Spousal sponsorship

[curious_one]

Unfortunately, if you applied inland, it is not even safe for him to leave after first stage approval. If he is gone too long and they find out, they will refuse your application as he is no longer residing in Canada. Same if he leaves and can't get back in for some reason. Taking the risk to leave is up to him. Some people have done it and been fine and some have been burned and had to apply again or apply again outland if they couldn't get back into Canada.

If your employer wants to hire him, have they tried applying for an LMO for him? With an LMO, he could apply for a regular work permit. He is also allowed to take short courses as long at they are completed before his TRV's expire and do not lead to college credits.

Thanks Leon for getting back to me as quick as you did. My employer does not have an open LMO for the position they are offering him and applying for the LMO and then a work permit I understand can take months as the employer has to advertise for the position for some time prior to having the LMO approved. The process is tricky in itself. The company does have open LMO's for other positions but that is for jobs in other parts of canada - we would have to relocate to the other side of the country. However they are looking into options for him right now so Im keeping my fingers crossed we find a solution soon.

As for him having the ability to leave, do you think it would be helpful at this stage to turn to the MP for assistance given our situation? Our local MP happens to be Jason Kenney, Citizenship, Immigration and Multiculturalism Minister. If so is there a chance to speak with him directly or do we have to go through channels of his office before ever getting to him? What is the best way to handle this?

Thank you in advance!

 

[Leon]

My employer does not have an open LMO for the position they are offering him and applying for the LMO and then a work permit I understand can take months as the employer has to advertise for the position for some time prior to having the LMO approved.

As far as I know, they have to advertise for 2 weeks. The LMO processing time can often be around 6 weeks. If he is visa exempt to Canada, he could go to the border with the LMO and get the work permit instantly, otherwise it would take around 7 weeks, see http://www.cic.gc.ca/english/information/times/temp.asp so maybe around 4 months all in all. You may think it is not worth it because he should be getting first stage approval soon and can apply for an open permit but think about this: What if they have questions about your application? It would be possible that his application gets sent to local office without first stage approval. That means added waiting time for an interview and no open work permit right away. With a work permit gained from an LMO, he would be able to work and get health care regardless of what happens with your sponsorship application. His status on a regular work permit is also stronger than the status of a spouse waiting for inland so if he did have to leave, it would be less likely that he would have problems returning.

As for him having the ability to leave, do you think it would be helpful at this stage to turn to the MP for assistance given our situation? Our local MP happens to be Jason Kenney, Citizenship, Immigration and Multiculturalism Minister. If so is there a chance to speak with him directly or do we have to go through channels of his office before ever getting to him? What is the best way to handle this?

I think it unlikely that you would get to see him. I am sure he is a busy guy. You would probably talk to the staff at his office. However, I am not sure what you want them to do for you. You want them to guarantee that out of all the people in this situation, your man gets a special permission to leave Canada with a guarantee of not losing his inland? I do not think they would do that. If they did, everybody would want one. You can still talk to them and see what they say. If they give you some guarantees though, get it in writing.

 

[mameelynn]

I was wondering if anyone can help me out with a question. Both my husband and I don't know the exact day we met but we know the month and year but the forms ask for a set date so what should we do? Do we just put the month and year and leave the day blank or do we need to also add a separate paper saying that we don't remember the exact date? Thanks!

 

[LYang]

Hi Leon,

I was researching about getting sponsor and reading some of your thread, its very interesting and maybe some of my question, you might answer already but i want it straight forward for mine so I need some help or good info about being able to get sponsor to live in Canada with my girlfriend. But first let me tell you my story and see what you think of what i should do. I've been dating my girlfriend for 7 years and she has been living here in the U.S. all her life since she was 2 years old. Her dad is canadian marry to his wife (us citizen). My girlfriend moved here with her mom when she was 2, leaving her dad behind a year later as her mom sponsor her dad to come to the U.S. My girlfriend has no paper work to work here in the U.S. so after she completed her high school here, she went back to Canada. Now she has an I.d and social card and able to work. She and i want to get marry, so im thinking about going to Canada to visit her and marry her and for her to sponsor me to live in Canada. and when we do get marry, can i stay with her and have her sponsor me while im living with her or do i have to come back home and wait till its being approve? And when we get marry, can i apply for work permit right away? or whats the best way to get this done without me having to go back home?

 

[Leon]

when we do get marry, can i stay with her and have her sponsor me while im living with her or do i have to come back home and wait till its being approve? And when we get marry, can i apply for work permit right away? or whats the best way to get this done without me having to go back home?

What is your status in the US?

You have the option of coming to Canada to marry your girlfriend and apply for sponsorship inland. Along with your application you can & should apply at the same time to extend your visitor status in Canada as well as apply for an open work permit. You can stay in Canada during the processing and in fact it is recommended that you don't leave, even for a short trip, because this application is for people who live in Canada and if you leave, your application may be cancelled. Another downside is that you will not get the open work permit until 11-12 months have passed. During that time, you may not work or study unless you qualify for another type of work permit or get a study permit.

If you are a US citizen or have legal status in the US, it is more often recommended that you apply outland. This still means you can stay with your girlfriend for a visit, up to 6 months at a time or you can leave for a while and come back. Your processing time might be 8-10 months to get PR and you will not be eligible for a work permit before then.

If you are not a US citizen and don't have legal status in the US, an outland application would have to go through your home country in which case you would have to look at the processing times there to see if it is a better idea to apply outland or inland.

 

[meg29]

I have a question, the VO send me an Appendix A that states " to complete information for YOU AND ALL YOUR DEPENDANTS, whether accompanying or not". My question is, do you include your sponsor spouse on this form??.. i had send mine already but leave the spouse column as blank since in my thinking my husband is not my dependent...hope somebody can enlighten me?

if ever, i should have include my sponsor spouse in the form, can i send another appendix A to the VO and attached a letter of explaination? will it not create a problem for me f I do so??..i really need advise right now, don't want to be the cause of delay for my application since our wedding anniversary is fast approaching...thank you for your advises! it be of great help..

 

[chelseaviel]

Help pls anybody...

im filling up the Generic Application form but I'm not sure about the question no. 4 (Immigration Office requested for the processing of your application) I put Manila, Philippines. Is this correct?

Thank you in advance.

 

[Ironboy]

Leon, filed Family Class Sponshorship (Spouse) app August 2011, Sponsor approval Nov.08 2011. Still not transferred to VO overseas as of today, is this unusual? Should we try to have MP enquire?
Thank you for any advice!

 

[cubesd]

Hello All,

Sorry to jump the line..

Kind of confused, so October end, I sent a query to CHC in India for the status and they replied back with a generic pdf addressed to my wife to submit the passport, pcc and landing fee (although it said submitting the passport does not approve the visa). She did the same on Nov 20 and after 2 weeks or so she had sent a query asking for the status and the reply this week was as follows: "
This Family Class application was received by our office after being forwarded by Case Processing Centre Mississauga. This application is currently pending initial review, after which we will contact the applicant directly to advise the outcome of the review and any next steps." and then the standard paragraph about the 80% of cases finalized..

Has any1 experienced this? now does this CHC in India has not yet started looking into our case? Just curious to know why they would ask us to submit the passport and then say it is pending initial review? What is the average time i should be expecting.. (although i understand it varies by case) Smiley

Any info would be greatly appreciated.

 

[visita44]

Help pls anybody...

im filling up the Generic Application form but I'm not sure about the question no. 4 (Immigration Office requested for the processing of your application) I put Manila, Philippines. Is this correct?

Thank you in advance.

Yes that's correct... They ask this because in some country there is no Canada Immigration office like some country in middle east and in the USA, you can select in which state you want your application to be processed whcih some proprle choose the office with good rating...

 

[sumant]

Hi Jatinder , please let me know when ever u receive any letter from embassy, and i do vice-versa.
thx

 

[jatinder430]

Hi Jatinder , please let me know when ever u receive any letter from embassy, and i do vice-versa.
thx

Sure, have u got ur approval?

 

[i.imran]

Hi Leon ,

i discussed my case with u a few days back ,now i have some more questions.
I m a PR since 2004 , got it renewd in 2009 then got married in pakistan ,had a baby and now returning to canada after almost 2 yrs (child on TRV and husband on study permit)
i have to file their sponsorship and u suggested me to go for inland appl but while filling application i got to knw that you can choose immigration office other than the country of nationality , provided that you have been lawfully admitted to that country for at least one year.(page 30 ,guide 5289E)

while my hubby n child r here since a few days bak.
so can i still go for inland appl and choose Buffalo as my immigration office?
also if i wasnt in ca for last 2 yrs but now intend to stay here permanently ,can they refuse my application of ground of residency requirement?

 

[Leon]

i have to file their sponsorship and u suggested me to go for inland appl but while filling application i got to knw that you can choose immigration office other than the country of nationality , provided that you have been lawfully admitted to that country for at least one year.(page 30 ,guide 5289E)

For inland, you don't choose an immigration office. You get processed in Vegreville and that is it.

while my hubby n child r here since a few days bak.
so can i still go for inland appl and choose Buffalo as my immigration office?

You mean to say you want to go for outland and choose Buffalo as your immigration office. If your husband has been admitted to Canada with a student visa that is valid for one year or longer, you can do that. However, if you are required to attend an interview, it would happen in the US. Does your husband have a visa to visit the US or could he easily get one? If the answer is no, if they were to ask him to do an interview and he can't come, you would most definitely have a problem with your application.

also if i wasnt in ca for last 2 yrs but now intend to stay here permanently ,can they refuse my application of ground of residency requirement?

You would need to be outside Canada for 3 years to lose your PR due to residency requirements. 2 years would not be a problem.

 

[chelseaviel]

Yes that's correct... They ask this because in some country there is no Canada Immigration office like some country in middle east and in the USA, you can select in which state you want your application to be processed whcih some proprle choose the office with good rating...

Thank you visita