Spousal sponsorship

[keesio]

My fiancé and I are getting married sept 18th. She is an american citizen. Should she wait to start the clearance checks as her name will be changing to my last name? Obviously her passport and all documentation is in her maiden name. We want to start the outland application process as soon as possible. I guess also that she cannot begin changing her name on documents until our marriage certificate has arrived

From what I understand, it helps to have all your documents and clearance checks in the same name as your passport, because that is the most important document. The name on your passport is the name you use on the application. Consistency is the key. My wife applied under her maiden name, so everything was in her maiden name (FBI certificate, medicals, etc). Later on she updated her documents (passport) to her married name. Once that was done, we notificed CIC to update their records. Whether that cause any delay, I'm not sure, but if it did, it was minor. It's up to you if you wish to have everything updated first and then apply or go ahead before all the name change updates on your documents

Yes you need to marriage certificate to start changing her name of documents.

 

[kickb]

Hi,

i have received my visa in feb 2013 and got married in june 2013. couple of days before marriage i have mailed chc, new delhi that i am about to get married and would like to know the procedure of adding spouse in my pr as i have already received my visa approved. They did not respond to that mail. I have mailed almost 6 times to update that i got married and i have permanent job offer in Canada which would be starting in Aug and would like to do the landing formalities before august. yet i did not receive reply for any one the mails. As i could not leave the job offer i did my anding formalities on aug 08, i have again informed the port of entry officer that i got married and tried to update the chc,new delhi but they did not respond and i have email proof for the same and can show her. she did not want to c the mail or documentory proof but just stated that system have not been updated. i have asked her can i sponsor her later and she said yes i can.

I have consulted two registered agent one says i can not as i did not get my documents(landing documents) updated before i landed and other says you updated them but they did not respond and also updated the POE officer about the status. you did ur job so you can sponsor her.

now my question is can do my family sponsor visa for my spouse?

quick help would be appreciated.

 

[Leon]

i have received my visa in feb 2013 and got married in june 2013. couple of days before marriage i have mailed chc, new delhi that i am about to get married and would like to know the procedure of adding spouse in my pr as i have already received my visa approved. They did not respond to that mail. I have mailed almost 6 times to update that i got married and i have permanent job offer in Canada which would be starting in Aug and would like to do the landing formalities before august. yet i did not receive reply for any one the mails. As i could not leave the job offer i did my anding formalities on aug 08, i have again informed the port of entry officer that i got married and tried to update the chc,new delhi but they did not respond and i have email proof for the same and can show her. she did not want to c the mail or documentory proof but just stated that system have not been updated. i have asked her can i sponsor her later and she said yes i can.

I have consulted two registered agent one says i can not as i did not get my documents(landing documents) updated before i landed and other says you updated them but they did not respond and also updated the POE officer about the status. you did ur job so you can sponsor her.

now my question is can do my family sponsor visa for my spouse?

Getting married means you changed your family composition and your visa was therefore rendered invalid. The correct approach would have been to re-do all forms mentioning your wife, fill out all the forms she had to fill out, pay her fees and send the updated forms to the visa office along with your passport as your visa was no longer valid and ask that they add her to your application. I am surprised that the immigration officer allowed you to land. The immigration officer should have said sorry but you got married so your visa is invalid, go home and add your wife and get a new visa. Strictly speaking, according to the rules, you would be banned from sponsoring your wife because you did not add her before landing. However, it is possible that immigration will show you mercy because you did inform them you got married and you did ask about adding her and nobody responded to you. Of course there is a strike going on which may be why they did not respond. You should therefore try to sponsor your wife and include your story with your application as well as the proof that you informed them.

 

[kickb]

Thanks for the response.

i am including all the Emails sent to embassy and acknowledgement received from them to prove that i tried to update them marital status along with my expected landing date and also letter address the VO about the complete history of the same. Hope this would work out.

And my online case status showed that my case is closed.

By the way, one of my friend mail CHC about the update at the same time and he got the reply. stating that if ur spouse is accompanying u, send ur passport and updated form and if not then send her documents along with the respective fee.

Anyways i am planning to file my sponsorship next week and hoping for the best.

fingers crossed.

 

[mastmunda.longi]

hi..i wanna know that my gf is a canadian citizen n i m india.can she send me n my famiy aa sponser letter for visiting her.she is 19 year old n she is a student.

 

[Rob_TO]

Hi,

i have received my visa in feb 2013 and got married in june 2013. couple of days before marriage i have mailed chc, new delhi that i am about to get married and would like to know the procedure of adding spouse in my pr as i have already received my visa approved. They did not respond to that mail. I have mailed almost 6 times to update that i got married and i have permanent job offer in Canada which would be starting in Aug and would like to do the landing formalities before august. yet i did not receive reply for any one the mails. As i could not leave the job offer i did my anding formalities on aug 08, i have again informed the port of entry officer that i got married and tried to update the chc,new delhi but they did not respond and i have email proof for the same and can show her. she did not want to c the mail or documentory proof but just stated that system have not been updated. i have asked her can i sponsor her later and she said yes i can.

I have consulted two registered agent one says i can not as i did not get my documents(landing documents) updated before i landed and other says you updated them but they did not respond and also updated the POE officer about the status. you did ur job so you can sponsor her.

now my question is can do my family sponsor visa for my spouse?

As Leon mentions according to CIC rules since you didn't add your wife to your application or get her a medical exam done... she is now invalid for sponsorship. CIC may not care that you tried to add her, they may only care that the end result is you landed in Canada as single, when in fact you were married. I really don't think not getting an email response is justification to just go ahead and break the rules. Also i'm positive CIC won't care about your job offer... they may insist you should not have entered Canada until your wife was added.

The POE immigration officer allowing you to land is very strange. Perhaps they just made a mistake or were new on the job. Again though, CIC in assessing your eligibility as a sponsor may not care about this. Also how will you prove to CIC that you did inform the immigration officer that you got married during your landing interview? Did they update anything in your COPR or on their computer system and show you? You just telling them "the POE officer said it was ok" may not be suitable as proof to CIC. You can tell them the story, but without proof then they might not believe you or just say too bad.

If they do claim your wife as ineligible to sponsor, then you may have a case to appeal based on the actions of the immigration officer when you arrived. However this will almost certainly involve getting and paying a lawyer, going to court, and getting the immigration officer who did your landing to testify and admit you disclosed the marriage to them.

Hopefully all goes well and CIC simply accepts your explanation on the first try, but honestly I see a long and tough road ahead of you now to sponsor your wife.

 

[nsr]

Hi guys,

I had interview in july 2013 at LA. I was told that interview is passed and they need new medical and RCMP clearance. both of that was done and sent to them. Today Ecas updated to medical results have been received. So my question is how long for PPR now? Do they do RCMP check again internally or just RCMP clearance I send to them is enough for them.

Please share your input.

thanks

 

[tabarnouche]

Hey everybody! Specific question related to extending my visit --

Do I need a proof of entry of some kind in order to request an extension for my time in Canada? I'm American, entered March 27 of this year, and have since married my longtime Quebec girlfriend. Completed sponsorship app is going out next week and we were considering sending in a visitor extension form with that as well. The border isn't very far from here, however (like a lot of you) going through is rarely pleasant. I'd prefer to be granted an extension through the mail, but never received a visitor record, or TRV of any kind. No UCI to include with my form or even a stamp to show my date of entry. Does it matter?

Thanks!

 

[KaZRa]

Question I have been curious about..if someone comes in from another country (no Visa needed) and they have a return ticket, but do not return on that flight what happens? Is Customs notified when someone misses a flight and they track them down? I was wondering what the practice was there.

 

[computergeek]

I have consulted two registered agent one says i can not as i did not get my documents(landing documents) updated before i landed and other says you updated them but they did not respond and also updated the POE officer about the status. you did ur job so you can sponsor her.

The issue is IRPR Section 117(d)(9). What it says is that you must declare your family and permit them to be examined before you become a permanent resident. If you do not make them available, they are excluded as members of the family class.

The first agent is referring to this. The second points out that you may qualify under the exception (117(d)(10)) which says that if the visa office does not choose to examine them, then you may sponsor them.

Either position is plausible. Much of this may come down to how well you can document that you attempted to contact the visa office. If you sent them written correspondence and have evidence they received it, then it is likely you will qualify for the exception. If you just sent e-mails and cannot prove they were sent or received you may have a more difficult time convincing a tribunal or judge that this is the case.

Since you are now landed, your only option is really to proceed forward and claim the 117(d)(10) exception. In other words, you did declare your spouse to the visa office and through their failure to respond, they waived their right of examination.

I would strongly suggest you find an excellent, experienced immigration attorney (not a consultant - if they refuse this, you're going to end up in Federal Court). The sponsorship application won't be the issue, it will just be the question of whether or not your spouse is a member of the family class or is excluded by law. If the decision goes against you (e.g., the visa officer decides your spouse is not a member of the family class) then you will need to go to Federal Court and ask for review of this legal issue.

 

[Rob_TO]

The first agent is referring to this. The second points out that you may qualify under the exception (117(d)(10)) which says that if the visa office does not choose to examine them, then you may sponsor them.

Either position is plausible. Much of this may come down to how well you can document that you attempted to contact the visa office. If you sent them written correspondence and have evidence they received it, then it is likely you will qualify for the exception. If you just sent e-mails and cannot prove they were sent or received you may have a more difficult time convincing a tribunal or judge that this is the case.

First off, the poster is giving some contradictory info:

They did not respond to that mail. I have mailed almost 6 times to update that i got married and i have permanent job offer in Canada which would be starting in Aug and would like to do the landing formalities before august. yet i did not receive reply for any one the mails.

i am including all the Emails sent to embassy and acknowledgement received from them

This tells me that the poster got the usual automated response, and not a real response. So there was no indication that a CIC officer actually looked at or was aware of it.

The Operation Manual for the R117(9)(d) clause pretty clearly states that a CIC officer must explicitly give permission/approval, for a declared member of the family class to not require a medical exam and be included in the sponsor's app. There was obviously no such permission here, and the poster used the absence of a response to justify simply coming to Canada and landing. It's because of that that I can foresee problems and that CIC will say "you should have waited for a response".

 

[IvanP]

First off, the poster is giving some contradictory info:
This tells me that the poster got the usual automated response, and not a real response. So there was no indication that a CIC officer actually looked at or was aware of it.

The Operation Manual for the R117(9)(d) clause pretty clearly states that a CIC officer must explicitly give permission/approval, for a declared member of the family class to not require a medical exam and be included in the sponsor's app. There was obviously no such permission here, and the poster used the absence of a response to justify simply coming to Canada and landing. It's because of that that I can foresee problems and that CIC will say "you should have waited for a response".

On the other hand, the request was made "almost [sic] 6 times." How many times do you need to ask CIC about something before you qualify for the exception? My guess is that 5 requests, made over, say, 6 weeks with no response whatsoever from CIC, would cause a court to exercise a bit of discretion in the applicant's favor. Of course it's not guaranteed, but why enforce a harsh provision when an applicant made what, in the non-immigration world, would be considered a good-faith effort to comply.

 

[zardoz]

The bottom line is that he landed as "single" when in fact he was married.
He chose to do so, knowing that it was incorrect, leading to a potential case of misrepresentation.
I suspect that it is also outside the remit of a CBSA agent at the POE to permit an exemption at the time of landing.
He should have been refused "landing" and returned to get it resolved.

 

[IvanP]

The bottom line is that he landed as "single" when in fact he was married.
He chose to do so, knowing that it was incorrect, leading to a potential case of misrepresentation.
I suspect that it is also outside the remit of a CBSA agent at the POE to permit an exemption at the time of landing.
He should have been refused "landing" and returned to get it resolved.

You might be right. I would hope that a court would not say that a new immigrant has made a misrepresentation after that immigrant told his visa office half a dozen times that he'd gotten married before landing, but it wouldn't surprise me if the decision went the other way.

 

[UsCa]

When I applied for my OHIP . they gave me a paper which stated a number and said it will be activated after 90 days

now in couple of weeks I am completing my 90 days. and still waiting for my heathcard.

(If my healthcard doesnt arrives on time) does that mean I can still go to a doctor (after completing my 90 days.. like on 91st day) and give them my number and I will be covered ? or I have to still wait for my heathcard ?