Spousal sponsorship

[zstudent]

Hello Experts,

My sister came to Canada on a TRV in March 2012, we applied for her extension in September which got denied in December and she is being asked to leave. However, in the mean while she got engaged in September, and got married few days ago.

My question is, after her husband applies for inland sponsorship, how long does it take to get acknowledgment and complete process to be completed. Also, since she is now illegal here, does it affect her sponsorship application?

Thankyou,

 

[computergeek]

My sister came to Canada on a TRV in March 2012, we applied for her extension in September which got denied in December and she is being asked to leave. However, in the mean while she got engaged in September, and got married few days ago.

My question is, after her husband applies for inland sponsorship, how long does it take to get acknowledgment and complete process to be completed. Also, since she is now illegal here, does it affect her sponsorship application?

Inland or Outland application?

If she applies Inland, the public policy says she will be allowed to stay until they make a decision on the application. If she includes an open work permit application with an Inland PR application, when the first stage is done (currently six months) she will be granted an open work permit, which will restore her status.

If she applies Outland, she needs to leave Canada.

If she is under a departure order, she needs to have an application filed before the departure order becomes a deportation order AND she needs to get CBSA to agree to stay the departure order. If the departure order turns into a deportation order, she is under a lifetime ban to remain in Canada and will need an ARC to return. ARC processing times generally run 12+ months, on top of the PR application time.

 

[qtazngal]

Please anybody could clarify for me.

We are in our second stage of our application. My husband has a police record but not anything with murder, hurting anyone, theft or anything like that. He was convicted of supplying an unlicense door supervisor (bouncer) at a club he was managing. He received a small fine and thats it. No prison sentence just a fine and his own door supervisor license revoked and this is at least year and a half ago.

Now would the VO consider this as unadmissable to enter Canada?

Thanks

 

[zamleeyow]

Hi, I am a planning to apply for my PR soon..My question is what will I do If I dont want to include my ex-wife for my application because we are already 3 years separated but not yet leagally..But also I want to include my child and she is willing to cooperate in this situation? Any Advice from anyone? Thanks a lot!

 

[CanadianJeepGuy]

Salam, I read this, this morning and was over whelmed by all the info and I wish I had this when we first applied it would have helped alot. You should put it at the top to help others as I see this being a lot of important info to help with Spousal Sponsorship.
Nice Job!!!

LOL. I wish I had come across it earlier as well though it wouldn't have changed anything in our application. It would have just made it easier to know what and how much to include.
Glad you found it helpful.

 

[tuyen]

Please anybody could clarify for me.

We are in our second stage of our application. My husband has a police record but not anything with murder, hurting anyone, theft or anything like that. He was convicted of supplying an unlicense door supervisor (bouncer) at a club he was managing. He received a small fine and thats it. No prison sentence just a fine and his own door supervisor license revoked and this is at least year and a half ago.

Now would the VO consider this as unadmissable to enter Canada?

Thanks

I would advise you to speak with an immigration lawyer, because his case may not fall under the usual criminal inadmissibility rules.

Normally, when a person has a conviction on their record, it makes them inadmissible to Canada unless a minimum of five years has passed since the date of the conviction, or they've applied for rehabilitation. However, both of those conditions apply only to cases where the same crime would've resulted in a prison sentence of under 10 years if the crime had been committed in Canada. So the question is, would he have received a jail sentence of any kind had the offense taken place in Canada. In all likelihood, the answer is no.

In your husband's case, he didn't receive a sentence in his home country, but he did get a fine and (from what you said) he's been convicted, which means it will be on his police record which he will have to submit to CIC as part of his application.

All of this is addressed in the Sponsorship Guide for the applicant, and Table 1 deals with the time frames and conditions, but I would urge you to contact an immigration lawyer and pay for one hour of their time just to give you a qualified answer. The lawyer would need to consult the Criminal Code to look up your husband's exact offense and to see if it would require any jail time in Canada.

 

[CanadianJeepGuy]

Please anybody could clarify for me.

We are in our second stage of our application. My husband has a police record but not anything with murder, hurting anyone, theft or anything like that. He was convicted of supplying an unlicense door supervisor (bouncer) at a club he was managing. He received a small fine and thats it. No prison sentence just a fine and his own door supervisor license revoked and this is at least year and a half ago.

Now would the VO consider this as unadmissable to enter Canada?

Thanks

A fine is usually indicative of a misdemeanor. Doubtful that it would make him inadmissable. Though you should be open with CIC about it.
Here is the link to the CBSA and what they deem would make someone inadmissable to Canada.

http://www.cbsa-asfc.gc.ca/security-securite/admiss-eng.html

 

[erinmcc174]

This post is really helpful. I am in the middle of my application right now. I'm applying outland to the london office as I'm a UK citizen and my partner is Candian. I was just wondering, do we send all 12 forms of together??

Any advice ofr help in this would be great as there are so many forms its very confusing.

Thanks

 

[tuyen]

This post is really helpful. I am in the middle of my application right now. I'm applying outland to the london office as I'm a UK citizen and my partner is Candian. I was just wondering, do we send all 12 forms of together??

Any advice ofr help in this would be great as there are so many forms its very confusing.

The exact answer to your question is right there in the Sponsorship Guide, along with a checklist of everything you need to submit.

 

[IslandAnnie]

This post is really helpful. I am in the middle of my application right now. I'm applying outland to the london office as I'm a UK citizen and my partner is Candian. I was just wondering, do we send all 12 forms of together??

Any advice ofr help in this would be great as there are so many forms its very confusing.

Thanks

Yes, all forms for Sponsor and Applicant (as well as all supporting documents) go together in one package.

 

[parker24]

Hi, I am a planning to apply for my PR soon..My question is what will I do If I dont want to include my ex-wife for my application because we are already 3 years separated but not yet leagally..But also I want to include my child and she is willing to cooperate in this situation? Any Advice from anyone? Thanks a lot!

Talk to your ex-wife. For one, you don't include her anyway, she is exactly that, your ex-wife. If your wife will consent to your child being checked out medically, then that's great! But make it clear to your ex that you cannot just take the child out of the country, you would always need a letter from her saying she knows that you are taking the child. If you are getting married or are married, to your current S.O. then you DO have to get it legally done so that you are divorced. If you are applying common law, ignore that last sentence

 

[computergeek]

Talk to your ex-wife. For one, you don't include her anyway, she is exactly that, your ex-wife.

I think you might have missed where he said they are separated but not legally divorced.

 

[parker24]

I think you might have missed where he said they are separated but not legally divorced.

Nah I caught that, but I was under the understanding that she wouldn't need to be medically tested or anything would she?

 

[computergeek]

Nah I caught that, but I was under the understanding that she wouldn't need to be medically tested or anything would she?

Because they are still legally married, he must declare her. What I was trying to do was get the visa officer to decide not to examine her (which is easiest on him) given that they've been separated for three years. Otherwise, they'll have to get affidavits stating they understand that if she is not examined she cannot be sponsored as a member of the family class in the future and that always slows things down.

 

[qtazngal]

A fine is usually indicative of a misdemeanor. Doubtful that it would make him inadmissable. Though you should be open with CIC about it.
Here is the link to the CBSA and what they deem would make someone inadmissable to Canada.

http://www.cbsa-asfc.gc.ca/security-securite/admiss-eng.html

Hi CJG
Thanks. I thought so too. But just wanted to make sure. I may talk to a lawyer just likeTuyen said earlier just in case. actually this happened 2 years ago and yes we have declared it to CIC and it is also in his England police record which we handed to CIC. It just a bit worrying on what they classified as unadmissable, I did think that this would be ok.

Thanks