Spousal sponsorship

[niraj_m]

Hi all,

Great information on this forum about spouse sponsorship program.

I need help in order to finalize what should be done next and what is the best way to get reunited with family in my current situation:

Background:
1. I am Canadian PR right now and Wife and Daughter are in home country (India)
2. I am right now working and have income stream to sustain myself/family
3. Wife and Daughter had applied for Visit Visa 10 days ago and it got rejected. "I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR based on : 1. purpose of your visit, 2. your family ties in Canada and in your country of residence, 3. your personal assets and financial status, 4. your travel history.
4. We do believe that this first Visit Visa application could have been made stronger, but we didnt believe/know that it is that important to strengthen these 4 points (you can say that we had taken it lightly. major mistake when looking in hindsight)

Options at hand:
Opt1. Apply for Visit Visa again, after giving more reasoning and supporting documents (strengthening the visit visa application)
Opt2. Apply for Dependent PR i.e. Sponsorship - Spouse and Dependent Child. Obviously this process will take about 12 months (average). After applying for this Dependent PR and then again apply for Visit Visa Stating fulling that Wife and Daughter want to visit as they cannot wait for 12 months and need to meet me and will come for temporary purpose and abide by the rules of immigration.

Various relevant question:
1. Does the fact that Dependent PR i.e. Sponsorship - Spouse and Depdendent Child application is in process have any positive implication on Visit Visa getting accepted.
2. Does writing cover letter in full honestly in the application of Visit Visa in Opt2 really help?
3. Read online about dual intent (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html) "The existence of 2 different intents is not, in itself, reason to refuse a temporary residence application. If the officer is satisfied that the applicant would leave Canada after their authorized stay, regardless of the outcome of any future potential permanent residence application, the temporary residence application may be approved." How to best utilize it?

Really at loss in terms of what is best way out right now. Want to be with family as soon as possible.

If we opt for Opt1 and it fails, then we have not option but to go for Dependent PR and then third attempt at Visit Visa after that. Is 3rd attempt at Visit Visa in this case really any worse than 2nd attempt at Visit Via in Opt2.

Worst case: If we opt for Opt2 and visit visa gets rejected again (the one done while Dependent PR application is in process). what option will I be left with? I really dont think I can sustain 10 months without meeting wife and daughter. As of now I am thinking, in this worst case I will simply go back and leave Canada PR for good.
* How many trips/ how long can I stay away from Canada and with Wife / Daughter in this duration of 10 months while sponsorship is going on?
* Do these trips have any implication the actual Dependent PR stuff?

Please help with suggestion.

Regards

 

[karan sallan]

Hlo frinds pl tell me after SA approval .Ircc send a separate email for apply csq ?

 

[JeressaM.]

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.

Hey leon. How are you? Just a quick question. I am unemployed right now cause just coming back from philippines to get married, my husband and i are in relationship for almost 6 years, we have a kid as well, born here. Before My family helping me to taking take of my kid while working, but this time they are all busy and can't rely on them now anymore. But they supporting me on my expenses. Were living on the same house. So just wondering is there any chance that i could get denied cos im unemployed? Im waiting for this september for my kid daycare so i can work part time. If my husbands gets here we will figured out how to work together while baby sits our kid. Thanks leon, hope you can give me advice!!!

 

[KRahman]

Anyone would chip in some suggestions please ?

Hey Guys, hope you all are doing great! I am applying for my wife's inland spousal PR. Almost done preparing the documents. Just wanted to know few things -

1. Should i put a cover letter stating what the supporting document is ? Like i am adding a document showing my work benefits where she is declared as my wife. It's a two page document and has no titles in it.

2. My wife holds dual nationality, one of her passport still has her ex husband's name mentioned as spouse (We are adding her divorce certificate and our marriage certificate though) Since we have to add both of her passport's first pages so is it gonna make any problem ? Correcting the info on the passport would take long time now. Don't want to delay anymore.

Thanks so much for the help!

 

[accl14accl14]

Please help. My husband is a Canadian has an application for the ship sponsor in the form, we did not have any serious mental or physical illness, but in the physical I told him I had anxiety 10 years ago I was diagnosed 3 years ago but I did not take the treatment doctor because it was expensive and very soon, in January I had a very strong response and I am taking a psychiatric treatment every 2 months and medicines, a medical examination and request a letter that said:

1) prone to anxiety
2) It is not a risk to society.
3) It can work without interference.
4) No other issues were raised.

 

[Divyu]

Hello Divyu
Hopefully you will get a response soon. I wish you good luck for that
Could you please guide me by sending a complete list of questions the I.O asked you and where was your interview ? And if it was in Delhi then who conducted it...an Indian person or a foreigner ?

Your reply is awaited
Thanks

She just tell me one thing that there is no fire in photograps so this is not marriage ...i i se them that photos but befor few days i got mail that send in pdf format...nw waiting

 

[Divyu]

Hello Divyu
Hopefully you will get a response soon. I wish you good luck for that
Could you please guide me by sending a complete list of questions the I.O asked you and where was your interview ? And if it was in Delhi then who conducted it...an Indian person or a foreigner ?

Your reply is awaited
Thanks

And she was an Indian

 

[karan sallan]

I got this email .this is SA email? We are pleased to inform that you have met the federal eligibility requirements as a sponsor. The Application for Permanent Residence for your relative(s) will be sent to a visa office for processing. The visa office will be selected based on your relative’s home address and the requirements of the Immigration and Refugee Protection Act. A confirmation letter will be sent to you once the application is sent to the visa office, informing you of the visa office selected. This confirmation letter will also provide you with instructions on how to submit an undertaking application to the Provincial government.

 

[DiNaV]

Friends,

I am looking to find an experience on how to obtain PCC for my spouse. I am currently residing in Canada as PR and after marriage next month I will be sponsoring my spouse. For the spouse sponsorship application, I understand, PCC is required to be submitted upfront in the package. What documents will be needed to obtain this PCC ?

If anyone can share their experience in this matter, would greatly appreciate.

Thanks.

 

[Narendra Modi]

Hi all
My query is...
I applied for my Aunt (Primary Applicant) & Uncle(Secondary Applicant), the visitor visa for Canada. Got Original Passport request for both.
Submitted Passports for Both at VFS on 23.05.2019
Today(28.05.2019), i Received the visa stamped passport of my Uncle.
But for my Aunt, it is still showing under process at VFS tracking.

Kindly help. Why only received one passport when both were submitted at the same time and same place ???

 

[DiNaV]

Hi all
My query is...
I applied for my Aunt (Primary Applicant) & Uncle(Secondary Applicant), the visitor visa for Canada. Got Original Passport request for both.
Submitted Passports for Both at VFS on 23.05.2019
Today(28.05.2019), i Received the visa stamped passport of my Uncle.
But for my Aunt, it is still showing under process at VFS tracking.

Kindly help. Why only received one passport when both were submitted at the same time and same place ???

Do they both have same nationality passport?

 

[Narendra Modi]

Do they both have same nationality passport?

Yes, same Nationality and almost same expiry date too viz in 2021.

 

[DiNaV]

Yes, same Nationality and almost same expiry date too viz in 2021.

Well, wait for couple of days and then see if you can contact them and ask what's hindering the process. I know from my experience that my mom's passport is of different nationality than my dad's and had encountered same issue. Dad's came, mom's took time. Also, I know my agent having quoted that some of his clients had similar issue of delay in passport stamping in-spite of being of the same nationality and submitted together. Dont want to sound pessimistic but there have been cases when visa has been approved for one applicant and rejected for another under the pretext that "visa was not granted to the applicant because it did not have sufficient reasons to prove that the applicant will return back to his/her home country". Possible that they find such a case with the Aunt's application.

 

[Narendra Modi]

Well, wait for couple of days and then see if you can contact them and ask what's hindering the process. I know from my experience that my mom's passport is of different nationality than my dad's and had encountered same issue. Dad's came, mom's took time. Also, I know my agent having quoted that some of his clients had similar issue of delay in passport stamping in-spite of being of the same nationality and submitted together. Dont want to sound pessimistic but there have been cases when visa has been approved for one applicant and rejected for another under the pretext that "visa was not granted to the applicant because it did not have sufficient reasons to prove that the applicant will return back to his/her home country". Possible that they find such a case with the Aunt's application.

Okk.. Thank you so much for your time.
Can you please advise their contact email or number where i can contact them after a couple of days if the status remains same..?
Appreciate your efforts...

 

[nikhilnvj]

Friends,

I am looking to find an experience on how to obtain PCC for my spouse. I am currently residing in Canada as PR and after marriage next month I will be sponsoring my spouse. For the spouse sponsorship application, I understand, PCC is required to be submitted upfront in the package. What documents will be needed to obtain this PCC ?

If anyone can share their experience in this matter, would greatly appreciate.

Thanks.

You will need PCC for your country of citizenship (where your spouse has lived the longest) and one for a country of current residence (if different from the country of citizenship) where they have lived for 6 months or more.

The instructions for the documents for country specific PCC can be found online or the country's local embassy's website.