Spousal sponsorship

[markym]

Hello i just want to know if who got their approval letter by mail? How many days have you waited for it to reached sponsor's home address? Haha bec i still i haven't received mine since ecas says it was mailed last oct29. Thanks for those who have an idea abt this. godbless

 

[computergeek]

Hello i just want to know if who got their approval letter by mail? How many days have you waited for it to reached sponsor's home address? Haha bec i still i haven't received mine since ecas says it was mailed last oct29. Thanks for those who have an idea abt this. godbless

If you're in Canada you're at the outside edge of what it should take. If you are outside Canada, give it up to a month - I find mail between the US and Canada to/from the same location can take as little as four days or as long as 17 days.

 

[markym]

If you're in Canada you're at the outside edge of what it should take. If you are outside Canada, give it up to a month - I find mail between the US and Canada to/from the same location can take as little as four days or as long as 17 days.

Aaw. Im in canada. So i should've receive the mail already? Thanks for the info.. Maybe i should try asking canada post if they can check it for me..would that be possible?

 

[Sagar5187]

If your relationship is real, I'm sure you won't have any problems with the appeal. Just explain everything you can in as much detail as possible about why everybody wasn't able to be present at the wedding, and bring as much proof as you can to show that you've been in constant contact every day AFTER the wedding.

Hi Tuyan,
Thanks for your support.....
So if we put additional pics of ur getogether and all... they would acceept it in IAD. thats wht i wanna more info about.....
Cause we have daily phone calls and chats.... and that is a physical proof...
In appeal form we dont have much info to fill in..

SO where can we explain this in written to them....
Do you have any idea...

 

[tuyen]

Hi Tuyan,
Thanks for your support.....
So if we put additional pics of ur getogether and all... they would acceept it in IAD. thats wht i wanna more info about.....
Cause we have daily phone calls and chats.... and that is a physical proof...
In appeal form we dont have much info to fill in..

SO where can we explain this in written to them....
Do you have any idea...

For the specific details, I would speak with a Canadian immigration lawyer who can help you, or ask Computergeek for help. He's much more knowledgeable about nitty gritty details on these matters because he actually went through an appeal successfully.

 

[waikiki]

can someone pls tell me: if VO gives you time to send in documents in 60 days, do they mean working days or normal days?

 

[tuyen]

can someone pls tell me: if VO gives you time to send in documents in 60 days, do they mean working days or normal days?

If they didn't specify "business days", then you have to assume it means normal days.

 

[computergeek]

can someone pls tell me: if VO gives you time to send in documents in 60 days, do they mean working days or normal days?

If you need more time, you can ask the VO for more time. Generally they will grant you an extension, provided you have reasonable grounds for requesting it.

 

[computergeek]

Hi Tuyan,
Thanks for your support.....
So if we put additional pics of ur getogether and all... they would acceept it in IAD. thats wht i wanna more info about.....
Cause we have daily phone calls and chats.... and that is a physical proof...
In appeal form we dont have much info to fill in..

SO where can we explain this in written to them....
Do you have any idea...

You need to read the IAD rules for spousal appeals. http://www.irb-cisr.gc.ca/eng/brdcom/references/legjur/Pages/SpoPar.aspx

If you are not comfortable with these rules or do not understand them, you REALLY need to find an attorney to assist you. If you cannot afford one, check with legal aid societies or immigrant assistance groups in your area.

You must submit copies of all this material to the tribunal (IAD) and the Minister's representative in advance of the hearing. If you have phone calls and chat logs and pictures, you would submit copies of these things, along with any written arguments that you make.

You should order a copy of your case notes because the visa officer's concerns will be detailed in those notes. Make sure you address those concerns. Thus, the evidence you provide really must relate to those issues. Everything you presented to the VO is included, but you may supplement the record with additional information.

In order for a foreign national to be considered a spouse, common-law partner or conjugal
partner, the evidence must establish that the relationship in question, namely the marriage, the
common-law partnership or the conjugal partnership, is not a bad faith relationship. The burden
of establishing the bona fides of the marriage is on the appellant at the IAD129 but the evidence
should not be minutely scrutinized nor should North American reasoning necessarily be applied
to partners coming from another culture.130 Genuineness of a relationship should be examined
through the eyes of the parties themselves against the cultural background in which they have
lived.

http://www.irb-cisr.gc.ca/eng/brdcom/references/legjur/documents/SpoPar05_e.pdf

Key in this is what your intent was. For example, I suspect (but do not know because I have no insight into the VO's rationale):

A relationship that was entered into primarily for the purpose of acquiring any status or
privilege under the IRPA is one that was entered into in order to obtain permanent residence in
Canada or some other status or privilege. In the case of a marriage, the time at which the
relationship was entered into refers to the date of the marriage. In the case of a common-law
partnership, it refers to the date on which the partners began to cohabit in a conjugal relationship
and in the case of a conjugal partnership, it refers to the date on which the foreign national and
the sponsor began a conjugal relationship. While the focus of this branch of the test is the
intention of the partners at the time they entered into the relationship, the IAD is entitled to
examine the conduct of the couple after the relationship began in order to determine what their
intention was when they entered into the relationship.140 Only one of the partners in the
relationship need have as their primary purpose the acquisition of any status or privilege under
the Act.141 Finally, the appeal may be allowed if immigration is a factor in the relationship,
provided it is not the primary factor.

You would also be well-served to use CanLii to look at decisions in cases similar to yours. Read the decision. Try to look at why the failed applications are different than yours. Try to look at the successful appeals and figure out how the decision in their case can be applied to your case.

Since you have a genuine relationship, you need to demonstrate that to the tribunal. The tribunal (the "judge" hearing your case) doesn't know you, so you need to explain to her or him how your relationship is genuine. It is best if you base this upon examples that have previously been successful - you can cite to those other cases and point them out as part of your explanation.

Hopefully this explains a bit more about the process - and why it's a very good idea to have an experienced advocate representing your interest.

 

[Buknoy69]

Good day everyone. Im from the philippines and me and my wife are planning to sponsor me in able for me to become a pr in canada. Can anyone help me or provide me the complete list of requirements or documents to be filled up by me. My wife is a PR in montreal. Were having our baby on may next year so we want to process my papers as soon as possible. Illmappreciate all the help guys thanks in advance.

 

[tensan]

same like mine, i've submitted my pp on oct. still waiting for visa, did u check ur e'cas ?

 

[Sagar5187]

You need to read the IAD rules for spousal appeals. http://www.irb-cisr.gc.ca/eng/brdcom/references/legjur/Pages/SpoPar.aspx

If you are not comfortable with these rules or do not understand them, you REALLY need to find an attorney to assist you. If you cannot afford one, check with legal aid societies or immigrant assistance groups in your area.

You must submit copies of all this material to the tribunal (IAD) and the Minister's representative in advance of the hearing. If you have phone calls and chat logs and pictures, you would submit copies of these things, along with any written arguments that you make.

You should order a copy of your case notes because the visa officer's concerns will be detailed in those notes. Make sure you address those concerns. Thus, the evidence you provide really must relate to those issues. Everything you presented to the VO is included, but you may supplement the record with additional information.

http://www.irb-cisr.gc.ca/eng/brdcom/references/legjur/documents/SpoPar05_e.pdf

Key in this is what your intent was. For example, I suspect (but do not know because I have no insight into the VO's rationale):

You would also be well-served to use CanLii to look at decisions in cases similar to yours. Read the decision. Try to look at why the failed applications are different than yours. Try to look at the successful appeals and figure out how the decision in their case can be applied to your case.

Since you have a genuine relationship, you need to demonstrate that to the tribunal. The tribunal (the "judge" hearing your case) doesn't know you, so you need to explain to her or him how your relationship is genuine. It is best if you base this upon examples that have previously been successful - you can cite to those other cases and point them out as part of your explanation.

Hopefully this explains a bit more about the process - and why it's a very good idea to have an experienced advocate representing your interest.

Hey Computergeek

thats really usefull bit of information......
I went throught the link and websit for canada law... I guess this shoudl help...

Really appreciate your advice.. thanks a lot..

 

[seeuuu]

Hi Everyone,

I am Canadian national, living in saudi Arabia as a visitor & I applied for my husband sponsorship on Oct 02, 2012 through Canadian Embassy Mississauga, and they send me letter yesterday we have been transfer your file Abu Dhabi. Any one have any Idea how long they will take for spouse file? Also plz let me now about Police clearance the one I send its from my own back home I didnt send Saudi Arabia one do u think they will say me another one too because my husband works here in Saudi Arabia.

 

[computergeek]

Hi Everyone,

I am Canadian national, living in saudi Arabia as a visitor & I applied for my husband sponsorship on Oct 02, 2012 through Canadian Embassy Mississauga, and they send me letter yesterday we have been transfer your file Abu Dhabi. Any one have any Idea how long they will take for spouse file? Also plz let me now about Police clearance the one I send its from my own back home I didnt send Saudi Arabia one do u think they will say me another one too because my husband works here in Saudi Arabia.

You can always find this yourself on the CIC website (main page, right column "check application processing times").

This will lead you to: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

They currently report that 80% of applications are completed in 24 months.

If you dig deeper, you can find information from the open data project. It shows figures for Abu Dhabi:

20% of applications are completed in 7 months
30% of applications are completed in 8 months
50% of applications are completed in 12 months
70% of applications are completed in 19 months
80% of applications are completed in 24 months

So if you have a well-prepared application without any complications or questions, it should be done within 12 months of receipt by the visa office in Abu Dhabi.

They only need police clearance certificates for the applicant, not the sponsor. So your husband must submit PCCs for any country in which he has lived since he turned 18 for 6 months or longer.

 

[seeuuu]

Hi Computergeek,

Thank you so much for great info, I really appreciate ur time & help. Over all my all document all fully complete may be thats the reason Canadian embassy transfer in 30 days? only think I feel is police clearance, I didnt send Saudi Arabia one I submit pakistani one because my husband is pakistani national do u think they will ask me for Saudi one too? One more thing I want to ask you once they will call my husband for interview he have to go Abu Dhabi office or they will send file in Saudi Arabia office I am confuse. :'(.