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Spousal sponsorship

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
1) While he might be looked at harder because of his failed CEC and FSW applications, his work experience will have no bearing on the application. You will just need to supply ample proof of an ongoing relationship

2) It doesn't matter. You're in Canada and applying for residence in Canada. Canadian law is what matters here.

Get married if you want to and you're ready. If not, you can apply as a common-law couple.
 

Harshiddhi005

Hero Member
Mar 10, 2013
319
5
Category........
Visa Office......
NEW DELHI
Job Offer........
Pre-Assessed..
App. Filed.......
8-MAY-2013 REACHED CIC-M ON 10-MAY-2013
AOR Received.
1-JUNE-2013
File Transfer...
4-JUNE-2013
Med's Done....
5-FEB-2013
Passport Req..
20-JUNE-2013 REACED NEW DELHI ON 27-JUNE-2013
VISA ISSUED...
HOPEFULLY SOON
LANDED..........
HOPEFULLY SOON
is this compulsion to stay at the address u have given in application til u get ur visas??? i m staying with my parents in my birth city as my mom is not well trying to help her and my address in the application is of my husband's city... what to do??? usually all say after ppr u should stay at the address you have given in application... Can someone help me on this???
 

rayan oulad hammadi

Star Member
Sep 19, 2011
55
1
tetouan
Category........
Visa Office......
rabat
Job Offer........
Pre-Assessed..
Re: Spousal sponsorshipj

Leon said:
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?hi all, i paid all fees online i printe the reciept and i sent all document they need for my applicatipn unculding the medical for my wife on march 18. On 22 april they racieve my application and sent me an email saying they recieve my application but on 16 apr they sent me another email saying i miss the payment but im sure i already sent the copy of payment reciept what ihave to do now please




















































































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.
 

rayan oulad hammadi

Star Member
Sep 19, 2011
55
1
tetouan
Category........
Visa Office......
rabat
Job Offer........
Pre-Assessed..
Leon said:
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.
hi all, i paid all fees online i printe the reciept and i sent all document they need for my applicatipn unculding the medical for my wife on march 18. On 22 april they racieve my application and sent me an email saying they recieve my application but on 16 apr they sent me another email saying i miss the payment but im sure i already sent the copy of payment reciept what ihave to do now please
 

rayan oulad hammadi

Star Member
Sep 19, 2011
55
1
tetouan
Category........
Visa Office......
rabat
Job Offer........
Pre-Assessed..
rosellyalung said:
thanks a lot LEON for the post! god bless all of us!
hi all, i paid all fees online i printe the reciept and i sent all document they need for my applicatipn unculding the medical for my wife on march 18. On 22 april they racieve my application and sent me an email saying they recieve my application but on 16 apr they sent me another email saying i miss the payment but im sure i already sent the copy of payment reciept what ihave to do now please
 

parker24

VIP Member
Nov 26, 2011
3,324
72
124
Ontario
Category........
Visa Office......
Buffalo, NY --> Los Angeles, CA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
File Transfer...
05-06-2012
Med's Done....
16-11-2011
Passport Req..
16-11-2012
LANDED..........
04-01-2013
Harshiddhi005 said:
is this compulsion to stay at the address u have given in application til u get ur visas??? i m staying with my parents in my birth city as my mom is not well trying to help her and my address in the application is of my husband's city... what to do??? usually all say after ppr u should stay at the address you have given in application... Can someone help me on this???
Just know your passport will go to the address on file. It's okay, just make sure you have access to the mail.
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
miamore_lili said:
1- My boyfriend applied twice for PR - once for Canadian Experience and once for Federal Skill Worker. He got rejected both because they did not accept his work experience.
This will be a red flag (though he may qualify for CEC at this point, since they lowered the work experience requirement) so it will take longer but neither refusal should be grounds for a refusal of a sponsored spousal application. It IS useful if you can show the relationship started before either rejection because that will assuage any concerns it is a marriage of convenience. My first application (FSW) was refused and I was concerned it would delay the second (spousal) application, but the fact that we'd been seeing each other before I even submitted the first application definitely helped - and I had several red flags.

miamore_lili said:
2- We are Iranian and in our culture Common-law and moving in does not exist!!!
The standard for determination here is Canadian law. You may not have common-law in your own culture, but that is not material to the statutory requirements of satisfying the common-law status in Canada.

This should not be a red flag issue.

Getting married will not change the situation. The same MOC concerns due to (1) will apply whether you are common-law or married. This is under Canadian law - common-law and married are the same in this regard.
 

KKRSTNA

Full Member
Dec 17, 2012
48
0
Does anyone know the best times to book a flight to ON from California? I'm looking to be there by mid to late October this year. With money being a HUUUGE factor, just looking to save some extra cash.

Thanks! :)
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
KKRSTNA said:
Does anyone know the best times to book a flight to ON from California? I'm looking to be there by mid to late October this year. With money being a HUUUGE factor, just looking to save some extra cash.

Thanks! :)
Not sure about best time, but Priceline flies into Canada now. You have to pay round trip, but depending on the deal you get, it can be cheaper than booking a one way on a regular website.
 

nanediniz

Hero Member
Aug 2, 2012
295
3
124
Sao Paulo - Brazil
Category........
Visa Office......
Sao Paulo-Brazil
Job Offer........
Pre-Assessed..
App. Filed.......
24-01-2013
AOR Received.
never
File Transfer...
12-03-2013
Med's Done....
05-11-2012
Interview........
Waived
Passport Req..
19-09-2013
VISA ISSUED...
24-09-2013
LANDED..........
Flight booked to Oct 26th
computergeek said:
This will be a red flag (though he may qualify for CEC at this point, since they lowered the work experience requirement) so it will take longer but neither refusal should be grounds for a refusal of a sponsored spousal application. It IS useful if you can show the relationship started before either rejection because that will assuage any concerns it is a marriage of convenience. My first application (FSW) was refused and I was concerned it would delay the second (spousal) application, but the fact that we'd been seeing each other before I even submitted the first application definitely helped - and I had several red flags.

The standard for determination here is Canadian law. You may not have common-law in your own culture, but that is not material to the statutory requirements of satisfying the common-law status in Canada.

This should not be a red flag issue.

Getting married will not change the situation. The same MOC concerns due to (1) will apply whether you are common-law or married. This is under Canadian law - common-law and married are the same in this regard.

Hey Computergeek!

Reading your post above I got kind of concerned...
Before I was married to my sponsor I've applied for 3 tourists visa which were all refused and I also applied to a work visa refused as well.
On my 1st tourist visa application I sent and invite letter from my sponsor (back then we were just friends).
Does it all mean I have a huge red flag fluttering over my spouse sponsorship application? ??? :eek: :(
 

hm82

Star Member
Jul 8, 2012
161
8
Toronto
Visa Office......
New Delhi
App. Filed.......
31-Dec-2012
AOR Received.
18-Jan-2013
Med's Done....
18-Aug-2012
Passport Req..
08-Mar-2013
VISA ISSUED...
11-Apr-2013
LANDED..........
2-May-2013
computergeek said:
If you haven't heard anything that would suggest there is a problem, the decision is a positive one. The rules of procedural fairness require they inform you if there are concerns or issues they have to give you an opportunity to address them. Thus, if you haven't heard anything, this would be indicative of a positive decision.

Since you're office is ND, I'm assuming you've sent your wife's passport some time back. Normally, in such a case, e-CAS goes to "DM" when the COPR is printed and counterfoil issued.

Note that NDVO will not mail to a Canadian address - it is against Indian law to send a passport outside India via mail or courier. They will have mailed it to an address in India.
Thanks for the update. The ONLY reason i was concerned is that I have heard from many applicant the address on Principal Applicant's e-CAS changes to the Spouse's (Sponsor) Canadian address before or after a DM.

Also, are you sure about the COPR thing for ND office?

Thanks again.
hm82
 

scylla

VIP Member
Jun 8, 2010
95,810
22,089
Toronto
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Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
nanediniz said:
Hey Computergeek!

Reading your post above I got kind of concerned...
Before I was married to my sponsor I've applied for 3 tourists visa which were all refused and I also applied to a work visa refused as well.
On my 1st tourist visa application I sent and invite letter from my sponsor (back then we were just friends).
Does it all mean I have a huge red flag fluttering over my spouse sponsorship application? ??? :eek: :(
There's a good chance your file will be looked at more closely to make sure your relationship is genuine. How much more closely none of us can say.
 

lea83

Member
Apr 15, 2013
10
0
Hi
Im new to the forum so just wanted to ask if any other US outland applicants who applied in August 2012 have gotten their PR yet? We just paid our right of permanent residence fee, so in the homestretch and getting excited! Should we get our hopes up that it could happen very soon?
 

malandi

Newbie
Apr 16, 2013
2
0
Spousal sponsorship

Hi there,

I have a question and hope that someone can answer my question for me. I completed my application to sponsor my husband from the philippines, the file was sent to CPC for the first step on June 5, 2012 and on August 3, 2012 it was approved and the file was sent to the visa office in manila on Aug 14, 2012. On December we go a letter from the visa office asking for a new NBI clearance and for a NSO of non marriage, his birth certificate, and his passport. Also the asked for the sponsor to show the proof of payment of P.R fee. All these Documents that the visa office requested were sent on Jan 2013. Till now we have not heard a thing from the visa office. The last inquiry I did was on Feb 2013, they told me that he will be coming in for an interview, till now we have not heard anything from the visa office in Manila.

can anyone please try to shed some light and give me some helpful help please....
thanks
 

nanik

Member
Apr 11, 2013
11
1
Hi everyone
I have applied open work permit for my wife in january and they rejected it as it is incomplete application. Again with help of a lawyer i applied visiting visa for her which also got rejected. Reason they mentioned is {your family ties in canada and in your country of residence}.

My status in canada work permit, full time permanent job (skilled level B), eligible for CEC in next 3 months

Please give me any ideas whether to apply again or appeal or wait until i get my PR.

Thanks for your help.