Spousal sponsorship

[computergeek]

well she was refused to stay in canada thats why we couldnt live together for a year thus allowing us to qualify for conjugal sponsorship. So if she comes to canada and we say get married what would the steps be then?

If you can get married you will have a difficult time meeting the threshold of impediments required for a conjugal relationship. She may have been denied to stay in Canada, but you'd have to show you had been denied to her country as well plus explain why you don't just meet in some third country and get married.

If you are married, that automatically qualifies you.

things to consider her name is on our lease she still pays rent for me and helps with bills. This doesnt Qualify for conjugal?

Not if she isn't living in Canada.

And if we are engaged or married how would we then apply? if shes living with me under a Visitors visa?

Engaged has no value under Canadian immigration law. Married means you are qualified - it's "spouse" or "partner" or "conjugal partner" as defined by the laws and regulations.

Cause she wants to come back to continue her Career in Make up and special effects for many canadian film companies.

OK, but is her primary goal to be able to work and live in Canada, or to be with you?

 

[Kriswsarafin]

she wants to live and work in Canada but LMO doesnt support her line of work. ( to apply for work visa) we tried. Unless she can work from her own freelancing but that doesn't qualify
I want to be with her in greenland or wherever it may be. But i would be sacrificing my first legit job that has given me benefits allowing me to put her on them, I would be Jeopardizing my career as an artist as well as hers as a make up artist if we were to stay in Greenland. I do plan on getting married. But i dont believe in a shot gun wedding. Which it seems Canada or any other country likes to enforce.

So if we get married and i still have to wait a year for her to be able to come back to canada?

Or can we get married in canada ?

 

[scylla]

Or can we get married in canada ?

You can certainly get married in Canada.

Another option would be to get married and applied via the inland route. With the inland route, once you have first stage approval (takes about five months), she would qualify for an open work permit.

 

[tuyen]

Hallo everybody im so pleased to have found sush a foroum so much info insight here.I am a canadian citizen i left montreal twenty years ago ant i dident pay my credid cards total about 10.000 dollars.I want now to sponsor my wife on a outland sponsorhip .Guestion i live all this years in a europian country would i have a proplem to become a sponsor .Thank you.

It won't be a problem.

The only way it would be a problem is if you're currently in a state of bankruptcy in Canada while trying to sponsor someone.

But your debt has long ago been written off by the credit card company, and any collection agencies which may have been hounding you have long since given up. The debt has already been erased from your credit profile 13 years ago, so there's no more trace of it anywhere.

 

[Bill 110]

Thanks a lot tuyen you made my day im going to contact my uncle in montreal to ask a lawyer but your post gives me hope about going back without fear of having a warrant for my arrest.

 

[tuyen]

Thanks a lot tuyen you made my day im going to contact my uncle in montreal to ask a lawyer but your post gives me hope about going back without fear of having a warrant for my arrest.

I'm not sure why you would think there would be a warrant for your arrest.

Your situation was a civil matter - it has nothing to do with the criminal justice system. The only way there would be anything to worry about from a legal standpoint is if you robbed a bank or stole that money from somebody who then reported it to the police.

But from a credit card company? No...absolutely not. It was written off ages ago, and it was sitting on your credit record for 6 years, but after that, there's no further trace of it. Even if you called up that same credit card company, they would have no idea who you were because it was so long ago and all of their closed accounts from that era have been purged many years ago.

 

[tuyen]

Hey and welcome,

This was very popular and probably still is. I think that $10,000 is going to have accrued some serious interest in 20 years, you may well find you are liable for a bill of $50,000+. Upon re-entry in to Canada you might also find that there is a warrant for your arrest. If I was you, first thing I would do is consult with a lawyer who is a financial specialist and find yourself a good accountant.

Technically I guess you can try sponsoring but this $10,000 you stole will crop up pretty quickly.

Oh my god...so you're the reason why the poor guy's crapping himself and fearing arrest. I kept reading his replies and thinking, "why is he talking about lawyers and warrants and being arrested?", so I started going back in the thread and that's when I found your reply.

The first thing to note is that it's not accurate to say, "this $10,000 you stole..." because he didn't steal it, at least not in the eyes of the law. Had he gone and robbed a bank, then yeah, you'd be 100% correct. But when you don't pay a debt to a financial lender, it's strictly a civil matter under Canadian law. After you miss 3 or 4 payments, they close your file and sell the debt to a collection agency, OR they can sue you and get a judgement against you, but this rarely happens unless the amount of money owing is considerable. So in the vast majority of cases, it goes to a collection agency who then tries to harass you into paying, but they have no legal foothold to do anything other than send you letters and annoy you with phone calls. When the original lender sells your file to a collection agency, they write you off as an R9 (credit rating score) which is the worst level. That R9 rating will remain in your credit bureau file for a period of 6 years, after which it gets automatically deleted by the system with no further action being required by you or anyone else. So after 6 years, anyone who looks at your credit profile will see no traces of that bad debt. It will be as if it never happened. The price you pay is that during those 6 years, it becomes very difficult to get a loan or even a credit card, and if somebody DOES lend you money, it will be with a higher interest rate than what the average person would pay.

But it will have absolutely no impact on him getting back into Canada, or with him trying to sponsor anyone.

 

[Leon]

It depends a bit on how the debt came about though. If he borrowed the 10,000 over time and was making payments for a while and then stopped being able to, that is one thing. If he ran up the 10,000 shortly before leaving the country and never made any payments, it could be considered fraud.

Borrowing money you know you wont be able to pay back or don't even plan to pay back is fraud. Borrowing money you think you can pay back and try to pay back is not.

 

[vips]

Kindly Help me on my Query -

I am a FSW2 applicant ( MI3).I got married after 1 week of completing my medical. I have informed cic about the change in my status and after a week of that, i have mailed my spouse's complete application to the VO. But yesterday i got COPR and PP back.

Please suggest should i send my PP now or wait for cic to ask for it.
How much time will they take to process our application( My VO is new delhi).

Thanks,

 

[tuyen]

It depends a bit on how the debt came about though. If he borrowed the 10,000 over time and was making payments for a while and then stopped being able to, that is one thing. If he ran up the 10,000 shortly before leaving the country and never made any payments, it could be considered fraud.

Borrowing money you know you wont be able to pay back or don't even plan to pay back is fraud. Borrowing money you think you can pay back and try to pay back is not.

Well, he said it was a credit card debt...so whether he made 50 payments or zero payments, it doesn't change anything because it's still a civil matter. Fraud doesn't apply UNLESS he misrepresented himself (i.e. got the credit card under a false name). But as long as his application was done properly and legally, then fraud is ruled out because of due diligence.

Before they gave him the credit card and set his credit limit, the credit card company was required to do their necessary homework (due diligence) to ascertain the applicant's credit worthiness. The fact that they granted him a credit card with a $10,000 limit shows that the financial institution did their background checks on him, and determined that he was not a high-risk case. That determination immediately places the onus back on the financial institution in case of default, and their options are limited to either suing him in civil court, or trying to recover part of the funds through a collection agency. There's no avenue by which they can have him charged or arrested for anything. He applied --> they performed due diligence --> they gave him the credit card --> they assumed the risk.

 

[tuyen]

Kindly Help me on my Query -

I am a FSW2 applicant ( MI3).I got married after 1 week of completing my medical. I have informed cic about the change in my status and after a week of that, i have mailed my spouse's complete application to the VO.

There are so many things in your posting which need to be clarified.

First of all, did you marry a Canadian citizen? Is your wife currently in Canada waiting for you? Or did you marry somebody in your home country who is not a Canadian citizen and not a Canadian permanent resident?

Second, when you say "i have mailed my spouse's complete application to the VO", I hope you mean "we have mailed BOTH of our applications to the VO", because a spousal sponsorship requires several forms to be filled out by both the sponsor AND the applicant, and they must all be submitted at the same time in the same package. But in your case, since you're technically "updating" your information, you will have to submit exactly what they ask for.

Third, your COPR is no longer valid. You have to return it and get a new one WITH your wife on the application. Do not land in Canada with your current COPR! If you land in Canada with your current COPR, you will never be allowed to sponsor your wife in the future because you didn't declare her on your application.

How much time will they take to process our application( My VO is new delhi).

The current processing times for spousal applications from the New Delhi office is 10 months.

http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

 

[vips]

Thanks Tuyen for replying.

I am in India and my spouse is also Indian.My ecas was decision made the time i have submitted my spouse's application.

I have submitted my updated forms as well as forms for her and the supporting documents with the fees. 2-3 days after submitting the application i received my passport back with COPR. My question is should i mail my passport to CHC as addition to the supporting documents or i should wait for the CHC to ask for it....

 

[tuyen]

Thanks Tuyen for replying.

I am in India and my spouse is also Indian.My ecas was decision made the time i have submitted my spouse's application.

I have submitted my updated forms as well as forms for her and the supporting documents with the fees. 2-3 days after submitting the application i received my passport back with COPR. My question is should i mail my passport to CHC as addition to the supporting documents or i should wait for the CHC to ask for it....

There's no need to send your passport at this time. Wait until they ask for it, and most likely you'll send it together with your wife's passport when they request it.

 

[mandn]

Hello. I would be so grateful if someone could answer my question.
My girlfriend and I met over 1 year ago. She is in the live in care giver program. She is close to being halfway through her care giver requirement. However after reading this (It now takes 18/19 months to received the open work permit and more 18 months for the permanent resident status and this number increase every week.)

change.org/en-CA/petitions/live-in-caregiver-program-in-canada-faster-1st-stage-of-approval-after-apply-for-pr-under-the-lcp-in-canada

I thought those time are just too long for both of us to wait for her to get PR. We want to have a family and live together and it is not possible for us to do those kind of things when she is living in another persons home. I want her to live with me and not in someone else's home.

So I decided that sponsoring her would be the fastest way for us to be more than conjugal. When we first met she was living in with her employer and we would see each other every weekend. One day she had to quit that caregiver job so she had to wait for another LMO and work permit. During this time she is living with me. But when she gets that work permit she will have to leave and live with the family.

When I apply to sponsor her our relationship has to be conjugal since we cannot live with each other legally once she gets her caregiver work permit.

Can I apply as conjugal or is her being a caregiver not an "immigration barrier" so therefore is wont be even worth trying..?

 

[scylla]

When I apply to sponsor her our relationship has to be conjugal since we cannot live with each other legally once she gets her caregiver work permit.

What advice do you have for me to prove we are conjugal?

Is there anything stopping you from getting married? I also don't think there is anything stopping you from legally living together based on the information you have provided. For example, she could quit her job, change her status to visitor and then live with you.

Based on the information you've provided so far, I don't think you face the immigration barriers that are required to qualify for conjugal.

Is there more information you have to provide that might possibly prove otherwise?