Spousal sponsorship

[computergeek]

So he should just be prepared that there is a very high chance this will need to go to court. And should hence start looking for a good lawyer, and saving for whatever lawyer fees would be involved. I imagine in the ballpark of $$3-5,000, but not to sure.

Yes, that's a reasonable estimate (my own application was $3200 and then an additional $1000 when leave was granted).

I assume if the PR application was refused, it would be during stage 2? This means that it could be around 6 months-1 year from applying, to find out if his wife will be declared inadmissible by CIC. Then another 9-12 months for judicial process, and if successful then the application would continue in stage 2 for another indefinite time (correct if i'm wrong). so a total of around 2-3 years could be reasonably expected.

I've seen people report both Stage 1 and 2 refusals. If someone at CPC-M notices the issue, they can say "you are ineligible to sponsor because the person is not a member of the family class" but the visa office is certain to do a more thorough review.

In the case of a successful JR, the application would normally be sent to the Ottawa team (they tend to handle successful appeals and JRs these days). So yes, 2-3 years is a reasonable estimate of time.

Had the OP come and asked earlier, I'd have said "don't marry before you land" and once landing, I'd have said "send your COPR and updated paperwork back to the visa office". I wouldn't have counseled landing under the circumstances.

If the OP insisted on landing, I'd have made sure to note the unexamined wife on the COPR (instead of initialing it and saying you didn't have any undeclared family). That would have also put CIC in a position where they couldn't do anything (a CBSA officer could accept that explicitly and it would be binding on CIC...)

If the spouse would qualify for independent immigration, that's probably the fastest route to take (12-18 months). Barring that, going through the spousal application path is better than H&C (3-4 years).

I hate these 117(d)(9) cases. They're always really sad to see.

 

[IvanP]

I hate these 117(d)(9) cases. They're always really sad to see.

Hard not to agree with that!

Another point for the applicant to argue is that his case is not what the law was trying to prevent. He made affirmative efforts to add his spouse, which were ignored/never read by CIC, and he then informed the POE officer of the existence of his spouse, who gave him the wrong information. There's no misrepresentation in this situation, and no attempt to flout or circumvent the laws, and CIC not having its shit together leads to an insanely harsh result.

Of course, this rule always leads to insanely harsh results, so maybe that won't work.

 

[mosaab]

my inquiry about Right of Permanent Residence Fee

my application sent to the Visa office 1 month ago, i didnt pay this fee yet

what do you think :

still wait untel the visa office ask it ?
or
i have to pay it , so the VO can star processing the application ??

 

[computergeek]

Another point for the applicant to argue is that his case is not what the law was trying to prevent. He made affirmative efforts to add his spouse, which were ignored/never read by CIC, and he then informed the POE officer of the existence of his spouse, who gave him the wrong information. There's no misrepresentation in this situation, and no attempt to flout or circumvent the laws, and CIC not having its *censored word* together leads to an insanely harsh result.

Of course, this rule always leads to insanely harsh results, so maybe that won't work.

The severity of the results is why the OP would likely be granted leave - there is no review of such a decision absent the court and since the penalty is so severe it is appropriate to at least review a negative CIC decision in this matter. In my own reading of FCC decisions, I find the judges to be fairly sympathetic in such cases. But ultimately, it all boils down to whether or not you can convince a judge that this decision was wrong in law.

Legal review is done without deference to the deciding officer (unlike factual reviews, where deference is given to the tribunal officer). Thus, the judge isn't really bound by any legal analysis done by the officer.

 

[computergeek]

what do you think :

still wait untel the visa office ask it ?
or
i have to pay it , so the VO can star processing the application ??

They will start processing the application as long as the application fee is paid.

They won't issue a COPR until the RPRF is paid.

 

[mosaab]

They will start processing the application as long as the application fee is paid.

They won't issue a COPR until the RPRF is paid.

that mean, you advice me to pay it ASAP

ok , i want to pay online , where i send the paper later ?

 

[computergeek]

that mean, you advice me to pay it ASAP

I wasn't advising either way. I was merely telling you that they will start processing your application. They just will not complete processing (issuance of the COPR) until you have paid the fee.

ok , i want to pay online , where i send the paper later ?

The sponsor approval letter should tell you where the file was transferred and give you a file number. You would send a copy of the receipt there. You must also send it to CPC-M because it is CPC-M's responsibility to update your file and indicate the fee has been paid.

 

[Betina]

I wasn't advising either way. I was merely telling you that they will start processing your application. They just will not complete processing (issuance of the COPR) until you have paid the fee.

The sponsor approval letter should tell you where the file was transferred and give you a file number. You would send a copy of the receipt there. You must also send it to CPC-M because it is CPC-M's responsibility to update your file and indicate the fee has been paid.

I also haven't paid RPRF when we filed the application, but was thinking to wait with payment until they ask for it (usually when they ask for passport, they ask for the RPRF receipt, if it wasn't paid upfront, don't they?). Then they will probably say where to send the receipt also. Is that the wrong assumption?

 

[computergeek]

I also haven't paid RPRF when we filed the application, but was thinking to wait with payment until they ask for it (usually when they ask for passport, they ask for the RPRF receipt, if it wasn't paid upfront, don't they?). Then they will probably say where to send the receipt also. Is that the wrong assumption?

You might be lucky and the officer will ask you for the PPR and RPRF at the same time. In many cases, though, they ask you to have the sponsor pay the RPRF to CPC-M and when that is done then they issue the PPR. There's no requirement they do it in any particular order.

Those who get the fastest processing time send their completed application and all fees (including the RPRF) together. When the application is first entered, the fact the RPRF is paid is entered into the computer system.

 

[Betina]

You might be lucky and the officer will ask you for the PPR and RPRF at the same time. In many cases, though, they ask you to have the sponsor pay the RPRF to CPC-M and when that is done then they issue the PPR. There's no requirement they do it in any particular order.

Those who get the fastest processing time send their completed application and all fees (including the RPRF) together. When the application is first entered, the fact the RPRF is paid is entered into the computer system.

So if we pay the RPRF asap and send copies to the embassy and to CPC-M we could avoid an eventual delay. Thank you for the advice

 

[UsCa]

Normally they could punch in the numbers, but had a few friends who lost their cards, but had the paper with the health card number on it, (Canadians mind you) and they were refused at the hospital because they would have just taken a name and number from someone else. Also why there's a photo on your health card.

okay. then i will wait.. hopefully my card arrives before 90 days time..
IF not then will try going to a doc and try giving the numbers. lets see what happens

any case..will keep u updated

 

[keesio]

Normally they could punch in the numbers, but had a few friends who lost their cards, but had the paper with the health card number on it, (Canadians mind you) and they were refused at the hospital because they would have just taken a name and number from someone else. Also why there's a photo on your health card.

True. I think I recalling being told to bring photo ID with the paper. But I never needed to get medical care during that wait for a new card so I can't confirm either way.

 

[yani11]

hello everyone... my husband sponsored me from Canada (family class spouse)...I am Pakistani... he is a permanent resident...he mailed part 1 and part 2 to Canada visa office... but what is part 3??? we have to mail this form to Islamabad visa office or somewhere else??? m really very confused??? please help me

 

[anshuman]

hello friends and seniors

I would be filing an application of spouse soon. I don't know few thing
(a) For how long shall I be working to sponsor my wife? I mean how many months after getting a job can I file her application?
(b) I would be working as a general labour in a factory but that job is not fixed, its part time job and this is on call job, the agent gives a call and tell the location. would it be fine to apply?
(c) Payment is made in Cash? so how to show that the amount is actually earned?
(d) worked last year and made very few dollars during short stay in canada. No option C, I think its Income tax return? what shall I do for it


Kindly reply dear friends.
thanks in advance

 

[yani11]

hello everyone... my husband sponsored me from Canada (family class spouse)...I am Pakistani... he is a permanent resident...he mailed part 1 and part 2 to Canada visa office... but what is part 3??? we have to mail this form to Islamabad visa office or somewhere else??? m really very confused??? please help me