Spousal sponsorship

[computergeek]

If immigration will come after them because they think they are a tourist who overstayed is another matter.

CBSA would be the entity responsible and once she shows them a copy of her record of landing and they confirm it is still in force any follow-up investigation would be abandoned as there would be no basis in law. Without exit controls, they really have no way of knowing when someone leaves, which is why overstays are so simple to accomplish in Canada.

 

[Hungary]

So does that mean that if now I fly there and enter as a VISITOR saying that I am VISITING my husband (so I do have a return ticket) let's say for two weeks and they let me in... then I am allowed to stay for 2 years without asking for an extension from CIC.
OH MY GOD, only if I knew this I could've stayed there and not leave in May and we would be living happily together...
Not like this, suffering, arguing , going nuts....

Actually he called the Medical center (or how you call that office in CA) and they told him, that he CAN enroll me and the kids under his Medicare , even if we are there with no other status only as visitors. The kids MUST be covered...

How on Earth can I find out the processing time if I do ask for a H&C consideration? it would be the worst option for me to renounce my PR, right?!
Ohhhhhh and all that money we payed for the Sponsorship???? and all our documents are sitting there in CPC M ..... :-X

 

[computergeek]

So does that mean that if now I fly there and enter as a VISITOR saying that I am VISITING my husband (so I do have a return ticket) let's say for two weeks and they let me in... then I am allowed to stay for 2 years without asking for an extension from CIC.
OH MY GOD, only if I knew this I could've stayed there and not leave in May and we would be living happily together...
Not like this, suffering, arguing , going nuts....

Yes, that is exactly what I'm saying (and I think it is what Leon meant as well).

Actually he called the Medical center (or how you call that office in CA) and they told him, that he CAN enroll me and the kids under his Medicare , even if we are there with no other status only as visitors. The kids MUST be covered...

How on Earth can I find out the processing time if I do ask for a H&C consideration? it would be the worst option for me to renounce my PR, right?!
Ohhhhhh and all that money we payed for the Sponsorship???? and all our documents are sitting there in CPC M ..... :-X

Is your husband a Canadian citizen (either born in Canada or naturalized via immigration)? Are the children his children?

The VO won't tell you the processing time because PRTD's with H&C considerations are unusual and they don't have a standard guideline. Plus there's a labour action ongoing that is impacting Vienna so even if they looked at what it was last year it wouldn't apply for this year.

You would get the money back for the application, because they wouldn't process it.

 

[Hungary]

:'( :-[ the kids are unfortunately not his. I was married but got divorced :-[ :-[ :-[ :-[ :-[
So the kids are Hungarians, I suppose I will have to sponsor them later on.... ??? BUT they would have to leave after 6 months or they will need extension to stay... how many times can they get the extension? so if I go "for a visit for a few weeks" they would be forced to leave at the end of the visit. Which is impossible for me to be separated from them I rather stay here in HUN forever without love.

 

[Hungary]

Yes he is a born Canadian citizen.

 

[Sama.Karady]

They cannot refuse you the right of entry at the border. You are a permanent resident of Canada. You have a right of entry as a matter of law. The most they can do is serve you with a removal order. In that case you must leave Canada within 30 days.

Are you sure about this?? Cuz it sounds too good to be true...
Lets say that my PR expired, and I want to go to Canada, and I am NOT from a visa exempt country..I am from Egypt and it requires that I take a Temporary resident visa. Would I even be approved for getting a visa when I am a PR? (especially that its expired?)
And when they ask me about the reason for my visit what would I tell them? I will also need to have a return ticket..

 

[Hungary]

Hmmmmmm I got a head ache
Please please please go on with the discussion, I don't feel that lost anymore!!!! :

I still don't know which way to choose though. Submit the PRTD form with all the supporting documents (i only have my passport from back then , this is all my Mom found....) and at the question 18 answer that yes, consider my case on H&C grounds and then risk and wait who know for how long.....? We don't know for sure....
Or go, enter Canada and wait there. Just what about the kids.... They might get the extensions... Wow I assume I need an immigration lawyer... ???

 

[Leon]

Are you sure about this?? Cuz it sounds too good to be true...
Lets say that my PR expired, and I want to go to Canada, and I am NOT from a visa exempt country..I am from Egypt and it requires that I take a Temporary resident visa. Would I even be approved for getting a visa when I am a PR? (especially that its expired?)
And when they ask me about the reason for my visit what would I tell them? I will also need to have a return ticket..

If you are not from a visa exempt country, it gets a bit more complicated. You would not get a TRV when you have a PR. You would either have to get a US visa, fly to the US and enter Canada by land showing your expired PR card and/or landing documents or you would have to apply for a PR travel document at the Canadian embassy where you live. If you go through the US, you would have the right to enter Canada but that doesn't necessarily mean you get to keep your PR. As said, they can report you on entry and you would have to appeal for your PR, you may lose that appeal and be asked to leave. If you apply for a PR travel document at the embassy, the embassy will decide if they let you keep your PR or not. You can also appeal if they deny you but if you lose that appeal, that is the end and you would lose your PR.

 

[mandn]

Hello. I just got an email from Cic manilla requesting Appendix A. I read about this Appendix A on the forums here and it seems most people get a letter from CIC requesting Appendix A AND a their original passport but my japanese wife did not get asked to send her passport just Appendix A . Is this normal?


Also on Appendix A it asks for the applicants information (my wife) and beside that is a column that asks for "spouse/common law partner" . Do I fill this out? (i am a canadian citizen)

and at the top of the form it says File No ............
do i put anything here?

And the email and letter both do not state we need to send photos but for some reason CIC attached an Appendix B photograph specification pdf. We already submitted all the required photos back in March. Do i ned to attach another photo of the applicant?

 

[frege]

Oooooohhhhhhhhhhhhhhhhhh my God!!!!!!!! I am in SHOCK, I don't even know what to think now or say or do I am
confused and SHOCKED about all of this. ??? ??? ??? ??? ??? ??? ??? ??? ??? ???
THANK YOU for your answer, hoooowww do you know all of this?!

I don't really understand how on Earth would I be allowed to stay for 2 years, the maximum is 6 month. I do know there is an option to extend my visit, but I must tell why do I want that and in case we cannot show up our sponsorship being in process there is no other reason I can show to CIC give me the extension. I assume I cannot say I am tricking the system and want to gather the two years to get my PR back, can I?

And I kind of faint if I just think back, that in April they could have easily find out that I have been a PR and they could've turn me back with the two years old twins after the 14 hours flight
For sure I don't dare to fly back again to ask for the 6 months stay because this case they will look deeper into my case and they won't let me in. I am shy and I am VERY honest and faithful person, and I do understand that I "have the right" to visit and stay there for 6 months, but we know well, that a CBSA Officer has the right to turn me away and there is no way I could win. They either let me in or not. So this , with two 2,5 years old kids won't work

Husband cannot come to me, if he could I would have already told him to move here and live here with me. We would be very happy here in Hungary, this all immigration stuff and trying to deal with the system , this is painful and stressful and pretty annoying.

I would ask the VO Vienna for PRTD - which I highly doubt they would give, so I would have to ask for the H&C, BUT they just don't share the processing time at all........ there is only one I've found on the CIC webpage, H&C INSIDE Canada (which I know not my case) but tit shows 30-42 MONTHS............... so based on this, I don't think that it would be so much less outside. Even half of it would be TOO MUCH.
Okay I do not know what to do......
:'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'( :'(

But anyways Thanks again Computergeek for your help it was VERY useful!

Hungary,

How many days have you already spent in the same place as your husband, anywhere in the world? Any time you've already spent together since getting married (or after living together for a year, if this happened before you married) would count towards the two years of residence that Computergeek mentioned.

 

[Hungary]

Hi guys!

What do you think about my chances getting PR back on H&C ground, if I do send my application to Vienna? If I choose this option?
Becasue if you think my chances are really good, and I send proof of my marriage with a Canadian man, who was teying to sponsor me and the kids etc.... And I am not old either, just turning 30 within 2 weeks... ( I left Canada at the age of 11 btw) so, if I have good chances on this, it seems the quicker way for me than entering Canada and residing there for two years - I am only afraid of this because of the children being visitors there only.
Oh which one should I choose I dont know...
But everything depends on the processing time on my H&C case in Vienna... (Which we don't know as we already discussed this) I do understand the answers you gave me already and I do appreciate it a lot!!!!


Mandn I know nothing about your question, but somebody might answer soon , they are really good!

 

[Hungary]

Hungary,

How many days have you already spent in the same place as your husband, anywhere in the world? Any time you've already spent together since getting married (or after living together for a year, if this happened before you married) would count towards the two years of residence that Computergeek mentioned.

Not much like two months altogether. He has a job there with two weeks holiday, and We went there and spent a month with him.

I can recall the officer's face when he asked from where do we know each other with my husband, and I told him I lived there as a child and our parents were best friends hanging together all the time... And as soon he heard this his face changed and was very kind and said: ooooooohhhh, i seeeeeeeeee and no more questions only a smile and we were let in..... I am just realizing it was a favour from him and I didn't even know!!!!!!
I am STUPID :'( i had the chance and I didn't know about it....
Now I have to risk travelling there and getting reported....

 

[frege]

Hi guys!

What do you think about my chances getting PR back on H&C ground, if I do send my application to Vienna? If I choose this option?
Becasue if you think my chances are really good, and I send proof of my marriage with a Canadian man, who was teying to sponsor me and the kids etc.... And I am not old either, just turning 30 within 2 weeks... ( I left Canada at the age of 11 btw) so, if I have good chances on this, it seems the quicker way for me than entering Canada and residing there for two years - I am only afraid of this because of the children being visitors there only.
Oh which one should I choose I dont know...
But everything depends on the processing time on my H&C case in Vienna... (Which we don't know as we already discussed this) I do understand the answers you gave me already and I do appreciate it a lot!!!!


Mandn I know nothing about your question, but somebody might answer soon , they are really good!

I think it will be easier with a border officer than with Vienna, because the border officer won't necessarily have all the information.

 

[computergeek]

Hmmmmmm I got a head ache
Please please please go on with the discussion, I don't feel that lost anymore!!!! :

I still don't know which way to choose though. Submit the PRTD form with all the supporting documents (i only have my passport from back then , this is all my Mom found....) and at the question 18 answer that yes, consider my case on H&C grounds and then risk and wait who know for how long.....? We don't know for sure....
Or go, enter Canada and wait there. Just what about the kids.... They might get the extensions... Wow I assume I need an immigration lawyer... ???

Your children are Canadian. You just need to get their paperwork and then they can obtain Canadian passports. That means none of you can be refused entry into Canada.

Personally, I'd think the risk of being reported isn't that high anyway. The CBSA officer has the right to accept your arguments and with a Canadian family and you being a PR moving back now that you know it's an option I suspect that's where it all ends. But even if they report you then you can appeal from inside Canada.

If they reject your appeal, you would stop being a PR but can then be sponsored from inside Canada (no legal status is required for inland sponsorship).

Bottom line: you end up where you want to be and can then proceed forward while you are all together. The PRTD approach likely means living apart for quite a while to process tons of paperwork.

 

[computergeek]

Hello. I just got an email from Cic manilla requesting Appendix A. I read about this Appendix A on the forums here and it seems most people get a letter from CIC requesting Appendix A AND a their original passport but my japanese wife did not get asked to send her passport just Appendix A . Is this normal?


Also on Appendix A it asks for the applicants information (my wife) and beside that is a column that asks for "spouse/common law partner" . Do I fill this out? (i am a canadian citizen)

and at the top of the form it says File No ............
do i put anything here?

And the email and letter both do not state we need to send photos but for some reason CIC attached an Appendix B photograph specification pdf. We already submitted all the required photos back in March. Do i ned to attach another photo of the applicant?

Japanese citizens are visa exempt so the passport isn't needed. Philippine citizens are not visa exempt and the VO must add an immigration visa to their passport.

Usually they want a photo for the PR card.