Spousal sponsorship

[valmiri]

hi my plz i need help my wife she wanna pay the cic fees for spo,sorship but she is confuse cuz there like 5 prise all i neeed to know is how much for sponsor fees thanks

Fees:
Sponsor $75
Principal applicant $475
Right of permanet residence $490

In Total $1040

 

[Canadaformylife]

Hello and good afternoon everyone.

Has anyone had experience sending their applicants passport FIRST with the original application via fedex before the office requests it?

Also does anyone know how long it is before they would request a re-med if they would?

The wife and kid got theirs done late in October and we just mailed it yesterday.

 

[computergeek]

Yes computergeek but the application questions would (if answered truthfully) identify her as overstaying her visitor visa and the question I dont know the answer to would be how this would affect an outland application from inside canada if the person doesn't have legal status.

My point was that if she leaves Canada after an overstay, when she attempts to re-enter Canada, they won't know that she overstayed on the previous trip (I'm sure they could find out if they wanted, as they can access US information). But, when she comes back into Canada her status resets: she isn't in an overstay situation.

With respect to the Outland application, while I've always recommended that people stay in status there are a number of people who have reported applying Outland successfully, even though they had overstayed in Canada. I suspect - but do not know for certain - that if a CIC officer figured out there was an overstay it would be an issue. But apparently they don't really look all that closely at that specific issue.

My advice is that when CBSA (or CIC) asks a direct question, you give an honest answer. You don't need to volunteer information and if the CBSA officer looks and sees that the previous entry was 9 months ago, they don't know if it was a 1 day stay, or a 9 month - 1 day stay. From what I can tell, they seldom ask "how long did you stay in Canada on your last visit."

 

[rhcohen2014]

Ok so from my understanding this is the best plan if action. Please tell me if it makes sense.

In February after making sure it's been over a year we have been together, my girlfriend will go back to the states. From there she will send in all the documents( can she send it to Ottawa as I see it has a shorter processing time for part 2?)

She will remain in the states and began working to save up.
I see that the Ottawa office takes 16 months to process part 2 so we figure for the last 6 months she'll come back here to Montreal with her savings as we wait for her to become a resident.
The only reason to travel to the stars and back or renew her stay here would be if she wanted to remain here while we applied correct?
Am I missing something obvious or does this check out all boxes needed to make this work.

ottawa is not taking 16 months to process us applications. if you look at the blue link in my signature below, you will see the ottawa spreadsheet. the average time for real life us applicants has been 5-8 months. most 2014 applicants have already landed, and currently june applicants are getting approved. she does NOT need to travel back to the US in order to stay in canada. all she needs to do is either apply for restoration of status (if she is out of status and it's been within 90 days) or apply to extend her stay as a visitor. PR applicants are usually approved for 12+ month extensions.

if you are not married, and she is trying to return after a short amount of time back in the US, THEN she *may* run into trouble at the border, and it's really important for her to show significant ties to the us (work and housing are usually the only ties they care about). If she can restore her status without leaving, i'd suggest staying in canada untl approval. since it's not clear you are actually commonlaw, and the border agents are pretty tough on couples not married, it's best to be very careful with crossings. OF course noone can say for sure because we won't be the CBSA agent greeting her at the border.

 

[rhcohen2014]

Canada doesn't actually keep track of when people leave - only when they enter.

Canada and US now share entry/exit info, so there IS a chance they do know when she returned to the us, especially at land borders. I've been asked "when was the last time you were IN canada" at the border many times, the question was not "the last time I ENTERED canada". to me that suggests asking when the last time i left canada, though i'm sure others would assume it means something else and answer differently. how that answer is taken is dependant on the officer. it actually was one of the standard questions. at one entry, the agent also suggested they had the info from the US border to verify. and this was at primary, so it's asked upfront, not when you're already marked for secondary.

 

[computergeek]

Canada and US now share entry/exit info, so there IS a chance they do know when she returned to the us, especially at land borders. I've been asked "when was the last time you were IN canada" at the border many times, the question was not "the last time I ENTERED canada". to me that suggests asking when the last time i left canada, though i'm sure others would assume it means something else and answer differently. how that answer is taken is dependant on the officer. it actually was one of the standard questions. at one entry, the agent also suggested they had the info from the US border to verify. and this was at primary, so it's asked upfront, not when you're already marked for secondary.

As recently as two months ago I had independent confirmation that CBSA officers do not have routine access to exit information. As I said, they can GET it, but the primary border officer has a screen with information on it and about 20 seconds to decide if further investigation is warranted. Of course, they can also ASK you.

In fact, from my own experience it seems that CBSA is FAR more concerned about collecting duty from what I can tell. So part of me wonders if she'd be better off trying to re-enter with her partner and a big screen TV. Sure they go to secondary, but that's because CBSA wants to collect the tax...

 

[IvanP]

As recently as two months ago I had independent confirmation that CBSA officers do not have routine access to exit information. As I said, they can GET it, but the primary border officer has a screen with information on it and about 20 seconds to decide if further investigation is warranted. Of course, they can also ASK you.

In fact, from my own experience it seems that CBSA is FAR more concerned about collecting duty from what I can tell. So part of me wonders if she'd be better off trying to re-enter with her partner and a big screen TV. Sure they go to secondary, but that's because CBSA wants to collect the tax...

That's pretty much what I said maybe a week ago!

Leaving and returning (while you're at it, buy a big TV so they are more interested at the border in what you are importing than in her... that's a joke, though it might work...) would reset the clock and then she could get file for proper extensions when she gets to the end of the 6 months.

 

[lunathecat]

I'm glad that I found this forum.

I'm a Chinese citizen. My husband is a Canadian who's living in the U.S. We got married in June 2014 when I was in the U.S. on a student VISA. My student visa ran out of date and I just returned China. We've filed sponsorship via spouse for American green card and now I'm in the waiting list. My status won't become current until Jan 2016. Now we're thinking about applying for the Canadian PR for me so that I could visit his family as my tourist visa application might be denied. Our plan is to prepare all the documentations by ourselves and consult a lawyer to review the files just to make sure we don't mess things up. My questions are:

1) How much does it cost for a Canadian immigration lawyer to review the documentations?
2) I'm from Shanghai. But according to the official website, the processing time at Hongkong visa office is 7 months, faster than Beijing visa office. Of course I'd love to fly over to HK if possible. Will I be able to choose the visa center or it's not up to me?
3) Say that everything goes through and I got my Canadian PR. As my husband is working in the U.S. and won't go back to Canada in the near future. I won't be able to live inside Canada for a while neither. Is there any way for me to keep my Canadian PR still?

My husband owns a house in Canada. Not sure if it's helpful for the case.

Thanks a million for your help.

 

[canuck_in_uk]

3) Say that everything goes through and I got my Canadian PR. As my husband is working in the U.S. and won't go back to Canada in the near future. I won't be able to live inside Canada for a while neither. Is there any way for me to keep my Canadian PR still?

In order to be approved for spousal PR, your husband would have to prove to CIC that he intends to return permanently to Canada as soon as your sponsorship app is processed. As he has no such intention, your app would be refused.

 

[dafodils2]

Hi,

My wife (Sponsor-Spouse visa) is a Canadian Permanent resident and an Indian Citizen, currently working and living in Canada. We got married one year ago and I am an Indian citizen living in India.

My wife submitted spouse sponsorship application package at Case Processing Centre, Mississauga, Canada. We are expecting acknowledgement (AOR and SA) from CPC, Mississauga soon. As per the information I got, the application package will be forwarded to the Canadian High Commission, New Delhi, India, where it will be processed. (current processing time 15 months)


My questions are:

Should my wife (Canada permanent resident- sponsor) live in Canada, until my visa is approved by Canada High Commission, New Delhi, India?

After obtaining AOR and SA from Case Processing Centre, Mississauga, Can she leave Canada and live with me in India for one year / until my visa is approved?

What is the maximum period a PR sponsor can live outside Canada without making any delay in spouse sponsorship? (After submitting a spouse visa application at Case Processing Centre, Mississauga, Canada and obtaining sponsorship approval)

Can we both go and live in Canada after my spouse visa is approved?

Will there be any delay in processing spouse visa if the sponsor (Canada permanent resident) is not living in Canada? (We can inform CIC about sponsor's address change)


Thanks & Regards

 

[scylla]

My wife (Sponsor-Spouse visa) is a Canadian Permanent resident and an Indian Citizen, currently working and living in Canada. We got married one year ago and I am an Indian citizen living in India.

No - your wife cannot live in India. Since she is a PR, she must be living in Canada for the entire time your application is being processed. Occasional short trips (e.g. 3 weeks) outside of Canada are fine. Anything longer, and you risk having the application refused because she is not living in Canada.

Yes - you will be able to move to Canada once your visa is approved.

 

[dafodils2]

But as per PR rules, PR has to be in Canada for 730 days (need not be continuous) in 5 years period to maintain the PR. Otherwise the PR gets cancelled. In my case, my wife was in Canada for more than 900 days since she got PR and her current PR card is valid till May, 2017

For spousal sponsorship, a citizen can be outside Canada and file Outland. But PR has to be in Canada. thats for sure. But no where I found that PR has to be in Canada until the spouse visa is approved.

Need more help and clarifications. Please

Thanks

 

[scylla]

But as per PR rules, PR has to be in Canada for 730 days (need not be continuous) in 5 years period to maintain the PR. Otherwise the PR gets cancelled. In my case, my wife was in Canada for more than 900 days since she got PR and her current PR card is valid till May, 2017

The rules you have quoted are for keeping her PR status.

Different rules apply for PRs who are sponsoring their spouses. Again, they must be living in Canada to do so. We've had a number of cases on this forum where the sponsoring PR spouse left Canada for a prolonged period of time after being approved as a sponsor - and the application was refused.

See the information in the application guide:

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Permanent residents residing abroad may not sponsor from outside of Canada.

 

[dafodils2]

New Delhi - 2015 Spousal Visa Applicants,

I am creating a new WhatsApp group of New Delhi - 2015 Spousal Visa Applicants for important discussions.

For membership, personal message me your cellphone number ( +countrycode - number format) or post here.

New Delhi - 2015 Spousal Visa Applicants timeline spreadsheet at http://tinyurl.com/m58s2qb

Good luck to all !!

 

[dafodils2]

The rules you have quoted are for keeping her PR status.

Different rules apply for PRs who are sponsoring their spouses. Again, they must be living in Canada to do so. We've had a number of cases on this forum where the sponsoring PR spouse left Canada for a prolonged period of time after being approved as a sponsor - and the application was refused.

See the information in the application guide:

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Permanent residents residing abroad may not sponsor from outside of Canada.

Thanks