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Spousal sponsorship

scylla

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Jun 8, 2010
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Alex,

I just looked through your older posts.

You're a Canadian citizen. You can leave Canada for as long as you want during the sponsorship process. The 2-3 week restriction applies to PRs only.

However if you're away from more than a couple of months, make sure you provided CIC with proof that you plan to return to Canada once your spouse's PR visa has been approved.
 

Alex_29

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Nov 22, 2012
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scylla said:
Alex,

I just looked through your older posts.

You're a Canadian citizen. You can leave Canada for as long as you want during the sponsorship process. The 2-3 week restriction applies to PRs only.

However if you're away from more than a couple of months, make sure you provided CIC with proof that you plan to return to Canada once your spouse's PR visa has been approved.
Thank you very much for your feedback! I guess I miss interpreted...I thought the rule applies to both the citizens and PR's.

I am very grateful that we have forums like this.....it sure saves a lot of time, and not to mention money, to get a quick response from experienced and knowledgeable folks in here!!

Hats of to you guys!!
 

mitemkt

Newbie
Dec 13, 2012
6
0
Hi, recently I've got Canadain PR and planning to move to Canada on April, 2013. In the attached doc of CIC, they wrote in the marriage section that I can't marry before landing in Canada as I applied as single (yet I'm single). So I'm planning to marry in my home country after few months after landing in Canada. Also it wouldn't be possible for me to go back to my home country for marriage (following the financial stand point). I would like to marry over phone. My question is that, over phone marriage is accepted to CIC? and if accepted, then how can I sponsor my wife?
 

cempjwi

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Mar 14, 2012
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mitemkt said:
Hi, recently I've got Canadain PR and planning to move to Canada on April, 2013. In the attached doc of CIC, they wrote in the marriage section that I can't marry before landing in Canada as I applied as single (yet I'm single). So I'm planning to marry in my home country after few months after landing in Canada. Also it wouldn't be possible for me to go back to my home country for marriage (following the financial stand point). I would like to marry over phone. My question is that, over phone marriage is accepted to CIC? and if accepted, then how can I sponsor my wife?
You can marry before you land but you should not do it because that will change your circumstances and it may complicate your landing. Now, I am assuming that you are coming to Canada on an immigrant class other than spousal. Things is that whatever the immigrant class you when through, you must have declared any common-law or conjugal relationship you were into. If you didnt and CIC suspects that you were into one during its processing up until landing, a new spousal sponsiorship could be denied.

CIC handbooks say that marriages by proxy (when the marrying parties are not present, whether you are or not on the phone) are accepted as long as they are legal where they took place. However, in practice, I have read that proxy marriages have been rejected by CIC. So you have two hurdles to overcome: 1. Proving that you were not in a common-law or conjugal relationship with the person you will try to sponsor during the processing of the application that brought you to Canada in the first place (if that person was not declared) and 2. having CIC accept a marriage by proxy.

I for one would wait to save money and marry presentially in your home country or any other 3rd country only after you know for sure that you can prove the above item 1 to CIC.
 

Leon

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cempjwi said:
You can marry before you land but you should not do it because that will change your circumstances and it may complicate your landing. Now, I am assuming that you are coming to Canada on an immigrant class other than spousal. Things is that whatever the immigrant class you when through, you must have declared any common-law or conjugal relationship you were into. If you didnt and CIC suspects that you were into one during its processing up until landing, a new spousal sponsiorship could be denied.
If he marries before landing, he will be obligated to add his spouse to his application before landing. This may delay his visa and landing because the spouse will have to go through background checks and medicals. If the spouse fails the medicals, they would both be refused.

If he marries before landing and does not add his spouse to this application, he will have a problem. A PR visa gained while single becomes invalid if you marry before you land. If he would disclose being married when he lands, they would refuse him to land. If he would not disclose, he would get his PR but as soon as he would try to sponsor his spouse they would know he was married when he landed and this would make him guilty of misrepresentation, he would be barred from sponsoring his spouse and could have his own PR revoked.
 

vincystress

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Jun 12, 2012
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hi can some one please tell me what they think it is dm or just a ecas mistake
1 m ecas change to dm but no input was updated it just say dm when i click every thing is the same
2 i called the call center they said cic requested my passport from cbsa
3my back ground check is compleate but he is saying my case is not done its still in process

so do i start pulling out the party shoe are is it just a mistake please help dont want to get to excited for nothing
 

blondie1216

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In a minute!
vincystress said:
hi can some one please tell me what they think it is dm or just a ecas mistake
1 m ecas change to dm but no input was updated it just say dm when i click every thing is the same
2 i called the call center they said cic requested my passport from cbsa
3my back ground check is compleate but he is saying my case is not done its still in process

so do i start pulling out the party shoe are is it just a mistake please help dont want to get to excited for nothing

Dm normally means decision made
 

Lost Canadian

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Dec 13, 2012
2
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I was born in England in 74 and came to Canada when I was 3 weeks old. I was removed for what they claim serious criminality. I did have run ins with the law and did serve a sentence over six months but was a CSO the Supreme Court judge found me no threat to society. I was torn away almost 3 months ago from my fiancé and 5 children the youngest being 2 months at the time, we have just found out my fiancé is pregnant with twins due in June 2013. We are truly lost as to what's going to happen to us and our family it is a horrible thing that has happened My past was my past and our whole future has been shattered. My children are taking thing very hard and my fiancé has been left alone to deal and financially on her maternity leave our boy now being almost 5 months is growing up without his dad my fiancé has lost her support and best friend as I have also. I need to know if anyone has anything they can offer in situations like this i lived in Canada all my life from 3 weeks to 38 and I call Canada my home it's all I know it's where I was raised its where my life is I work 2 jobs and support my family my family is now being forced to welfare because I'm not there anymore ! There's not to many cases as mine and it's very complex I know just any help plz we are praying for anything my children want there daddy back I want my family my home and my life back
 

BrazilianGirl

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scylla said:
Canada Border Agency does in fact have access to flight manifests from the airlines.

I think if your trip is a bit longer than 2-3 weeks you should be fine. Based on the posts I've seen here - people seem to run into problems once they're out of the country for 2 months or more. But that's just my observation. And to be clear - this rule applies to PR sponsors only - not citizens. Citizens can leave for as long as they want.
Ok, jumping into your conversation, it just freaked me out a bit.
My hubby is Canadian from birth, what makes him a citizen, right?
We just sent our papers in November for him to sponsor me.
Now he is coming to visit me for 3 months!! Is that a problem at all?
What would a "PR sponsor" be?
Please, HELP!!!

Thanks!!!
 

blueboom

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BrazilianGirl said:
Ok, jumping into your conversation, it just freaked me out a bit.
My hubby is Canadian from birth, what makes him a citizen, right?
We just sent our papers in November for him to sponsor me.
Now he is coming to visit me for 3 months!! Is that a problem at all?
What would a "PR sponsor" be?
Please, HELP!!!

Thanks!!!
A PR sponsor is a sponsor who is a permanent resident, I.e. not a Canadian citizen. Canadian citizens are allowed to reside outside of the country during a sponsorship application.
 

canadaiw

Newbie
May 22, 2012
2
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Hi Guys,
I have a question about the sponsorship and I hope someone will help.
Obviously you can sponsor a dependent child.
But can you sponsor a dependent child AND a grandchild.
According to the law, you can sponsor a dependent child who is a full-time student since before 22 or since MARRYING or ENTERING a COMMON-LAW RELATIONSHIP(if it happened before 22).

all in all, it looks like if your dependent child is a student and he/she has a spouse (who I think should be dependent too) and they have a child. THEY ALL CAN BE SPONSORED? Am I right?

if someone can help I would really appreciate it .
 

blondie1216

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In a minute!
Lost Canadian said:
I was born in England in 74 and came to Canada when I was 3 weeks old. I was removed for what they claim serious criminality. I did have run ins with the law and did serve a sentence over six months but was a CSO the Supreme Court judge found me no threat to society. I was torn away almost 3 months ago from my fiancé and 5 children the youngest being 2 months at the time, we have just found out my fiancé is pregnant with twins due in June 2013. We are truly lost as to what's going to happen to us and our family it is a horrible thing that has happened My past was my past and our whole future has been shattered. My children are taking thing very hard and my fiancé has been left alone to deal and financially on her maternity leave our boy now being almost 5 months is growing up without his dad my fiancé has lost her support and best friend as I have also. I need to know if anyone has anything they can offer in situations like this i lived in Canada all my life from 3 weeks to 38 and I call Canada my home it's all I know it's where I was raised its where my life is I work 2 jobs and support my family my family is now being forced to welfare because I'm not there anymore ! There's not to many cases as mine and it's very complex I know just any help plz we are praying for anything my children want there daddy back I want my family my home and my life back

Sounds like you need to get a lawyer and try to figure out the best possible options for yourself.. As far as here is concerned.. One of our senior members like computer geek would be better off helping. He'll be around shortly so hold tight.

Good luck.
 

Carli

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Dec 8, 2012
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Thanks Leon, this was so very informative, you have helped me so very much in some areas I wasnt sure about.
 

computergeek

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Lost Canadian said:
I was born in England in 74 and came to Canada when I was 3 weeks old. I was removed for what they claim serious criminality. I did have run ins with the law and did serve a sentence over six months but was a CSO the Supreme Court judge found me no threat to society. I was torn away almost 3 months ago from my fiancé and 5 children the youngest being 2 months at the time, we have just found out my fiancé is pregnant with twins due in June 2013. We are truly lost as to what's going to happen to us and our family it is a horrible thing that has happened My past was my past and our whole future has been shattered. My children are taking thing very hard and my fiancé has been left alone to deal and financially on her maternity leave our boy now being almost 5 months is growing up without his dad my fiancé has lost her support and best friend as I have also. I need to know if anyone has anything they can offer in situations like this i lived in Canada all my life from 3 weeks to 38 and I call Canada my home it's all I know it's where I was raised its where my life is I work 2 jobs and support my family my family is now being forced to welfare because I'm not there anymore ! There's not to many cases as mine and it's very complex I know just any help plz we are praying for anything my children want there daddy back I want my family my home and my life back
Your case IS complicated. You need to work with an experienced attorney. If you cannot afford one, then you should see if you can find some non-profit organization that is willing to help you and/or your family.

Current law does say that some criminal offences can lead to being removed from Canada - it doesn't require that it be a violent crime.

At a minimum you will require a Temporary Resident Permit. From what you've said, you have a good basis for H&C grounds, but of course it's impossible to say just from the information provided if one might be granted. Further, you were removed and thus likely will require an ARC. Since you were removed for serious criminality, that's a complex ARC to obtain. If you lived with your partner for at least 12 months then she could sponsor you in the family class as well but you will still require an ARC - and possibly the TRP.

This makes your situation extremely complicated. You need to work with an experienced immigration lawyer.

Sadly, the system will chew up and spit out anyone that cannot obtain a good attorney in a case like yours.
 

Beginner

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Oct 31, 2012
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I have few questions if you can please answer me:

Q1. I only need to notarize the Photocopies of the documents not the original ones right? and original and their copies both will be attested from the foreign office?

Q2. My degree is not issued yet, can I use my transcript [attested from HEC and foreign office] to attach there in the forms?

Q3. From where can I get the job description of an IT personal to mention in my experience letter?