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Spousal sponsorship

Chhamgi Lama

Newbie
Dec 17, 2012
2
0
Hello Everyone, Am from Nepal. I had an interview on 29th February, 2013 and turned down, I got my Passport back after 2 months but till now my husband haven't got his appeal form for appealing process. I tried sending email to new delhi canadian high commission office so many times but haven't got any reply from them also. Do you guys know anything about appealing process? Is my husband suppose to get appeal form coz in the refusal letter they have mentioned that my husband will get appeal forms in his given address in Canada but no any package yet.
Please help us what should we do for the next process.
 

contactsm

Full Member
Jul 22, 2013
40
0
Category........
Visa Office......
NDVO
Job Offer........
Pre-Assessed..
App. Filed.......
03-01-2013
Doc's Request.
23-01-2013
AOR Received.
23-01-2013
File Transfer...
05-02-2013
Med's Request
23-01-2013
Med's Done....
03-01-2013
Passport Req..
4 march but missed mail hence sent on 7 sept
VISA ISSUED...
hopefully today
LANDED..........
hopefully tomorrow
on what grounds was ur visa rejeccted...u r scaring me
 

Chhamgi Lama

Newbie
Dec 17, 2012
2
0
I was refused cause we didn't have marriage ceremony just had legally marriage in central development office (as we are planning to have a marriage ceremony in Canada with his friends and family) and I was not able to remember the date my husband proposed me (actually we exactly don't know when he proposed me but we know where he proposed me). So the main thing which is not digested for the interview guy was unknown proposal date...and he thinks that this is not a genuine marriage.
 

I.kat

Hero Member
Jul 5, 2012
273
2
Category........
Visa Office......
Amman
Job Offer........
Pre-Assessed..
App. Filed.......
April 3, 2012
File Transfer...
July 3, 2012
Med's Request
May 22, 2013
Med's Done....
1st med-Dec 2011/ 2nd med-May 26 2013
LANDED..........
January 18 2014
vsingh89 said:
hi friend just dndt reply or send any doc ask by vo officer ur case was automatically cancel after 2 month but u will not get rprf many of my freind do it in same way..........
thanks for the reply. I will let her know she can also do it this way.
 

I.kat

Hero Member
Jul 5, 2012
273
2
Category........
Visa Office......
Amman
Job Offer........
Pre-Assessed..
App. Filed.......
April 3, 2012
File Transfer...
July 3, 2012
Med's Request
May 22, 2013
Med's Done....
1st med-Dec 2011/ 2nd med-May 26 2013
LANDED..........
January 18 2014
zardoz said:
She should formally withdraw the sponsorship application. If she doesn't and by some magic he gets approved, she might be stuck with the sponsorship support obligation for three years even if they are not together any more. The conditional PR only applies to some applications and does not apply to this one if they were both submitted in April 2012. She would get the fee back as well. She can always reapply if the relationship recovers.
If she reapplies , it will be harder to get ppr correct?
 

blitzit18

Newbie
May 27, 2013
8
0
what do i put for my last day employed on my spouse sponsorship questionare form if i am disabled and have not worked for 3 years and my last day worked was not my actual last day employed by the company. Do I just put what is on my ROE (record of employment) Or do I have to get my lawyer to contact the company to find out the exact date in which I was no longer employed?
 

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
zardoz said:
She should formally withdraw the sponsorship application. If she doesn't and by some magic he gets approved, she might be stuck with the sponsorship support obligation for three years even if they are not together any more. The conditional PR only applies to some applications and does not apply to this one if they were both submitted in April 2012. She would get the fee back as well. She can always reapply if the relationship recovers.
Note: The fee is not refunded if processing of the application has commenced. Thus with sponsor approval, the sponsor fee ($75) will not be refunded in any case. If the applicant file has started processing then the applicant fee ($475) will not be refunded. If the RPRF was paid up front, it should be refunded (though it can take a long time to get it refunded.)

If she withdraws sponsorship now and wishes to refile in the future it will be subject to heightened scrutiny. That doesn't mean they will refuse it, they will just want to know why the change of heart.
 

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
Chhamgi Lama said:
Hello Everyone, Am from Nepal. I had an interview on 29th February, 2013 and turned down, I got my Passport back after 2 months but till now my husband haven't got his appeal form for appealing process. I tried sending email to new delhi canadian high commission office so many times but haven't got any reply from them also. Do you guys know anything about appealing process? Is my husband suppose to get appeal form coz in the refusal letter they have mentioned that my husband will get appeal forms in his given address in Canada but no any package yet.
Please help us what should we do for the next process.
The refusal letter is what your sponsor will receive. The appeal forms are on the internet. See the IAD website: http://www.irb.gc.ca/Eng/tribunal/iadsai/Pages/index.aspx

Note that there is a strict time frame in which an appeal must be filed to be timely. If that time has passed, it is very unlikely that your sponsor can appeal the refusal.

The sponsor has 30 days after the refusal to appeal to the IAD.
Source: http://www.irb.gc.ca/Eng/brdcom/references/procedures/Pages/ProcessSpoPar.aspx

If the refusal was in February 2013, your sponsor should consult with legal counsel because there may be arguments that can be presented to allow a non-timely filing, but they are narrow and easily missed.

At this point your best course of action is probably to resolve the original issue and refile your application.
 

mrsldr

Star Member
May 10, 2013
168
0
Category........
Visa Office......
Abu Dhabi
Job Offer........
Pre-Assessed..
App. Filed.......
September 12, 2013
Doc's Request.
from ADVO- December 09, 2013
AOR Received.
from ADVO- December 09, 2013
File Transfer...
to ADVO- September 30, 2013
Med's Done....
July 07, 2013
Interview........
waive!!!!
Passport Req..
april 16, 2014
VISA ISSUED...
april 29, 2014. Passport sent back to me: May 6, 2014
LANDED..........
July.........
hello. for the sponsor form there is a question stating that

IF THE SPONSOR IS INELIGIBLE TO SPONSOR

a. withdraw the sponsorship application etc
b. proceed with the application for permanent residence.

thanks
 

waitingonforever

Hero Member
Jun 11, 2013
444
20
Ontario
Category........
Visa Office......
Kingston
Job Offer........
Pre-Assessed..
App. Filed.......
15-08-2012
File Transfer...
08-11-2012
Med's Request
10-10-2012
Med's Done....
15-10-2012
Interview........
13-05-2013
Passport Req..
in the hands of the visa office from the time of interview/ DM October 20/2013
VISA ISSUED...
not soon enough
LANDED..........
couldn't be soon enough
Hello everyone!!

Quick question..."pending further review" does this mean they have reviewed my PR app further...or they need to review it further...not used to getting e-mails back from the VO..If anyone can help that would be great!!!
 

tamarindball

Hero Member
Sep 10, 2012
382
8
Ontario
Category........
FAM
Visa Office......
Kingston
App. Filed.......
November 30, 2012
AOR Received.
December 11, 2012
File Transfer...
January 9, 2013
Med's Done....
November 13, 2012
Pending further review to me means that there will be additional review which is pending. So yes they need to review the application further.Trust that helps.

waitingonforever said:
Hello everyone!!

Quick question..."pending further review" does this mean they have reviewed my PR app further...or they need to review it further...not used to getting e-mails back from the VO..If anyone can help that would be great!!!
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.
 

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
mrsldr said:
hello. for the sponsor form there is a question stating that

IF THE SPONSOR IS INELIGIBLE TO SPONSOR

a. withdraw the sponsorship application etc
b. proceed with the application for permanent residence.

thanks
Yes there is. Was that your question?
 

saint4peace

Star Member
Jul 11, 2012
156
15
124
Taiwan
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
June 22, 2012
AOR Received.
July 14, 2012
File Transfer...
August 29, 2012
Passport Req..
November 20, 2013
VISA ISSUED...
December 30, 2013
LANDED..........
February 12, 2014
Hi friends: Got a quick question. My wife received a request from VO to send Re-medical examination results, 4 passport photos, and updated filled out Form IMM5669 Schedule-A. No PPR yet.

Query: If she wants to complete and update the Form IMM5669 Schedule-A, does she need to mention all those jobs in filling out Question: 8 (Personal History) that she changed in last one year or so ? Because we did not realize that we should have update CIC, if the applicant changes her jobs. My wife changed 2 jobs over the past one year and was unemployed for couple of months back home.

Would this affect the application process, if she update all those changes, at once, since she has to do it now anyway.

Any advise would be highly appreciated. Thank you in advance for taking your time.