Spousal sponsorship

[CanadianJeepGuy]

hi guys
i have a question please help me.
i am Canadian Citizenship and i live in West Vancouver i sponsored my wife ( she is iranian) at Nov 8 2011 our application went to Canada Embassy at Ankara Turkey. and contact them and they said my application is in background check . do you guys now how long that check might take?
or is there a way that i can accelerate it ?

Once the embassy has your application then there is nothing else to do I believe. Your application seems to be moving quickly if it is already in process. I applied in May and am still waiting for my application to go in process.

 

[computergeek]

hi guys
i have a question please help me.
i am Canadian Citizenship and i live in West Vancouver i sponsored my wife ( she is iranian) at Nov 8 2011 our application went to Canada Embassy at Ankara Turkey. and contact them and they said my application is in background check . do you guys now how long that check might take?
or is there a way that i can accelerate it ?

Because of the suspension of diplomatic relations between Canada and Iran, background checks for Iran take an extended period of time in some cases (6+ months in some cases) because it is difficult for them to obtain the information and it must be done via indirect channels.

 

[haj mehdi]

Because of the suspension of diplomatic relations between Canada and Iran, background checks for Iran take an extended period of time in some cases (6+ months in some cases) because it is difficult for them to obtain the information and it must be done via indirect channels.

when do i have to start counting the 6 month? do i have to count from when the application went to in process?

 

[computergeek]

when do i have to start counting the 6 month? do i have to count from when the application went to in process?

It would be from when they ordered the background checks, which is usually around the time it goes into process. And 6+ months is a very rough estimate. I'd suggest ordering GCMS notes for the applicant every 5 weeks or so in order to track the activity. In addition, the applicant (if in Canada) can also submit a Privacy Act request to CSIS (the agency with primary responsibility for doing the background checks) and CBSA (secondary responsibility) asking them for THEIR status.

 

[arhussain]

I have a question I am about to send my spousal sponsorship for my wife who is indian, I however currently live in montreal but am moving to calgary in a 2 months, do I still have to fill out the CSQ, the Quebec forms, or can I ignore them because I wont be living there,and in my application to I put my new address or keep my montreal one. thanks

 

[IvanP]

Re: Spouse + our child

If she doesn't have your name at all, you might want to carry an authorisation as well from the mother ( if it's the same name), just in case. Otherwise, a few more questions indeed but it should be fine.
Sweden

Agree with this. Also, if not the same last name, you might want to carry the birth certificate showing you as the dad.

 

[monini05]

Hello everyone,

I have been following some of the posts, however, my situation is a bit complicated and would appreciate some opinions.

I am a Canadian citizen and my fiance is a Moroccan citizen, living in England with a student visa. We have been together for almost 2 years and I lived with him in England with a working visa for 6 months as I had to return to Canada to begin my post-secondary education. As of now, I know there is no minimum income required to sponsor a spouse so this is not an issue anymore. However, he recently had to renew his student visa and he got it denied and now he appealed, but we are just waiting for an answer.

Worst case scenario, what would happen if we marry and process the sponsorship while he waits in England with no status? Would that affect the sponsorship process?

Thank you!

 

[haj mehdi]

It would be from when they ordered the background checks, which is usually around the time it goes into process. And 6+ months is a very rough estimate. I'd suggest ordering GCMS notes for the applicant every 5 weeks or so in order to track the activity. In addition, the applicant (if in Canada) can also submit a Privacy Act request to CSIS (the agency with primary responsibility for doing the background checks) and CBSA (secondary responsibility) asking them for THEIR status.

thanks for your useful information i already apply for GCMS note but i haven't receive the answer yet, can you please guide me how to apply for CSIS and CBSA? i am a canadian citizen and i live at West vancouver how can i apply for those?
and also do you think if i contact my MP does it gonna help and accelerate the process?

 

[haj mehdi]

It would be from when they ordered the background checks, which is usually around the time it goes into process. And 6+ months is a very rough estimate. I'd suggest ordering GCMS notes for the applicant every 5 weeks or so in order to track the activity. In addition, the applicant (if in Canada) can also submit a Privacy Act request to CSIS (the agency with primary responsibility for doing the background checks) and CBSA (secondary responsibility) asking them for THEIR status.

thanks for your useful information i already apply for GCMS note but i haven't receive the answer yet, can you please guide me how to apply for CSIS and CBSA? i am a canadian citizen and i live at West vancouver how can i apply for those?
and also do you think if i contact my MP does it gonna help and accelerate the process?

 

[computergeek]

thanks for your useful information i already apply for GCMS note but i haven't receive the answer yet, can you please guide me how to apply for CSIS and CBSA? i am a canadian citizen and i live at West vancouver how can i apply for those?

and also do you think if i contact my MP does it gonna help and accelerate the process?

I hope you're enjoying our (relatively) cold but sunny winter day today then.

GCMS notes take 30 days. This time is fixed by statute and in my experience CIC sends them on the 30th day.

CSIS and CBSA are covered by the same law, so you should search their websites for information about how to make a request of them. If you are asking for information about your spouse, you will need to obtain a signed release permitting them to release that information to you. I know CIC charges $5 in that case (when you are requesting information on behalf of another person, typically because they are not in Canada) but I'm not sure if that amount is set by statute or not.

Good luck finding out what's going on.

Oh, the other thing you might consider is contacting your MP and asking them to inquire on your behalf. That seems to be effective for applications that have been waiting a long time.

 

[knirv]

Hello there

I am desesperate for any kind of help or informations or links that help.

I am married since 2010 (My wife is Canadian, originally from Quebec).we married in Toronto, ON and i applied for PR (Categorie :Spousal Sponsorship).
In Jan 2012, our file was refused with the reason that my wife works in Quebec and the residence is in Ontario. We try to explain to them with proof that my wife was travelling every 2 or 3 weeks back and forth from Quebec city to Toronto but the immigration officer just dismissed the file.
At the same time, my wife and i decided to move to Quebec city definitely, we moved at the end of January 2012 and rented a house in Quebec city close to my wife workplace. My wife and I then went to see the provinvial deputy in our region and we explained the case and he said he will help us.
In September 2012, he contacted us and said that my file was transferred from federal immigration office to the Quebec provincial parliament to be processed there. We are now on February 2013 and i have no news or anything regarding my immigration file.
Does anyone knows about the process when a file is transferred to the Quebec Provincial Parliament and how long does it take to get an answer.
Is there anyway i can track my file
Does any one knows of similar cases or links,website that speaks about this.
What do you think i should do.

I would really appreciate your help, i am completely lost

 

[cempjwi]

On Saturday Feb 9th (yes, on a saturday!) we received a communication requesting additional documents (which we expected) and these two paragraphs were among the list od requested info:

<b> Ø Paragraph 130(1)(b) states that, subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class must be a Canadian citizen or permanent resident who resides in Canada.

Based on the information you have provided, I am not satisfied that your sponsor resides in Canada from the day on which the application was filed up to now. Accordingly you may not meet the requirements of paragraph 130(1)(b) and section 120 of the Regulations.
</b>

The sponsor lives in the US with the applicant and before submitting our application we made sure that a Canadian citizen living abroad is allowed to sponsor (and in fact, Sponsorship was approved). My concern is that the agent completely disregarded the following paragraph that is right below the one he/she quoted, and that is also part of the regulation, as follows:

Paragraph 130(2), a sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

Are we missing something here? Has any other applicant whose sponsor is living outside Canada experienced this same situation? Please note that this is NOT a request from CIC to prove that the sponsor will move to Canada but rather a statement saying that it is assumed that sponsors outside Canada cannot sponsor (even when born citizens and never having sponsored before).

 

[IvanP]

On Saturday Feb 9th (yes, on a saturday!) we received a communication requesting additional documents (which we expected) and these two paragraphs were among the list od requested info:

<b> Ø Paragraph 130(1)(b) states that, subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class must be a Canadian citizen or permanent resident who resides in Canada.

Based on the information you have provided, I am not satisfied that your sponsor resides in Canada from the day on which the application was filed up to now. Accordingly you may not meet the requirements of paragraph 130(1)(b) and section 120 of the Regulations.
</b>

The sponsor lives in the US with the applicant and before submitting our application we made sure that a Canadian citizen living abroad is allowed to sponsor (and in fact, Sponsorship was approved). My concern is that the agent completely disregarded the following paragraph that is right below the one he/she quoted, and that is also part of the regulation, as follows:

Paragraph 130(2), a sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.

Are we missing something here? Has any other applicant whose sponsor is living outside Canada experienced this same situation? Please note that this is NOT a request from CIC to prove that the sponsor will move to Canada but rather a statement saying that it is assumed that sponsors outside Canada cannot sponsor (even when born citizens and never having sponsored before).

That's very strange. Your interpretation is the correct one. I would (politely/diplomatically) respond stating that you are a Canadian citizen sponsoring abroad pursuant to Paragraph 130(2), which does not require that you reside in Canada until the applicant becomes a permanent resident, and so you believe that information has been requested in error.

Either it's a clerical error, or you got the new guy who hasn't read past paragraph 1, but assert your right confidently and in writing, and I think you should be fine (and hope you are, as my family is in the exact same situation - Canadian sponsor (me) living in US, sponsoring family).

 

[IvanP]

You might also point to http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp, which is pretty clear as well:

If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad.

Obviously you'll want to provide the evidence that you plan to reside in Canada instead of the evidence that they have requested.

 

[mhmh]

Hello everyone,

I have been following some of the posts, however, my situation is a bit complicated and would appreciate some opinions.

I am a Canadian citizen and my fiance is a Moroccan citizen, living in England with a student visa. We have been together for almost 2 years and I lived with him in England with a working visa for 6 months as I had to return to Canada to begin my post-secondary education. As of now, I know there is no minimum income required to sponsor a spouse so this is not an issue anymore. However, he recently had to renew his student visa and he got it denied and now he appealed, but we are just waiting for an answer.

Worst case scenario, what would happen if we marry and process the sponsorship while he waits in England with no status? Would that affect the sponsorship process?

Thank you!

Hi monini,
I am uk student from bangladesh...I had the same situation few monthes ago..but I talked to few lawyers..they said I need ******1 year valid visa********minimum from uk to apply for Canada .....so I had to renew the visa from uk thn I applied.....
I dnt know is that different rules all or country specific??????..
Hope u,ll find the way out soon...
Good luck