Spousal sponsorship

[Ran bal]

My wife application was recived in CHC Islamabad in 22 July 2011.
Remedical was done in Nov 2012, Medical recived Chc Islamabad.
Any one have idea when she get visa

 

[nanediniz]

Hi.

I am kinda newbie and I am having a hard time finding out how to insert signature on my profile, also my application timeline.
Can anyone give me a hand and tell me how? ;D

 

[Ms Malawi]

Hi.

I am kinda newbie and I am having a hard time finding out how to insert signature on my profile, also my application timeline.
Can anyone give me a hand and tell me how? ;D

You can update your profile once you have made 10 posts.. Then you can add a signature and add your timeline.

 

[nanediniz]

Thank you so much, I had no Idea!

 

[vuvugk]

i have q...i am filling out sponsorship evaluation and i am employed...so i fill num 2B and attached my option print out c and letter fro my employer..but do i also have to fill out q num 3 says ur net personal income?

 

[Veraissa]

Either one. That information is used only if they need to refund the fee - which would imply there is a problem with your application.

Ok
Thanks again!!!

 

[Princescyther]

Regarding this quote: -

'The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months.'

If im in Canada as a visitor then im only allowed in for up to 6 months? How do I avoid leaving the country if this is the case? Do you get some kind of implied status so you can stay longer while this is taking place?

 

[tamarindball]

Implied status is only granted to persons who applied inland. If outland, and your six months expire, you have to apply for an extension to stay and you only have legal/implied status while the application is processed so you're allowed to remain in Canada during that time. If your application is refused, then you would have to leave Canada by date outlined in notification.

Regarding this quote: -

'The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months.'

If im in Canada as a visitor then im only allowed in for up to 6 months? How do I avoid leaving the country if this is the case? Do you get some kind of implied status so you can stay longer while this is taking place?

So you are in the situation that you want to sponsor your foreign spouse for permanent residency of Canada and don't know where to start. Here are some tips:

Married, common law or conjugal partners

First you need to pick an application class. There are three of them: married, common-law and conjugal. For all of them, you need to prove the genuineity of your relationship. For common-law, you need to prove that you have lived together for 12 months or longer. For conjugal, you need to prove that you have combined your affairs as much as possible but there are real immigration barriers or other barriers preventing you from living together or getting married. Conjugal is the hardest to prove. For example, if your partner could get a visit visa to come to Canada for 6 months and then apply for an extension to get the full year, even though they will not be allowed to work, that is not considered an immigration barrier. An immigration barrier is if your partner tries to get a visit visa to come to Canada and is repeatedly refused. Some people have had luck with the conjugal class but try to avoid it if possible.

Outland or inland?

Now you need to decide if to apply outland or inland. If your spouse is not in Canada and can not get a visa to go to Canada, you must apply outland. That means that you will send your application to Mississauga and they will approve you as a sponsor. The time that takes is usually 1-2 months to but current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship After that, the application is forwarded to your local visa office. If your spouse is residing in a country other than the country of their nationality, you can pick which of the two visa offices you want. Otherwise it will be processed in their country of nationality. You can see the processing times here: http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp

If your spouse is staying in Canada as a visitor or on some other visa, you can pick whether you want to apply outland or inland. Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it's being processed. Inland has the downside that it's generally not advised that your spouse travels while you are waiting for your processing because it is a requirement of inland that they reside in Canada and if they are denied entry at the border for some reason, your application is gone. If an interview is required for inland, you may also have to wait a long time for it. The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months. The current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res Then the file is forwarded to your local CIC office where you live and they will contact you for a landing appointment. Getting the PR with inland usually takes 12-18 months. If an interview is required for inland, Vegreville will not give first stage approval but instead will forward the application to the local CIC office without it and you will have to wait for them to have time for your interview. In some cases that can take a year or two. If you do get the first stage approval, your spouse will usually be eligible for health care and an open work permit. It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it's tied together.

Which method to pick depends on your situation. If your spouses country of nationality has a long processing time or your spouse does not want to have to travel there for a possible interview, then inland is the way to go. For faster processing and freedom of travel during the processing time, outland would be better. You can find the application forms for inland at http://www.cic.gc.ca/english/information/applications/spouse.asp and the application forms for outland at http://www.cic.gc.ca/english/information/applications/fc.asp

Avoiding potential problems with your application

The most common reason for people to be called for an interview is that the visa officer has doubts about the relationship being genuine. It is up to you to send immigration some quality data, emails, chat logs, phone records, photos, letters and other material to prove to them that your relationship is the real thing. Other reasons you might have problems with is eligibility of the sponsor. The sponsor can not be on social assistance, can not be bankrupt and can not have a record of violent crimes or crimes against family members. If that is the case, better talk to a lawyer and get that cleared up before attempting to apply.

Dependent children

If your spouse has dependent children, they must be included in the PR application, even if they are not coming to Canada. They will need to have medicals as well to keep the option open to sponsor them later. The only way that immigration will accept the application without those medicals is if the children are no longer minors and refuse to have it or if the children are in the full custody of their other parent who refuses to make them available for medicals. In that case, your spouse needs to sign a statement stating that they know that they will never be able to sponsor these children to Canada in the future.

Dependent children are classified as single and either under 22 years of age or if they are older, they must have been full time students since before age 22 or dependent on their parent due to a disability or medical problem.

Refusals due to income and medicals

You will be asked to provide information about your income but you will not be denied to sponsor your spouse and dependent children because you do not make enough money. It is possible though that if you make absolutely no money at all that immigration may ask you how you plan to support yourselves.

Spouses and dependent children are also exempt from the clause about excessive demand on health care so you do not have to worry about them being refused for that reason.

Sponsoring your spouse while living in another country

If you are a Canadian citizen, you can sponsor your spouse without being in Canada but you do then have to prove that you are planning on moving to Canada when your spouse gets approved for permanent residency. Such proof can include having arranged jobs, being accepted to college, having arranged housing or letters from friends & relatives stating that they know of your plans and that you can stay with them while you look for housing etc.

If you are a PR, you must reside in Canada in order to sponsor your spouse. You can chance short vacations (remember that a Canadian vacation is generally no longer than 2 weeks) but if immigration finds out that you are not in Canada, you risk getting your application refused.

 

[Princescyther]

Ok so If i was to arrive in Canada on 1st Feb and we sent off our application on the 2nd then I would be classed as having implied status until we recieve acceptance or refusal?

Sorry im probably being stupid here but I just want to be completely sure.

Thanks for your reply!

 

[Sweden]

Ok so If i was to arrive in Canada on 1st Feb and we sent off our application on the 2nd then I would be classed as having implied status until we recieve acceptance or refusal?

Sorry im probably being stupid here but I just want to be completely sure.

Thanks for your reply!

If you send an OWP with your inland application, yes, you would have implied status.
However - given what you explained on the previous thread, I would not recommend to try and come in, as I don't think you would be granted entry to Canada.

Sweden

 

[Princescyther]

Yeah, I think your correct Sweden.

Thanks for your advice mate.

 

[byshael]

As far as I know all you need is the Divorce Decree from previous marriages and the Marriage Certificate from where your marriage took place (Honk Kong). As long as your marriage is recognized in Hong Kong and Canada, you may not need a Philippino NOS certified marriage contract (which you will not be able to obtain because your spouse is technically still married in the philippines to the previous spouse (because as you know, the philippines does not recognize a divorce performed in Canada).

thanks for the reply!!!

 

[JLJGR]

I have been following this forum and have luck with my questions so far and I still need a few answered, i dont want to have to pay for an immigration lawyer in toronto!

firstly my boyfriend and i have been living together in Toronto since 14th august 2012. He HAS to leave as per his visa indicated on the 13th august 2013. This means, as his passport will reflect, he has been in Canada 364 days and living with me that long. We just joined our bank accounts, we're in the process of getting some life insurance but otherwise we have mail to this address from both of us and can get a letter from my landlord, we have bills in our names etc. My question is- do we not qualify as we have been living together for under one year in Canada? I mean its 364 days, not 365!

I hadnt thought to worry about all this because we DID live together in Cape Town for over a year before i moved here last january (we were apart for six months). But we have absolutely no proof that we did live together. my mom owned the apartment and she can obviously verify this, as can his parents, but from what ive seen on other forums we need some mail sent to that address. I have mail but he kept his mailing address as his parents house because we weren't that concerned with our future canadian visa applications at the time and it was a pretty casual arrangement (he didnt pay rent, he just lived with me in my room). So im so stuck! Do we wait till august to hand in our application and then go with the 364 days of living together with solid proof or should i just apply now with the evidence of 6 months of our Canadian lives and some evidence (in the forms of certified letters) of our cape town cohabitation?

the reason why i am worried is because he has to leave in August, and i have to stay- we dont want to be apart for eight months to a year if we dont have to!

Thanks, I would appreciate any reply!

 

[computergeek]

I have been following this forum and have luck with my questions so far and I still need a few answered, i dont want to have to pay for an immigration lawyer in toronto!

firstly my boyfriend and i have been living together in Toronto since 14th august 2012. He HAS to leave as per his visa indicated on the 13th august 2013. This means, as his passport will reflect, he has been in Canada 364 days and living with me that long. We just joined our bank accounts, we're in the process of getting some life insurance but otherwise we have mail to this address from both of us and can get a letter from my landlord, we have bills in our names etc. My question is- do we not qualify as we have been living together for under one year in Canada? I mean its 364 days, not 365!

I hadnt thought to worry about all this because we DID live together in Cape Town for over a year before i moved here last january (we were apart for six months). But we have absolutely no proof that we did live together. my mom owned the apartment and she can obviously verify this, as can his parents, but from what ive seen on other forums we need some mail sent to that address. I have mail but he kept his mailing address as his parents house because we weren't that concerned with our future canadian visa applications at the time and it was a pretty casual arrangement (he didnt pay rent, he just lived with me in my room). So im so stuck! Do we wait till august to hand in our application and then go with the 364 days of living together with solid proof or should i just apply now with the evidence of 6 months of our Canadian lives and some evidence (in the forms of certified letters) of our cape town cohabitation?

the reason why i am worried is because he has to leave in August, and i have to stay- we dont want to be apart for eight months to a year if we dont have to!

Thanks, I would appreciate any reply!

If you apply with 364 days of living together, your application will be refused. The one year requirement is a statutory requirement - you either meet it or you don't. 364 days you don't , 365 days you do.

Basically, in your situation you have several options:

(1) You can get married, in which case the whole issue of cohabitation is moot. CIC really does prefer married couples, even though you have a legal right not to marry - but that piece of paper is a solid document that eliminates any need for them to deal with the "how long did you live together" issue. I understand if you do not wish to do so, but it is one of the options.

(2) You can make the argument you were living together in Cape Town. Since you will be just a few days short of a year and you clearly are living together in Canada, that's a fairly reasonable argument to make, especially with some evidence (e.g., support from objective people like a minister or doctor or lawyer in Cape Town) or supporting documentation (e.g., letters from family and friends).

(3) He can apply to renew his status prior to its expiration - even one day before is fine, as the regulations just say the renewal application must be received before the expiration. Even if he knows he will be refused, he's still covered by implied status until he gets the refusal. Then after you clearly have the 365 days of cohabitation required, you can submit the inland PR application along with an OWP application. If you go this route, make sure to pay the PR application fees and send a copy of the receipt along with the application to renew his status - who knows, they might just do it.

(4) He can overstay. The inland spousal PR route is unique in the ability to sponsor someone who is out of status. It is public policy not to separate spouses, and thus they will not enforce a removal order against him as long as the only issue is being out of status. If he runs into criminal problems, though, they will enforce a removal order.

I hope that helps. Good luck!

 

[091212]

Hello,

I read something about if you are granted your PR it is only valid until the time your passport expires. My (soon to be) spouse and I will be sending in our papers this summer, but his passport expires in 2016. Does that mean by 2016 if he still hasn't reached the amount of time that he has stayed in Canada to apply for Citizenship, that we have to do all the PR application again? Or does he just renew his passport and nothing happens to his PR card?

Also, we've been teaching in China for 1 year. I'm Canadian and he is Brazilian. I read that he will have to do a police check if he's lived somewhere other than Brazil for more than 6 months. The problem is, we are leaving China in April, and not getting married until July. From what I understand the police checks are only valid for 3 months. What are we to do? Because the police checks will be expired by the time we send in our application and it is beyond difficult to try to get something from China when i'm in Canada.

Any help would be great, thank you!!