Spousal sponsorship

[scylla]

So I wanted to know your opinion, how do you see it? Do we have any chance? Is it a good idea for me to leave during those months? In the case that leaving was a terrible idea, would we have good chances considering our situation?

I would recommend you remain in Canada. You will be marrying quite soon after meeting which will already place additional scrutiny on your relationship. If you leave after marrying and filing the PR application (with plans to return once you have an OWP), this may very well only serve to increase CIC's concerns that this isn't a genuine relationship.

 

[Majromax]

I hope you guys can help me. I am from Spain and are in Canada with a working holiday visa that expires in about 20 days. About three months ago I met a Canadian girl. If my visa expires I have to go back home, there´s no way to extend it or to get a different visa that allows me to stay here. That would mean that we´d have to break up.

You can apply to change the terms of your stay for visitor status. That would not allow you to work, but it would allow you to remain in Canada.

It seems like applying outland would take over 16 months, and that´s a long time to be separated. So, we´ve decided to apply inland, so I can get an open work permit in about four months (that´s what the immigration officer told me it takes right now).

The open work permit in ~4 months only applies if you still have legal status when you apply. That gives you a very tight application timeframe, as you will also need to wait for your marriage certificate from the province, your police check, and a few other bits of documentary evidence. Again, it would be safer if you first applied for visitor status.

When I apply I´ll be in Canada, however, I plan to go back home for two or three months since it´s way cheaper and I can work there, so I can save some money, and come back once I have the OWP. That way we can be together again maybe by new years eve! (or shortly after).

This is not allowed and will result in your application failing. The inland sponsorship process requires that the inland and sponsor live together in Canada for the duration of the application. "Going back home for two or three months" to live and work is simply not allowed; very occasionally a user has had their re-entry denied (and application cancelled) for simply vacationing in another country.

We have pictures of our relationship, messages, friends are going to write letters to back us up... but haven´t lived together yet (we plan to do it, though, as soon as I come back and can work again)

This is another barrier to inland sponsorship. As I mention above, the sponsor and applicant must live together both upon applying and throughout the process.

 

[Sarim]

Hi All,

Case in process at LVO, Can i visit Pakistan on annual vacations along with my sponsor as she is living with me in Dubai on residency visa but she is Canadian citizen.

I have to inform any thing to CPC Mississauga?

Please advise.

Rgds, Sarim

 

[greek marathoner]

Hello Everyone

I would like to ask a question: i am a canadian citizen living in greece with my greek spouse. we plan on going to canada in about 3 months. What type of fponsorchip would be better inland or outland? inland has a 2 year processing time but i cannot find any procesiing info for outland processing time grom greece. does anybody know what the processing time may be and what is the perfereed method to go abou this.

thanks in advance

 

[Lynx88]

Hello Everyone

I would like to ask a question: i am a canadian citizen living in greece with my greek spouse. we plan on going to canada in about 3 months. What type of fponsorchip would be better inland or outland? inland has a 2 year processing time but i cannot find any procesiing info for outland processing time grom greece. does anybody know what the processing time may be and what is the perfereed method to go abou this.

thanks in advance

Hello,

Greeks usually get processed through Rome VO which is a good thing as applications get processed quite fast compared to other VO's. If there are no red flags in your application your spouse's PR could be issued in about 6-7 months. In the meantime your spouse can stay in Canada as a visitor and extend her stay as a visitor if needed until she becomes a PR. So in your case I would say outland is the best way.

 

[DanSlh]

Hello,

Greeks usually get processed through Rome VO which is a good thing as applications get processed quite fast compared to other VO's. If there are no red flags in your application your spouse's PR could be issued in about 6-7 months. In the meantime your spouse can stay in Canada as a visitor and extend her stay as a visitor if needed until she becomes a PR. So in your case I would say outland is the best way.

101% agree

 

[AdamEpp7]

Hello, I was glad to find this forum since finding information about sponsoring spouses is incredibly difficult. I recently got engaged and my fiancée is an American, and I have some questions related to sponsoring her to come to Canada after our wedding that I seriously cannot find anywhere online:

1. I plan to go the United States to get married this December? Would there be any reason for me to use anything other than a regular Visa? Would there be any possible legal issues associated with me going there?

2. I've heard that the outland application is quicker than the inland, but how long exactly would it take for my fiancée to get a permanent resident card? The CIC website currently says an outrageous 39 months right now. Is that how long it'd take for her if she wanted to become a Canadian citizen or only to get a permanent resident card?

I'd like to thank anyone in advance for answering my questions!

 

[Screenager]

So you are in the situation that you want to sponsor your foreign spouse for permanent residency of Canada and don't know where to start. Here are some tips:

Married, common law or conjugal partners

First you need to pick an application class. There are three of them: married, common-law and conjugal. For all of them, you need to prove the genuineity of your relationship. For common-law, you need to prove that you have lived together for 12 months or longer. For conjugal, you need to prove that you have combined your affairs as much as possible but there are real immigration barriers or other barriers preventing you from living together or getting married. Conjugal is the hardest to prove. For example, if your partner could get a visit visa to come to Canada for 6 months and then apply for an extension to get the full year, even though they will not be allowed to work, that is not considered an immigration barrier. An immigration barrier is if your partner tries to get a visit visa to come to Canada and is repeatedly refused. Some people have had luck with the conjugal class but try to avoid it if possible.

Outland or inland?

Now you need to decide if to apply outland or inland. If your spouse is not in Canada and can not get a visa to go to Canada, you must apply outland. That means that you will send your application to Mississauga and they will approve you as a sponsor. The time that takes is usually 1-2 months to but current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship After that, the application is forwarded to your local visa office. If your spouse is residing in a country other than the country of their nationality, you can pick which of the two visa offices you want. Otherwise it will be processed in their country of nationality. You can see the processing times here: http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp

If your spouse is staying in Canada as a visitor or on some other visa, you can pick whether you want to apply outland or inland. Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it's being processed. Inland has the downside that it's generally not advised that your spouse travels while you are waiting for your processing because it is a requirement of inland that they reside in Canada and if they are denied entry at the border for some reason, your application is gone. If an interview is required for inland, you may also have to wait a long time for it. The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months. The current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res Then the file is forwarded to your local CIC office where you live and they will contact you for a landing appointment. Getting the PR with inland usually takes 12-18 months. If an interview is required for inland, Vegreville will not give first stage approval but instead will forward the application to the local CIC office without it and you will have to wait for them to have time for your interview. In some cases that can take a year or two. If you do get the first stage approval, your spouse will usually be eligible for health care and an open work permit. It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it's tied together.

Which method to pick depends on your situation. If your spouses country of nationality has a long processing time or your spouse does not want to have to travel there for a possible interview, then inland is the way to go. For faster processing and freedom of travel during the processing time, outland would be better. You can find the application forms for inland at http://www.cic.gc.ca/english/information/applications/spouse.asp and the application forms for outland at http://www.cic.gc.ca/english/information/applications/fc.asp

Avoiding potential problems with your application

The most common reason for people to be called for an interview is that the visa officer has doubts about the relationship being genuine. It is up to you to send immigration some quality data, emails, chat logs, phone records, photos, letters and other material to prove to them that your relationship is the real thing. Other reasons you might have problems with is eligibility of the sponsor. The sponsor can not be on social assistance, can not be bankrupt and can not have a record of violent crimes or crimes against family members. If that is the case, better talk to a lawyer and get that cleared up before attempting to apply.

Dependent children

If your spouse has dependent children, they must be included in the PR application, even if they are not coming to Canada. They will need to have medicals as well to keep the option open to sponsor them later. The only way that immigration will accept the application without those medicals is if the children are no longer minors and refuse to have it or if the children are in the full custody of their other parent who refuses to make them available for medicals. In that case, your spouse needs to sign a statement stating that they know that they will never be able to sponsor these children to Canada in the future.

Dependent children are classified as single and either under 22 years of age or if they are older, they must have been full time students since before age 22 or dependent on their parent due to a disability or medical problem.

Refusals due to income and medicals

You will be asked to provide information about your income but you will not be denied to sponsor your spouse and dependent children because you do not make enough money. It is possible though that if you make absolutely no money at all that immigration may ask you how you plan to support yourselves.

Spouses and dependent children are also exempt from the clause about excessive demand on health care so you do not have to worry about them being refused for that reason.

Sponsoring your spouse while living in another country

If you are a Canadian citizen, you can sponsor your spouse without being in Canada but you do then have to prove that you are planning on moving to Canada when your spouse gets approved for permanent residency. Such proof can include having arranged jobs, being accepted to college, having arranged housing or letters from friends & relatives stating that they know of your plans and that you can stay with them while you look for housing etc.

If you are a PR, you must reside in Canada in order to sponsor your spouse. You can chance short vacations (remember that a Canadian vacation is generally no longer than 2 weeks) but if immigration finds out that you are not in Canada, you risk getting your application refused.

Canadian citizen living abroad sponsoring spouse calling all helpful experts!

SPONSOR QUESTIONNAIRE IMM5540E
Clarifications required:

Question 1:
Your full name
Problem:
Passport has a middle name, all the documents are without the middle name including the most recent Canadian SIN card, Child's birth certificate, all other documents. Should the sponsor include the middle name? (It doesnt say that the name has to EXACTLY match the travel document as it says on the main Sponsorship application form)

Question 9: Are you a Naturalized Canadian or Permanent Resident? (we said yes)

Problem:
(a) It then asks "On what date did you become a Permanent resident"
Should the sponsor write the date she became a naturalized citizen? or the date she landed as an immigrant prior to becoming a naturalized citizen?
(b) It then asks, "Which canadian visa office issued your immigrant visa or confirmation of permanent residence?"
They went from Lahore, Pakistan when she was a kid. Are they asking about the Pakistani embassy here?

Question 10: "Were you sponsored yourself to come to Canada?"
Problem:
The sponsor went with her parets and siblings as a family and then they became naturalized citizens. Do we write yes or no?


Question 11: "Are you living in Canada", Our answer is NO. It the asks, "Provide proof of your intention to re-establish in Canada, attached photocopies of one or more of the following documents"

Problem:
(we dont have any of the things mentioned)
Job Offer in Canada - NOT AVAILABLE
Employment Contract in Canada - NOT AVAILABLE
Letter of acceptance by an education institution - NOT AVAIALABLE
Property Rental agreement - NOT AVAILABLE
Property Deed - Not AVAILABLE
Mortgage on Property - NOT AVAILABLE
OTHER: We can produce letters from sponsors sister that they are willing to help us out begin a new life in Canada and we can stay with them till we find our own place, we can produce Sponsor's SIN card, OHIP, Bank account Openeing letter all of which she did during her recent trip to Canada (3 yrs back). Can these things be sufficient for CIC to declare the sponsor as eligible to sponsor her spouse i.e. me?

Question 12:
"Are you living with someone"
Problem:
We live in a joint family setting as is customrary in India and Pakistan. So technically she lives with me and my family. Does she list all the members of her in-laws that share our large house?

Question 15: "Do you have any children"
Problem:
The sponsor and the main applicant (being sponsored) both have a child together. The child is also a CAnadian citizen with proof and passport (born outside canada). Does the sponsor list this child on the form here? because the child doesnt need to be sponsored as he is already a citizen.

 

[MilesAway]

Hello, I was glad to find this forum since finding information about sponsoring spouses is incredibly difficult. I recently got engaged and my fiancée is an American, and I have some questions related to sponsoring her to come to Canada after our wedding that I seriously cannot find anywhere online:

1. I plan to go the United States to get married this December? Would there be any reason for me to use anything other than a regular Visa? Would there be any possible legal issues associated with me going there?

2. I've heard that the outland application is quicker than the inland, but how long exactly would it take for my fiancée to get a permanent resident card? The CIC website currently says an outrageous 39 months right now. Is that how long it'd take for her if she wanted to become a Canadian citizen or only to get a permanent resident card?

I'd like to thank anyone in advance for answering my questions!

1. I believe it's not an issue for Canadians to get married to Americans in the US, so that shouldn't be a problem.
2. Are you looking at the Los Angeles and New York offices? US applicants are processed in Ottawa, only complicated cases (criminality, inadmissibility issues, etc) are sent to LA. New York does not process family applications anymore.

 

[MilesAway]

Canadian citizen living abroad sponsoring spouse calling all helpful experts!

SPONSOR QUESTIONNAIRE IMM5540E
Clarifications required:

Question 1:
Your full name
Problem:
Passport has a middle name, all the documents are without the middle name including the most recent Canadian SIN card, Child's birth certificate, all other documents. Should the sponsor include the middle name? (It doesnt say that the name has to EXACTLY match the travel document as it says on the main Sponsorship application form)

Question 9: Are you a Naturalized Canadian or Permanent Resident? (we said yes)

Problem:
(a) It then asks "On what date did you become a Permanent resident"
Should the sponsor write the date she became a naturalized citizen? or the date she landed as an immigrant prior to becoming a naturalized citizen?
(b) It then asks, "Which canadian visa office issued your immigrant visa or confirmation of permanent residence?"
They went from Lahore, Pakistan when she was a kid. Are they asking about the Pakistani embassy here?

Question 10: "Were you sponsored yourself to come to Canada?"
Problem:
The sponsor went with her parets and siblings as a family and then they became naturalized citizens. Do we write yes or no?


Question 11: "Are you living in Canada", Our answer is NO. It the asks, "Provide proof of your intention to re-establish in Canada, attached photocopies of one or more of the following documents"

Problem:
(we dont have any of the things mentioned)
Job Offer in Canada - NOT AVAILABLE
Employment Contract in Canada - NOT AVAILABLE
Letter of acceptance by an education institution - NOT AVAIALABLE
Property Rental agreement - NOT AVAILABLE
Property Deed - Not AVAILABLE
Mortgage on Property - NOT AVAILABLE
OTHER: We can produce letters from sponsors sister that they are willing to help us out begin a new life in Canada and we can stay with them till we find our own place, we can produce Sponsor's SIN card, OHIP, Bank account Openeing letter all of which she did during her recent trip to Canada (3 yrs back). Can these things be sufficient for CIC to declare the sponsor as eligible to sponsor her spouse i.e. me?

Question 12:
"Are you living with someone"
Problem:
We live in a joint family setting as is customrary in India and Pakistan. So technically she lives with me and my family. Does she list all the members of her in-laws that share our large house?

Question 15: "Do you have any children"
Problem:
The sponsor and the main applicant (being sponsored) both have a child together. The child is also a CAnadian citizen with proof and passport (born outside canada). Does the sponsor list this child on the form here? because the child doesnt need to be sponsored as he is already a citizen.

1: Fill out the forms using the information from your passport. If there's a discrepancy, write an explanation on a separate sheet of paper.
9: I'm not sure what the confusion is here. The questions is crystal clear. On what date did you become a PERMANENT RESIDENT, not a citizen. Write the date you landed as an immigrant. You must have submitted your passport to an embassy, so write which one. My wife's visa says "Warsaw" on it, so she can't forget which visa office she dealt with.
10: This would be if they had been sponsored as a spouse, but if they went with their family at the same time, then they were not sponsored.
11: Send what you have, but be prepared that CIC might ask for more proof later.
12: Again, this question is really clear. You are living with them, so write their names. If that is typical in your country, then write a note about it.
15: You have a child, so the answer is yes. They aren't asking you if the child needs to be sponsored, they are asking you if you have children. Lying on the application is misrepresentation.

 

[Mladjo18]

Shuffled Around - Has this happened to anyone?...

I am a Canadian Citizen I sponsored by wife back in September 2013 (Waiting 23 months). We are currently living in Red Deer, AB.

In May of 2015 I was approved as a sponsor (I guess this is step 1 of 2).

We just got a letter from the CIC office in Calgary indicating our application was moved from Mississauga to Calgary and there was a note that says "Cases received at our office in August 2015 are estimated to reviewed in February 2017". Our application time has just been increased to 42 Months???


To make matters worse my line of work takes me throughout Canada. If my wife has to keep changing her address and her paper keeps getting shuffled around to different cities, we will never get approved...

Also since since I was approved as a sponser can she apply for a Health Card?

Any advise would be greatly appreciated

 

[smoresun]

Hi,

I'm new to this forum and have spent some time looking around and reading but there is so much info! I have a few questions that I haven't been able to find the answers to.

I'm sponsoring my common-law partner (who is from France) from within Canada. We have until the end of the month for our sponsorship and OWP applications to be received by the CIC before he looses his current status as a student.

1. We need a photocopy of the stamp in his passport from his most recent entry into Canada, but we've just realized that it didn't get stamped the last time that he crossed over from the US (he was there visiting friends a few weeks ago). Our solution is to send a copy of the second most recent and then a letter explaining that it isn't the most recent and giving the real date, plus photocopies of all pages of his passport. Has anyone else had this issue?

2. We are waiting from a police clearance from New Zealand where we used to live. We will have an emailed copy next week but the hard copy might not make it here in time. Is it alright to send in the printed email copy?

Thanks for any advice! Good luck with your applications!

 

[AdamEpp7]

1. I believe it's not an issue for Canadians to get married to Americans in the US, so that shouldn't be a problem.
2. Are you looking at the Los Angeles and New York offices? US applicants are processed in Ottawa, only complicated cases (criminality, inadmissibility issues, etc) are sent to LA. New York does not process family applications anymore.

Thanks! I didn't know that the US applicants are processed in Ottawa. From what I read, getting married in the US should only be complicated for me if I intended to immigrate there, which I don't.

 

[bloewen4]

Hi Im sorry to post this on this thread but I cannot find how to make a new topic anywhere. Please help thanks

 

[wahoyaho]

Can someone help me understand what our best options is?

I'm a Canadian citizen currently working in the US. I met my wife (China citizenship) here and we have been married for about one year and have a baby together.

What is the best way for us to move back to Canada and to get her a work permit asap?

Right now it sounds like the best way to do this would be for her to apply for a visitor visa to go to Canada with me and the baby, and then filing for family sponsorship and open work permit concurrently once we land and settle down.

Is this correct? Or is there another (better) way?