Spousal sponsorship

[Richie Robert]

Can you please say how many canada immigration photo copies would I have to include while sending the application

 

[CanadianJeepGuy]

Hello everyone. I posted a few times on this forum but I'm not getting much replies that will help me, sometimes not getting a reply at all. Maybe posting here will get me a reply?

I am a Canadian citizen and I want to sponsor my husband who is in Iraq. We want the fastest way possible for him to be here with me because I need to start university as soon as possible. I know we have a few options, I'm just not sure which one would be best for us. My husband is working in the Iraqi military and he has not completed his education. He doesn't have a diploma, degree, or certificate of any kind. A few options I had in mind are:

1. If it is possible to get him a work permit, even though he does not have much education, we could bring him into Canada with a work permit and then apply for spouse sponsorship inland. He could then extend his work permit or get an open work permit. But I'm not sure if there's any kind of work permit he could get with his education level? Does anyone know if there is any way he can get into Canada for work in his situation?

2. We could get him a tourist visa and then apply for sponsorship inland. I understand that to get a visitor visa, we need to convince officers that he has a reason to go back at the end of his stay and will do so. I thought we could say that he has his job back at home, which is in the military, but then I was told that it wouldn't be a good idea to do that because he will be denied entry or PR or something. I got very confused because I asked a few people about this and I was told he would be denied, but I'm not sure what or how or why... He would be in Canada as a visitor and then we apply for sponsorship and then couldn't he just extend his visa?

3. Another idea would be to start the sponsorship outland (in Amman) and then get him a visitor visa? I talked to a lawyer and he said that we could do that and say that he wants to come visit me (his wife) for Eid and his reason to go back would be the military, but then other people told me this wasn't a good idea either... that when he is given his PR, he would have to go back to Amman to receive and also for the interview if there is one.

4. Our very last option would be to do the sponsorship in Amman and just wait and come back together. This is not going to work very well for us, even though it seems to be the easiest way, because I need to be back again by September 2014 for university.

More information: I don't have money in a bank account, nor do I have a bank account right now. I have never done any tax papers or anything like that as I am 19 now and I only got a job a couple days ago. Does any of this matter?

Any input or advice as to what to do would be great because we are completely lost in all this!

There is no fast way.

Since you are already married its doubtful he would get a visitor visa. He could apply for a work visa but that might take longer than just sponsoring him as your husband.

You can do a spousal sponsorship. You need only provide a pay stub as proof of earnings and include a letter stating that this is your first job.

That is my suggestion. Others may differ.

 

[Priya1982]

regarding reply 9690 - 9698,,,

Could you pls. tell me how often the immigration laws get changed..
when I tried to apply on my own, one immigration lawyer told me that since my surname in both pass port and medical documents were changed after marriage and , it will be questioned why your husband can't sponser you ,, when I state I am married and husband is in Canada. also noted it will be harmful to his PR also

Can any one pls. explain

 

[athraa.abb]

There is no fast way.

Since you are already married its doubtful he would get a visitor visa. He could apply for a work visa but that might take longer than just sponsoring him as your husband.

You can do a spousal sponsorship. You need only provide a pay stub as proof of earnings and include a letter stating that this is your first job.

That is my suggestion. Others may differ.

My lawyer told me that once we start the sponsorship visa he could come easily come into Canada as a visitor. could that be not true?

Also, if he did get a visitor visa, would he be able to come here and start the sponsorship once he's here, then just get an open work permit to keep him here? Would he be given an open work permit, even though he has little education?

 

[zardoz]

My lawyer told me that once we start the sponsorship visa he could come easily come into Canada as a visitor. could that be not true?

Also, if he did get a visitor visa, would he be able to come here and start the sponsorship once he's here, then just get an open work permit to keep him here? Would he be given an open work permit, even though he has little education?

The whole point of a visitor visa is to allow someone to "visit" and not to "move" to Canada.
It doesn't matter what YOUR reasons are for the visit, the visa officer will be expecting him to return back home after the visit. Therefore, he has to demonstrate to the visa officers satisfaction that is is what will actually happen. If he has strong ties to Canada (you) and weak ties to his home country, the chances of convincing a visa officer are very slim.

If he CAN get a visa, then assuming that he doesn't get extra restrictions imposed via a "Visitor Record" in his passport, you could try an inland application with an attached request for an OWP. This would not be granted for many months when the sponsorship part of the application is completed with a positive outcome. You are looking at supporting hem, as a visitor who is not allowed to work, for between 6 and 11 months at the moment. Just to add to this complexity, if you make an inland application, he cannot return back home, or the application will be terminated. So, if he for any reason is asked to leave because he has overstayed his visa, then it's possibly "game over".

There is a lot of experience on this forum about this subject. I'm sure others will be able to fill in more information for you.

 

[athraa.abb]

The whole point of a visitor visa is to allow someone to "visit" and not to "move" to Canada.
It doesn't matter what YOUR reasons are for the visit, the visa officer will be expecting him to return back home after the visit. Therefore, he has to demonstrate to the visa officers satisfaction that is is what will actually happen. If he has strong ties to Canada (you) and weak ties to his home country, the chances of convincing a visa officer are very slim.

If he CAN get a visa, then assuming that he doesn't get extra restrictions imposed via a "Visitor Record" in his passport, you could try an inland application with an attached request for an OWP. This would not be granted for many months when the sponsorship part of the application is completed with a positive outcome. You are looking at supporting hem, as a visitor who is not allowed to work, for between 6 and 11 months at the moment. Just to add to this complexity, if you make an inland application, he cannot return back home, or the application will be terminated. So, if he for any reason is asked to leave because he has overstayed his visa, then it's possibly "game over".

There is a lot of experience on this forum about this subject. I'm sure others will be able to fill in more information for you.

Okay. Thank you for the advice!

 

[TooCareless1]

Dear Seniors,

I am newly landed immigrant, left my family back home due to education of wife. now i want to sponsor them. I have no job yet. only i have is the bank account. can I sponsor my wife & our 10 month old son now or i need to wait for job or is there any time limit to sponsor your wife and kid. we have lived together for almost 2 years. she and my son are on my COPR as unaccompanied family members.

Thanks

 

[goodman36]

regarding reply 9690 - 9698,,,

Could you pls. tell me how often the immigration laws get changed..
when I tried to apply on my own, one immigration lawyer told me that since my surname in both pass port and medical documents were changed after marriage and , it will be questioned why your husband can't sponser you ,, when I state I am married and husband is in Canada. also noted it will be harmful to his PR also

Can any one pls. explain

Why are asking question posing as both the husband and the wife?????????

You need a very good lawyer. No one in this forum is a lawyer. You misrepresented when you landed as a PR. You got married but you didn't notify. This is a cause of revoking your PR. Speak to an experienced immigration lawyer about how you can bring your wife without having your PR card being revoked.

 

[zardoz]

Why are asking question posing as both the husband and the wife?????????

You need a very good lawyer. No one in this forum is a lawyer. You misrepresented when you landed as a PR. You got married but you didn't notify. This is a cause of revoking your PR. Speak to an experienced immigration lawyer about how you can bring your wife without having your PR card being revoked.

They are probably sharing the same username. However, your advice is the best available. They need to handle this very carefully due to the misrepresentation issue. However, if she applies independently, the misrepresentation issue may not be a problem as it will not substantially affect the outcome. I seem to remember that this is a factor that is taken into account in previous case law on CANLII. In fact, it might be exactly the reason she needs to offer for not going via sponsorship...

 

[LauraGonzalez]

Ok, it seems it was not the final decision.

They did not reject my husband's application. They got the application for PR and are asking my husband to have his children in Mexico have their medicals done.

What if his ex doesn't want to bring the children for medicals? They aren't exactly on good terms. She's not very reachable either, not sure if she does it on purpose or not. My husband is chasing after her every month just to give her child support. Plus, it's dangerous for them to travel from Matamorros to Monterrey. Are we at his ex's mercy and nothing else can be done?

How long do we have to make these children get their medicals? Are medicals all they want? Do they also have to get their passports done?

It seems very unfair if our fate is in the hands of his ex.

Does anyone know about this issue?

Thank you so much,
Laura

 

[hazamc]

It is a very sad and not fair at all. There should must be some way.

Ok, it seems it was not the final decision.

They did not reject my husband's application. They got the application for PR and are asking my husband to have his children in Mexico have their medicals done.

What if his ex doesn't want to bring the children for medicals? They aren't exactly on good terms. She's not very reachable either, not sure if she does it on purpose or not. My husband is chasing after her every month just to give her child support. Plus, it's dangerous for them to travel from Matamorros to Monterrey. Are we at his ex's mercy and nothing else can be done?

How long do we have to make these children get their medicals? Are medicals all they want? Do they also have to get their passports done?

It seems very unfair if our fate is in the hands of his ex.

Does anyone know about this issue?

Thank you so much,
Laura

 

[CanadianJeepGuy]

Ok, it seems it was not the final decision.

They did not reject my husband's application. They got the application for PR and are asking my husband to have his children in Mexico have their medicals done.

What if his ex doesn't want to bring the children for medicals? They aren't exactly on good terms. She's not very reachable either, not sure if she does it on purpose or not. My husband is chasing after her every month just to give her child support. Plus, it's dangerous for them to travel from Matamorros to Monterrey. Are we at his ex's mercy and nothing else can be done?

How long do we have to make these children get their medicals? Are medicals all they want? Do they also have to get their passports done?

It seems very unfair if our fate is in the hands of his ex.

Does anyone know about this issue?

Thank you so much,
Laura

He should do his best to get his kids examined unless he no longer wants or expects to have any association with them. CIC asks this because if they are not included they can never be sponsored at a later date. He should convince his ex it is in the children's best interest.
They would not need passports if they are not coming to Canada.

 

[computergeek]

What if his ex doesn't want to bring the children for medicals? They aren't exactly on good terms. She's not very reachable either, not sure if she does it on purpose or not. My husband is chasing after her every month just to give her child support. Plus, it's dangerous for them to travel from Matamorros to Monterrey. Are we at his ex's mercy and nothing else can be done?

Note, that the only one punished by this is the children - not your husband. Refusing to allow them to be examined now just means that if something happens in the future, he will not be allowed to sponsor them. That hurts the children, not your husband. CIC will not refuse the application in such a case.

How long do we have to make these children get their medicals? Are medicals all they want? Do they also have to get their passports done?

Yes. All they need are medicals. They don't need passports.

It seems very unfair if our fate is in the hands of his ex.

It's not. The fate of his children is. If she refuses, you should document this and provide evidence to the VO. Your husband will need to sign an affidavit giving up the right to sponsor the children in the future.

It is really sad to see an ex punishing the children as a proxy, but it does happen.

 

[Leon]

He should try to explain to the ex that getting the medicals will not allow him to steal the children from her as he is not applying for their immigration visa and they don't even have passports for that to happen anyway as well as immigration would never allow him to immigrate with the children without her consent.

He should try to explain to her that getting the medicals will allow him to sponsor the children to Canada at a later date, either if something happens to her or if the children would want this opportunity when they come of age. They will not thank her as adults for stripping them of that opportunity. Further, if the children do decide to immigrate to Canada by sponsorship of their father, they could later sponsor her, their mother, to join them.

If she denies, he should try to get it in writing or at least have a witness or two who can testify that she refused. If he can convince immigration that he tried everything in his power to get the medicals but his ex has full custody of the children and has refused, he will
not be punished and he will get his PR but the children can never be sponsored.

 

[hazamc]

Leon thanks a lot for your reply. Very well explained and very well said.

He should try to explain to the ex that getting the medicals will not allow him to steal the children from her as he is not applying for their immigration visa and they don't even have passports for that to happen anyway as well as immigration would never allow him to immigrate with the children without her consent.

He should try to explain to her that getting the medicals will allow him to sponsor the children to Canada at a later date, either if something happens to her or if the children would want this opportunity when they come of age. They will not thank her as adults for stripping them of that opportunity. Further, if the children do decide to immigrate to Canada by sponsorship of their father, they could later sponsor her, their mother, to join them.

If she denies, he should try to get it in writing or at least have a witness or two who can testify that she refused. If he can convince immigration that he tried everything in his power to get the medicals but his ex has full custody of the children and has refused, he will
not be punished and he will get his PR but the children can never be sponsored.