Spousal sponsorship

[Manere]

AS computergeek said - common-law is not a problem. As long as you can prove that you have lived at least for 12 months together, then you're fine. In your case, it's almost 2 years, so it should not be a problem, both to "qualify" as common-law (12 months minimum, you have more) and to prove your relationship - if you have been living together as a couple for almost 2 years, and your partner has moved to your own country to be with you, it won't be difficult to prove that you are a couple... CIC will evaluate 2 things mostly : first, if you have serious intentions to return and establish yourself in Canada (that's the sponsorship part: intention to return to Canada + criminal background for your boyfriend), and second, if you're a real couple ( and well, after living together for 2 years in your country, there should not be much doubts), and your own background (clean criminal record etc).
The process is time-consuming and confusing at times, but you can get help from the forum if needed, and after a while, it starts to make more sense.
Good luck with the process,
Sweden

I have no idea (since im new here) how to give both of you a +1 u really make me feel more confident about the situation. Thanks!!! ;D

 

[CANUSA31]

Hi Everyone, my first post here and just have a couple questions that I need clarified before we finalize our applications.

Situation: my girlfriend (common-law of 3 years now) has completed her post secondary education and was on a 1 year student visa, after school she applied for the post grad work visa and got it for 1 year.
Her work visa expires June 18th 2013 and we are planning to apply for family class sponsorship IN COUNTRY.

Question: We are planning to apply for an extension of her work visa and send it to Vergreville with the sponsorship application. On her current visa it says that she has to head back to the USA on June 18th, so IF she is denied a work visa extension does that mean she has to leave the country (which would forfeit her sponsorship application)? Basically I'm wondering does she have to be on a certain visa to apply in country for family class sponsorship? Or if the work permit gets denied can she stay up here still, but just has to quit her job and wait out the process?

-is it a good idea to send the work permit extension with the sponsorship application so early(considering her work visa doesn't expire for 6 more months), or should we wait a few months on the work visa extension.
-also in a previous post it was mentioned to include an open work permit and request one be accepted after approval of stage 1. Should I do this as well or will that look weird we she gets an extension and then they come across another application for an open work permit?

Thanks so much for any help provided, I'm so glad I found this online community without having to go pay lawyers a ton of money for just a few questions.

 

[tuyen]

Hi Everyone, my first post here and just have a couple questions that I need clarified before we finalize our applications.

Situation: my girlfriend (common-law of 3 years now) has completed her post secondary education and was on a 1 year student visa, after school she applied for the post grad work visa and got it for 1 year.
Her work visa expires June 18th 2013 and we are planning to apply for family class sponsorship IN COUNTRY.

Question: We are planning to apply for an extension of her work visa and send it to Vergreville with the sponsorship application. On her current visa it says that she has to head back to the USA on June 18th, so IF she is denied a work visa extension does that mean she has to leave the country (which would forfeit her sponsorship application)?

If you're doing an inland application for your sponsorship of her, then she will be allowed to stay in the country under that application (until you receive a yes/no decision) even if her work visa isn't extended.

As for filing the work visa extension WITH the sponsorship application, someone with direct experience on work visas should answer it for you.

 

[computergeek]

Question: We are planning to apply for an extension of her work visa and send it to Vergreville with the sponsorship application. On her current visa it says that she has to head back to the USA on June 18th, so IF she is denied a work visa extension does that mean she has to leave the country (which would forfeit her sponsorship application)? Basically I'm wondering does she have to be on a certain visa to apply in country for family class sponsorship? Or if the work permit gets denied can she stay up here still, but just has to quit her job and wait out the process?

The only basis for refusing her open work permit application would be if your sponsorship is refused. Otherwise, she is entitled to a work permit. So if you are rejected as sponsor, then she would not maintain status and would need to leave the country. Is there any reason that you think you are ineligible to sponsor?

-is it a good idea to send the work permit extension with the sponsorship application so early(considering her work visa doesn't expire for 6 more months), or should we wait a few months on the work visa extension.

Yes. This is essential.It is what gives her "implied status" until they decide on you as sponsor ("first stage") and issue her work permit.

-also in a previous post it was mentioned to include an open work permit and request one be accepted after approval of stage 1. Should I do this as well or will that look weird we she gets an extension and then they come across another application for an open work permit?

You are asking for an OWP for her after approval of stage 1. You aren't asking for that "as well" - that's what you are requesting.

Good luck!

 

[CANUSA31]

The only basis for refusing her open work permit application would be if your sponsorship is refused. Otherwise, she is entitled to a work permit. So if you are rejected as sponsor, then she would not maintain status and would need to leave the country. Is there any reason that you think you are ineligible to sponsor?

I believe I will be ok as a sponsor. We bought a condo up in Edmonton together, and we both have no criminal backgrounds etc, and I'm pretty sure all the other requirements I'm in good standing. She did a 1 year program at a trade school, and usually the post grad work visa is only allowed to be equal to the time you study for, so we kinda figured she wouldn't get an extension on it, but we're going to try anyways and see what happens.

So as long as I qualify to sponsor her they will extend her post grad work visa? Or is this where they will make their decision on the work permit, depending on if I can sponsor her and that is when Implied status comes into play since their decision on me will most likely come after her current visa expires.

You are asking for an OWP for her after approval of stage 1. You aren't asking for that "as well" - that's what you are requesting.

Good luck!

So if they extend her work visa for another year, she can continue to work even after approval of stage 1, without needing to submit another OWP?

I just get a little confused when it comes to extending the work visa while applying for a separate application.

So would you recommend me to submit the WP extension with the sponsorship application and that's it? Just the 2 at the same time?

Thanks to you and Tuyen for the help!

 

[computergeek]

So as long as I qualify to sponsor her they will extend her post grad work visa? Or is this where they will make their decision on the work permit, depending on if I can sponsor her and that is when Implied status comes into play since their decision on me will most likely come after her current visa expires.

As an inland applicant, she qualifies for an open work permit once you are approved as sponsor. So they won't extend her post grad work visa, they will issue her an inland sponsored spouse open work permit. They will work identically for her. So you aren't applying for renewal of her existing work permit, you are asking for a new open work permit on different grounds.

So if they extend her work visa for another year, she can continue to work even after approval of stage 1, without needing to submit another OWP?

Yes. She will have a work permit and may work until it expires. What is most likely is that she will become a permanent resident before it expires. When she lands they will remove her work permit, because a permanent resident does not require a temporary resident status document (like a work permit).

I had something similar happen to me. In August I applied for a renewal of my work permit. In November they sent a letter indicating they would not process the work permit renewal because I no longer required one - I'd landed as a permanent resident three weeks previous.

I just get a little confused when it comes to extending the work visa while applying for a separate application.

Technically, you aren't extending her current work permit, you are obtaining a new work permit. They are both very similar - both open permits, but one has a fixed lifetime (the post-graduate work permit) while the other does not (the inland spouse open work permit). What I'm not entirely certain of is what happens if her existing work permit expires before they process the application for her open work permit, as I've heard interpretations either way.

So would you recommend me to submit the WP extension with the sponsorship application and that's it? Just the 2 at the same time?

You should submit the application for the open work permit with the application (which includes your sponsorship application as well as her permanent resident application) and pay the applicable fee. That ensures she maintains status in Canada, even when her current work permit expires under a doctrine called "implied status", which applies as long as she has a pending application in process and remains in Canada.

 

[blondie1216]

Seasons Greetings!

Is it normal for someone from a visa exempt country to be asked to send their passport in?

 

[computergeek]

Is it normal for someone from a visa exempt country to be asked to send their passport in?

I was asked to do so (on a US passport) and the OB on this says it's at the discretion of the visa officer.

 

[blondie1216]

I was asked to do so (on a US passport) and the OB on this says it's at the discretion of the visa officer.

Thanks Computergeek.. Did they do anything with your passport? Or did they just send it back when they were finished? Also how long do you think they will have it? I am travelling 3 weeks from now ???

 

[tuyen]

I am travelling 3 weeks from now ???

Wanna bet?

 

[blondie1216]

Wanna bet?

Actually I am.. I'm the sponsor! Hubby can't move until he gets passport back. lol ;D

 

[computergeek]

Thanks Computergeek.. Did they do anything with your passport? Or did they just send it back when they were finished? Also how long do you think they will have it? I am travelling 3 weeks from now ???

They didn't do anything with my passport - just returned it along with the COPRs and some other documents (from the original application). I also was traveling in 3 weeks and included a copy of my itinerary and ticket information and requested they return the passport in time for that travel. I had it sent to someone in the US (via USPS Express Mail) who then forwarded it onwards to me (via FedEx) here in Canada (mine was issued by the LA office).

 

[CANUSA31]

Ok Computergeek, I think I have it figured out:

So with the sponsor application and the pr application I would submit this applicationadd the 'www' infront of .cic.gc because it wouldn't let me post a link) .cic.gc.ca/english/information/applications/extend-worker.asp

and what CIC would do is decide to issue her a new work permit after successful completion of Stage 1 (in the mean time she can continue to work because of implied status), and then once she has received a new work permit can continue to work until that expires but like as you said she will most likely become a permanent resident before this expires (assuming the whole process goes well and there are no delays).

 

[computergeek]

Ok Computergeek, I think I have it figured out:

So with the sponsor application and the pr application I would submit this applicationadd the 'www' infront of .cic.gc because it wouldn't let me post a link) .cic.gc.ca/english/information/applications/extend-worker.asp

and what CIC would do is decide to issue her a new work permit after successful completion of Stage 1 (in the mean time she can continue to work because of implied status), and then once she has received a new work permit can continue to work until that expires but like as you said she will most likely become a permanent resident before this expires (assuming the whole process goes well and there are no delays).

That's basically it. I would suggest that you confirm that she can continue working on the PGWP while her OWP is pending - that's not entirely clear to me. But you do have the right form.

 

[noshi11]

Please someone help clarify this for me.

My husband/Applicant is currently living in London but is a Pakistani National. We will be sending our application to the London office. Do we follow the checklist for the London Office or the Islamabad Office? We have been following the London office checklist but now we am worried we might have followed the wrong guide.