Spousal sponsorship

[Rob_TO]

I have no idea what is going on and why.

I am very happy that my spouse got her VISA today.
It took less that 10 months to get the Family Sponsorship VISA. I did all the documents by the book. Everything was paid on time.
She is from Bulgaria. The papers were done in the Canadian Embassy in Romania.

The very, very strange thing is that she has to enter Canada before Jan.08,2015. This is not even 3 months or the normal 6 months for sponsored spouse requirements.
I have no idea if it is wrong or right but just posting the information.
For sure now there will be a lots of running around, a lot to prepare the move but do you know anyone else with the same situation ?

More details to come.

Good luck to all with the crazy Immigration process for coming to Canada.

Date on your COPR is always based on 1 years time from when the medical exam was done. For some people this may give just weeks or few months to land, for others that recently did medical it could give almost 1 year to land. There is no such thing as a "normal" time.

 

[khurram19801]

I have no idea what is going on and why.

I am very happy that my spouse got her VISA today.
It took less that 10 months to get the Family Sponsorship VISA. I did all the documents by the book. Everything was paid on time.
She is from Bulgaria. The papers were done in the Canadian Embassy in Romania.

The very, very strange thing is that she has to enter Canada before Jan.08,2015. This is not even 3 months or the normal 6 months for sponsored spouse requirements.
I have no idea if it is wrong or right but just posting the information.
For sure now there will be a lots of running around, a lot to prepare the move but do you know anyone else with the same situation ?

More details to come.

Good luck to all with the crazy Immigration process for coming to Canada.

many many congratulation dear please pray for us and again congratulation

 

[CNICG]

Just reading through the thread, congratulations!

 

[Kamaldeep momi]

Hii Leon can you please tell me the minimum time immigration take for the visa in spouse sponsorship??

 

[icee_chic]

Out of curiosity, why can you not leave Canada until 2016? If you get your PR, you can work anywhere so it doesn't matter if your work permit hasn't expired yet cuz you wouldn't need it anymore.

yes that's for sure..and once we applied the sponsorship regardless of my work permit expiration date, while the sponsorship is on process then I think I will have an Implied status by then. In that case, there's no time of going home no matter what happen or else it will be cancelled..

 

[icee_chic]

Yes it does. Explained in more detail here: http://www.blaney.com/articles/employment-termination-and-maintenance-lawful-status-canada

While you are currently legal in Canada, you are correct that it would be difficult to return to Canada if you ever left if you are no longer employed with the company listed on your work visa. This is true no matter if you applied inland or outland.

If you apply inland and submit an OWP along with your application you should get the open work permit after 13 months. Then another 8 months to finish processing so 21 months total. During this entire time, you would not be able to leave Canada for any reason, even if there was an emergency back home. If you couldn't return to Canada your inland PR app would be cancelled.

If you applied outland, since you have valid status in Canada for at least 1 year you can request CPC-Ottawa to process your outland app based on your current residency in Canada. In this case any potential interview would be in Canada, so no need to ever leave.

HOWEVER there is no guarantee that CIC would follow your request, so there a chance your app would be sent to your country of citizenship (I think you're from Philippines so through Manila office). But even if this happened you could still stay in Canada during the entire processing time with your current status. An average app through Manila takes around 12 months total.

Applying outland through CPC-Ottawa seems the preferable choice for you, however the big risk is if your app is instead sent to Manila and you are called for an interview there. Then you would need to leave Canada, and would need to stay in Philippines until your PR is approved. The chance of an interview is usually very small, BUT it looks like you had a very quick relationship followed by quick marriage, which is a red flag for any application.

Yes It is really true.. We decided to submit the app mid 2015 instead just to be safe..hopefully there would be no red flag on that..

Thanks!

 

[computergeek]

yes that's for sure..and once we applied the sponsorship regardless of my work permit expiration date, while the sponsorship is on process then I think I will have an Implied status by then. In that case, there's no time of going home no matter what happen or else it will be cancelled..

This is not true. An application is not "cancelled" if you leave Canada. An application will be refused if you are not living in Canada with your sponsor, but a short absence from Canada does not form a valid basis for a refusal. CIC does not guarantee you may re-enter Canada so if CBSA refuses you entry back into Canada, you won't be able to meet this requirement.

A determination by CBSA may be challenged. That's why they usually ask people who are going to be refused to "voluntarily choose not to enter Canada" - a voluntary decision not to enter cannot be appealed. A determination that you are inadmissible can be appealed.

 

[MizAngel]

yes that's for sure..and once we applied the sponsorship regardless of my work permit expiration date, while the sponsorship is on process then I think I will have an Implied status by then. In that case, there's no time of going home no matter what happen or else it will be cancelled..

Yes, but what we're trying to explain to you is that if you submit your application right now and apply outland, you will have your PR probably within a year or so. So if you get your PR next year, you can leave and enter as a PR and it won't matter if your work permit has expired because you would already have PR well before it expires. Especially if you're not using your work permit to work anymore, you can get PR much sooner than 2016.

 

[rhcohen2014]

A determination by CBSA may be challenged. That's why they usually ask people who are going to be refused to "voluntarily choose not to enter Canada" - a voluntary decision not to enter cannot be appealed. A determination that you are inadmissible can be appealed.

from personal experience, not EVERYONE gets the option to "voluntarily choose to not enter Canada". sometimes, they just make the determination to issue a ban without any concern.

 

[Linden]

I have a question about the online WP application.

My partner recently got AIP and wants to apply online for OWP. She was on a visitor's visa that expired on Oct.1, 2014 though she sent an application to extend that but she is still waiting to hear back.

So when we fill the online questionnaire it asks when does current status expire. I type Oct. 1, 2014 and the system then tells me that the applicant is out of status and asks if we want to apply for restoration status. The system doesn't recognize implied status.

Has anyone applied for OWP online while out of status or while they were on implied status and has experience on how to fill the online questionnaire correctly?

 

[computergeek]

from personal experience, not EVERYONE gets the option to "voluntarily choose to not enter Canada". sometimes, they just make the determination to issue a ban without any concern.

If they do so, they have to write an inadmissibility report (A44(1)) explaining the basis of their decision. It is that decision that can be appealed on the basis of that report.

If they issue an actual ban, that's far more serious and requires much stronger evidence than a refusal.

There are no guarantees in immigration, that's certainly true.

 

[natodincan]

First of all, thank-you so much for sharing your wisdom!! I have 3 more questions, thank-you in advance for your time!

Number one: Yes, my husband is from US and uses his passport to cross so he does not require a visa to enter but how long can he stay?

I just want to play out the scenario to make sure I understand you correctly:

Currently, my husband visits us in Canada almost every weekend. Our plan would be to submit the pr application (which is ready to go pretty much) and then he would give his 2 weeks notice of resignation at work. He would then cross over to visit us as he usually does but this time tell the border agent that he has a pr app submitted and he is intending to visit his wife and to stay with me during the process of app.

He has a car loan, a son, and bank accounts in the US but will leave his apartment and job. This is a risk because if he is not allowed to stay then he is forced to return and stay with his parents...???

Someone told him to bring all his paper work, proof of enough money saved in a bank account to support himself and a copy of the health care insurance (we intend to purchase) for his stay while awaiting pr. What is the possibility he will be turned away?

What are the different responses he might receive at the border? ie."You can visit for the weekend but then you must return" or "Go ahead" or "Apply for a visitor visa for an extended stay before crossing"

Anyway, once in Canada with us for the weekend, then he would visit for the weekend and apply for an extension of visiting online using the Visitor Visa app on the Monday??

My second question relates to the fbi clearance. It has been 12 weeks and we have not heard back from his fingerprint submission for criminal history check. I can't find any contact info for the FBI records check department so that I can find out the status of our request... Do you have any suggestions? This is the only piece of paper work we need besides the medical check he and his son (who is not accompanying him to live in Canada) will get in 2 weeks time in Canada.

Thirdly, on the additional family info sheet it asks for info about half siblings. My hubby hasn't had contact with his half siblings for over 30 years. No one in the family knows where they live or their birthdates. How far does CIC expect us to go to get this information? Short of hiring a private eye, we are not going to find these 2 half siblings.

Thanks again!!!

 

[Ponga]

First of all, thank-you so much for sharing your wisdom!! I have 3 more questions, thank-you in advance for your time!

Number one: Yes, my husband is from US and uses his passport to cross so he does not require a visa to enter but how long can he stay?

I just want to play out the scenario to make sure I understand you correctly:

Currently, my husband visits us in Canada almost every weekend. Our plan would be to submit the pr application (which is ready to go pretty much) and then he would give his 2 weeks notice of resignation at work. He would then cross over to visit us as he usually does but this time tell the border agent that he has a pr app submitted and he is intending to visit his wife and to stay with me during the process of app.

He has a car loan, a son, and bank accounts in the US but will leave his apartment and job. This is a risk because if he is not allowed to stay then he is forced to return and stay with his parents...???

Someone told him to bring all his paper work, proof of enough money saved in a bank account to support himself and a copy of the health care insurance (we intend to purchase) for his stay while awaiting pr. What is the possibility he will be turned away?

What are the different responses he might receive at the border? ie."You can visit for the weekend but then you must return" or "Go ahead" or "Apply for a visitor visa for an extended stay before crossing"

Anyway, once in Canada with us for the weekend, then he would visit for the weekend and apply for an extension of visiting online using the Visitor Visa app on the Monday??

My second question relates to the fbi clearance. It has been 12 weeks and we have not heard back from his fingerprint submission for criminal history check. I can't find any contact info for the FBI records check department so that I can find out the status of our request... Do you have any suggestions? This is the only piece of paper work we need besides the medical check he and his son (who is not accompanying him to live in Canada) will get in 2 weeks time in Canada.

Thirdly, on the additional family info sheet it asks for info about half siblings. My hubby hasn't had contact with his half siblings for over 30 years. No one in the family knows where they live or their birthdates. How far does CIC expect us to go to get this information? Short of hiring a private eye, we are not going to find these 2 half siblings.

Thanks again!!!

1. He can stay up to 6 months, unless he is told otherwise by the CBSA when he enters Canada. If they do not give him a visitor record (with a date that he must leave Canada), he gets the full 6 months. The following is found in the CBSA Enforcement manual (ENF 4 [Port of Entry Examinations]):
Six-month entry
In most cases, a BSO should routinely authorize entry for a period of six months to a foreign national requesting entry as a temporary resident, even when the person requests entry for a very brief period. Six months are adequate for most purposes of travel and preclude the need for the person to request an extension.

2. The is a contact number on the FBI website. Since it has been 12 weeks, you should be able to get some information by calling them.

3. Have him list what he can and just include a separate sheet of paper explaining the situation, to fill in the blanks (per se).
The most important part is that he include them on the form...no matter how little he remembers!

 

[canuck_in_uk]

Thirdly, on the additional family info sheet it asks for info about half siblings. My hubby hasn't had contact with his half siblings for over 30 years. No one in the family knows where they live or their birthdates. How far does CIC expect us to go to get this information? Short of hiring a private eye, we are not going to find these 2 half siblings.

No need for the private eye . My partner also had family members that he had no information for, including his birth parents. We just put what little we knew and explained on a separate sheet. There was no issue.

 

[BChome]

Hi
I've been advised by the administrators of the London thread to also post in here in hope that I might get some further advice..
These are the 2 posts I've made in the London thread..

Hi
Could you add my info to the spreadsheet please
My case has not been straight forward to date and I will provide the key points to give a bit of background.
Previously residing in BC since 2008 with visitor and work permits; deported May 2014 because of Canadian DUI conviction in April 2012 (no other criminal history); currently in Wales at my fathers house while common-law partner, children, dog, house, jobs and entire life remain in BC. All requests by CIC were followed, and I was responsible for my own travel back to the UK. I have been 100% compliant with the entire horrendous procedure.
TRP and ARC submitted in May 2014 on return to the UK, alongside humanitarian and compassionate submission requesting to be able to return to be with family in Canada while PR was being processed. British passport and fees included with application.
No response to case specific enquiries about PR over summer after 11 month process time had been exceeded. A follow up case specific enquiry submitted beginning of September 2014 for which I got a reply on Oct 7 stating that there was no record of TRP and ARC applications (and UK passport); 2 days later I received my passport and TRP and ARC fees returned in the prepaid envelope I'd originally supplied, along with an email saying that my TRP application had been passed to appropriate department. The following day my PR ECAS went 'In Process'. I have had no response to my enquiries about the return of my TRP and ARC fees which I presume render my applications incomplete.
These are the relevant dates for spreadsheet I think:
PR application received 22 Aug 2013
sponsor approval 11 Sept 2013
RPRF and (2nd updated) medical requested 10 July 2014
RPRF receipt and medical results received 26 July 2014
Case in process 10 Oct 2014
RCMP fingerprints, new UK police certificate, and updated schedule A requested 15 Oct 2014
Received 24 Oct 2014
Everyday I hope there will be some good news, so I can go home to my family.
Is there any advice that can be offered, perhaps you've come across similar scenarios before? Do I have any hope in resolving this before I'm eligible for a pardon in April 2018?
Also, in the 2013 spreadsheet, there are a number of cases that have gone into process, then had documents requested and then nothing further added and they remain with no decision made for months (zqdot, saeedar etc), while others have a decision made within 4 weeks of the additional document request? Are you aware of any reason for this or any pattern? I'm trying to guess how long it will take them to update my file with the additional info I've sent recently and hopefully, finally come to a decision? The uncertainty that hangs over my family is agonising, it now has been 6 months since we last saw each other. Any advice or words of wisdom would be greatly appreciated.
Many thanks

and then I posted this in response to various questions which provides further details

Thanks for the replies, its really appreciated

So... as far as I'm aware (through my own research and advice from the Canadian immigration lawyer I've been using), you are not allowed to apply for PR if you are criminally inadmissible in the majority of cases. However, it is my understanding that in certain extenuating circumstances they have the ability to waive this requirement (my lawyer has dealt with an almost identical case from London where this happened 6 months ago), hence me also submitting a humanitarian and compassionate supplementary application to try and overcome the issue of inadmissibility. I know its a long shot, but I'm not able to apply for an official pardon until April 2018, which is too long. The other possible route that I'm aware of is the issuance of back to back TRP's (with work permit attached) until I am able to apply for a pardon and then put my PR through.

RE my current living arrangements, my Canada address is still my full time permanent home, that I share with my partner (all the bills are still in both our names, it where my bank is registered, truck etc) and I am currently just 'holidaying' at my father's house. I have been living with my partner for 4 years and have provided vast quantities of documentation and photographic evidence to support this. My address in BC is still my valid full time residential home, even if I'm not allowed to be there right now. I chose to apply with my partner Steve as my spousal sponsor, however, I do fit the requirements of many of the PR schemes (Canadian experience class, skilled worker, PNP) and have included all the documentation to show this within my spousal application. I've given them absolutely everything! I should be a good candidate except for this stupid DUI conviction! ...which I only got because it was the arresting officers first ever arrest so I got BOTH roadside AND federal charges AND got deported, all because of 2 bloody gin and tonics! I'm not bitter or anything lol!

I have supplied an awful lot of additional supporting documents to hopefully further my case: over 100 letters of reference from the local community, including charities, church groups, lawyers, doctors, many business owners, societies, bankers and the mayor. I am a respected local youth mentor, sit on the board of directors of the film society and have been integral in implementing plans to buy and preserve the historic cinema on behalf of the community. I raise money fro Relay for Life and am closely involved with many more community activities, al of which I've supplied supportive evidence of. I have skilled open job offers (fisheries biologist and theatre manager).
I have also totally complied with my sentence under BC law. I have letters of recommendation from the administrator of the responsible drivers course I participated in, and have supplied evidence that I had part of my sentence (ignition interlock device) revoked due to good behaviour and full compliance with the other components of my sentence ($1000 fine, 1 year ban and course). I also have the support of the CBSA officer in charge of my deportation. - which incidentally involved being escorted onto a plane by 2 uniformed armed guards just to add an extra dose of humiliation to the scenario! lol!
In addition, I also try and get some hope from the fact stated on the CIC website, that as of April 2012, people that have not yet received a pardon for a single misdemeanour offence (DUI and shoplifting are the examples given), have the ability to enter the country in certain circumstances (which aren't specified unfortunately).

I have to do everything I can to remain optimistic! I don't have a back up plan for my life, I need to get back home ASAP!
I just have to keep hoping and praying that my case falls onto the desk of someone that is willing to view it in its entirety, good and bad, and not just focus on one single error of judgement I made.

A big thank you for running this site it feels good to get that out there!