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Spousal sponsorship

Leon

VIP Member
Jun 13, 2008
21,950
1,322
Job Offer........
Pre-Assessed..
Agreed. Immigration lets you know to inform them of any changes in your family composition before you land. When you landed on the visa you got as a single person having been married in the meantime, you actually committed misrepresentation. Immigration could revoke your PR for this and even if they do not, you will never be able to sponsor your wife because you did not add her to your application and she did not have her background checks and medical exam.

If your wife wants to immigrate, she will have to do it on her own.
 

Priya1982

Newbie
Jun 19, 2013
5
0
I have came back only 2 weeks before and what are the possibilities to apply under sponsorship category
..
If I submit her documents for sponsorship,, what is the possibility of accepting the docs .. Or else what are the other options other than applying on her own
 

scylla

VIP Member
Jun 8, 2010
95,714
22,020
Toronto
Category........
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
Priya1982 said:
I have came back only 2 weeks before and what are the possibilities to apply under sponsorship category
..
If I submit her documents for sponsorship,, what is the possibility of accepting the docs .. Or else what are the other options other than applying on her own
As other have said, it is now impossible for you to sponsor your wife. There is zero possibility that the application will be accepted.

The only option you have is for your wife to apply for PR on her own / indpendently (e.g. as a skilled worker, provincial nominee, etc.). There are no other options.
 

Priya1982

Newbie
Jun 19, 2013
5
0
Thanks for the clarification ,, I have some more concerns ,,,

1) My wife has changed her passport sur-name to my one and already gone for the Canadian medical as well ,, so if she applies for PNP or skilled worker ,, will it be a problem
2) If it will be a problem to apply on her own while I am working in Canada
3)what if I prevoke my PR and go back and reapply
4) how long I have to wait to reapply after prevoking the PR
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Priya1982 said:
Thanks for the clarification ,, I have some more concerns ,,,

1) My wife has changed her passport sur-name to my one and already gone for the Canadian medical as well ,, so if she applies for PNP or skilled worker ,, will it be a problem
2) If it will be a problem to apply on her own while I am working in Canada
3)what if I prevoke my PR and go back and reapply
4) how long I have to wait to reapply after prevoking the PR
1) The name is not a problem as any new application can contain her new name. It is unlikely that the medical she has just done will be of any use now. (It will expire in one year)
2) Not at all. In fact, this is now the only way.
3) Given that you committed misrepresentation, you should keep your head down and hope CIC don't revoke it. You may not get another chance.
4) See 3)

I'm really sorry this has happened, but the rules are there for a reason. We see a lot of people who get into this situation. Some appeal, but almost none ever succeed.

Regulation 117(9)(d) provides that:

117(9)(d) Excluded relationships - No foreign national may be considered a member of the family class by virtue of their relationship to a sponsor if...

the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member or a former spouse or former common-law partner of the sponsor and was not examined.

You should study the thread at http://www.canadavisa.com/canada-immigration-discussion-board/plz-need-urgent-help-regarding-submission-on-1179d-t126920.0.html as it explains in more detail.
 

Priya1982

Newbie
Jun 19, 2013
5
0
Thank you
1) will the PNP applies only for the individuals already in Canada
2) Is there any possibility her to apply for student visa while I am in Canada
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Priya1982 said:
Thank you
1) will the PNP applies only for the individuals already in Canada
2) Is there any possibility her to apply for student visa while I am in Canada
1) No, PNP is for anybody to attempt to apply for.
2) Almost certainly not unless she can demonstrate that she has no intention of staying in Canada at the end of her studies.

The burden of proof would be on her, and given the situation, I doubt that she would pass it.

Just for your extra clarification, the case at http://canlii.org/eliisa/highlight.do?text=117%289%29%28d%29&language=en&searchTitle=Canada+%28Federal%29+-+Immigration+and+Refugee+Board+of+Canada&path=/en/ca/irb/doc/2006/2006canlii71695/2006canlii71695.html&searchUrlHash=AAAAAQAJMTE3KDkpKGQpAAAAAAAAAQ almost matches yours. The appeal was denied.
 

Adam213

Full Member
Jun 13, 2013
35
0
Hi
Anyone know what next step after I did my medical exam and pay RPRF? I just get it done after Paris visa office ask me that,and how long wait for next step,I did not get any interview or passport reqeust yet
 

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
sarahmaria said:
1. If he sends his passport by courier he will be in Qatar without a passport and means to leave the country
If this happens, he would need to get a travel document from the Indian Mission.


sarahmaria said:
2. We don't know if they'll take days, weeks, or months to get his passport back.
Are they requiring his passport, or requesting it? If they are requiring it, then he will have to submit it. I've read that it can either be carried by someone on his behalf or if he sends the request from CHC to the Indian governmental agency responsible for passports he can get a letter that allows him to use a courier service.

sarahmaria said:
3. India has strict rules about mailing passports across borders.
Yes they do, but apparently there's some question about whether or not a courier constitutes "mailing". Supposedly with an appropriate letter you can get a courier to accept the passport. Some people also just put it in a courier envelope and mark it as "documents" or "visas" or something vague. But the strict safest thing is for him to either go to India while they issue the visa OR to send his passport along with someone trusted (and an authorization letter). I'd also cover it with a letter explaining the situation and requesting rapid return of the passport. That may not matter to them, but it can't hurt either.

sarahmaria said:
4. He doesn't have the time or means to quit his job in the next few weeks and go sit in Delhi for an unknown amount of time waiting for his passport.
This will likely sound harsh, but CIC doesn't care about his convenience.

sarahmaria said:
- How long is the processing time once you've submitted your application in person in Delhi?
Most people seem to get it back within 6-9 months. If it is submitted EARLY (like when they request it not when they demand it) that's pretty common. I've never seen anyone report on the time when they wait until the demand for it.

sarahmaria said:
- Can you recommend any workarounds to this issue?
Check the NDVO threads. Folks there may have more information and ideas.

Finally, I should warn you that with the foreign service workers labour action all bets are off for processing times.
 

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
Priya1982 said:
I have came back only 2 weeks before and what are the possibilities to apply under sponsorship category
..
If I submit her documents for sponsorship,, what is the possibility of accepting the docs .. Or else what are the other options other than applying on her own
This would lead to an IRPR Section 117(9)(d) rejection:

117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:
...
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
Your wife is - as a matter of regulatory definition - excluded from being considered a member of the family class for sponsorship purposes. She will have to immigrate in an economic category. Alternatively, you can surrender your PR voluntarily and reapply together.
 

Baby1990

Star Member
Oct 15, 2012
68
1
Job Offer........
Pre-Assessed..
Frndzzz plz help me.
As with my previous posts u can get that i was dependent child n had a bf and then got pr n then got marry n just 20 days before i sponsor my husband. But my husband is not living with me and he n his whole family ditch me actually. They said abuse to my parents n got that he is with me for jus pr. He is international studnther.
I wanna know that i wanna take my sponsorship application back and doesn't wanna spinsor him n taking divorce too
s that gonna affect my status in canada too or that would be okay.
Plz reply. I really need a help.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Immediately contact CIC and withdraw the sponsorship application. You have every right to do so. If you are divorcing your husband, you MUST NOT proceed with the application. That would be misrepresentation and while it will not alter your PR status, it would still be a "bad thing". You should act today. Do not delay.
 

jask

Star Member
May 24, 2013
85
4
Surrey, BC Canada
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
20-04-2014
Doc's Request.
30-09-2014
AOR Received.
15-05-2014
File Transfer...
14-06-2014
Med's Done....
06-01-2015
Interview........
28-10-2015
Baby1990 said:
Frndzzz plz help me.
As with my previous posts u can get that i was dependent child n had a bf and then got pr n then got marry n just 20 days before i sponsor my husband. But my husband is not living with me and he n his whole family ditch me actually. They said abuse to my parents n got that he is with me for jus pr. He is international studnther.
I wanna know that i wanna take my sponsorship application back and doesn't wanna spinsor him n taking divorce too
s that gonna affect my status in canada too or that would be okay.
Plz reply. I really need a help.
And please report to Immigration fraud department too..
 

LaylaLala

Star Member
Nov 21, 2012
177
4
Ontario, CA
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
23-Jan-2013
AOR Received.
13-Feb2013
Med's Request
17-Nov-2013
Med's Done....
4-Dec-2013
Interview........
29-Apr-2014
LANDED..........
29-Apr-2014
Hello everyone. One member created this petition for CIC to process our applications on Change.org We don't know how much this will help, but there's no harm in trying. Just thought I should share.

https://www.change.org/en-CA/petitions/canadian-and-immigration-canada-process-family-class-permanent-residency-applications-in-a-timely-manner
 

baba1234

Hero Member
Aug 4, 2011
222
12
Mr LEON AND OTHER SENIORS PLEASE LET ME KNOW CAN I VISIT MY COUNTRY DURING PENDING APPLICATION FOR SPOUSAL SPONSORSHIP.