Japanese citizens?

The stage 1 processing time is separate from the VO processing time. The VO posted times are not averages; it's how long it took to process 80% of apps. I believe manila averages about 10-12 months. I suggest you join the Manila thread, they probably have a spreadsheet.

During the processing period she can come to Canada as a visitor but will not be able to work or enroll in Canadian health care coverage. As Japan is a Visa exempt country she does not need a visa but will be required to apply for the new eTA. The eTA is valid for up to 5 years or until her passport expires in the 5 year period, whichever comes first, and permits her to visit as often as she wishes in that time frame. If she does not have to apply for a visitors visa does this mean she can stay in Canada up to 5 years as a visitor if the eTA/passport are valid? I have searched but can't find the answer.

Health care depends on the province.

The eTA is not mandatory until March 2016. She can travel to Canada on her passport until then. To be clear, an eTA DOES NOT permit her to visit Canada as often as she wants. It permits her to board a commercial carrier to Canada and has nothing to do with actually being allowed entry. It also has nothing to do with status in Canada; that is granted by the CBSA officer on entry. She would need to apply to extend her visitor status to stay beyond the time granted to her.

During her time as a visitor in Canada can she apply for a study permit and attend classes while waiting the outcome of the PR status?

She must be accepted to an educational institute and be able to show significant proof of funds and proof of times to Japan in order to be approved for a study permit. As a visitor, she may take short courses less than 6 months without a study permit.

 

[floomy]

I came to Canada after I applied for outland, I am also from visa-exampt country.
so I did not apply for visitor visa before.
Usually, CBSA at the airport stamped on your passport for visitors and she would normally get 6 months , then she can renew her visitor visa after if she decide to stay in Canada till she gets her PR.

She can study as a visitor, but don't think she can take a class from University or college. she can only take English class.
(maybe distance learning course she maybe able to take )

It looks like she applied for study permit before, so she would know about that.