Spousal sponsorship

[Strahilo]

Visa has arrived. My wife has to be out of Country by May 3 .

I just want to say thank you to all those who assisted and supported us through this lengthy process. Now I have to go beg my Director for some LOA
Good luck to all who waiting for their results

 

[Rob_TO]

I'm trying to wrap my brain around this so I fully understand what's being implied here:
I've spent 3 full years in Canada before leaving late 2012(failed refugee), of those three years('09-'12), 2.5 were under refugee status. We've sent in our sponsorship app mid Jan.'14, and via Vienna it may take a year or so to process. If the new rules take effect, lets say tomorrow for the sake of argument, would my (half)time still count? Or do applicants, who have applied already but have not received PR yet, fall into the NEW criteria?
My apologies if this was answered somewhere.

See here for a comparison of old vs proposed rules: http://www.cic.gc.ca/english/department/media/backgrounders/2014/2014-02-06e.asp

There is nothing in there about grandfathering time spent before getting PR, before new rules come into effect. So I imagine as of the date the new rules come into law, then you must spend 4 full years in Canada as a PR before being able to apply for citizenship. I guess that would suck for people who are just days away from qualifying for citizenship based on old rules, when the new rules kick in, as they would basically need to wait 1-2 additional years.

Of course we won't know for sure until new rules are actually implemented.

 

[b4roness]

See here for a comparison of old vs proposed rules: http://www.cic.gc.ca/english/department/media/backgrounders/2014/2014-02-06e.asp

There is nothing in there about grandfathering time spent before getting PR, before new rules come into effect. So I imagine as of the date the new rules come into law, then you must spend 4 full years in Canada as a PR before being able to apply for citizenship. I guess that would suck for people who are just days away from qualifying for citizenship based on old rules, when the new rules kick in, as they would basically need to wait 1-2 additional years.

Of course we won't know for sure until new rules are actually implemented.

Ok awesome, I honestly don't mind waiting 4-6 years but it's always good to know whats happening with all these constant changes. Thanks for the link! =)

 

[hackysack2014]

If this is marriage fraud you can have her deported under certain circumstances. I suggest you contact the law firm hosting this site.

Hi Gary: Yes. I contacted lawyer. I am accumulating evidences to start a formal process to report to immigration. Hope this works. Thanks for your tips.

 

[BwithUsoon]

I have been reading many threads of approved but mostly denied applications. My interview will be in May 1st and my husband (who had already planned a trip to visit me before the date of the interview was issued will also be accompanying me to Port of Spain for my the interview. Is it normal for an application to be resent August 2013 and an interview to be scheduled so quickly in May 14? Can the VO also interview my husband since he will be attending with me and even if it was directed only to me? We are so anxious and nervous hoping that We will be approved and hopefully we can atlast be living together permanently than a distance relationship which has left a scar from us being apart for so long. I miss him so much its overwhelming for us both. And we are both worried since within these two years he was able to make visits only twice due to him switching job and his vacation allowed. We have included it all in the application photos (dating,wedding,reception,other events we have attended e.g, art shows, parties, site seeing, dinners,picnics, friends, families etc Joint accounts,bank statements,financial support proof, cards, letters,calling card receipts, and over 60 pages of call logs for 1.5 years communication via skype, phone calls. The medicals and police recrds comes after the interview since we have not gotten any further instructions prior to the letter of interview?

 

[hcseeker]

Re: It generally makes it more difficult, as CIC typically concludes that it is not

computergeek: I'm not sure you read of my situation before but it seems similar to yours in that you applied from LA. A summary: I'm a Cdn citizen and married a US citizen last year. I applied for PR in US; my interview is April 22. After applying, circumstances changed and we also realized the cost of living is way too high here and there's no chance of any affordable healthcare coverage.

So now I'd like to sponsor my wife for PR in Canada. However, we would like to move to Canada together before she gets her PR granted. (I think if I don't return to Canada within 1 year (by mid-July), I'll become a non-resident.) Crossing the border seems to be full of perils even for genuine marriages such as ours. If we applied outland, would we qualify for "early admission" if our app is processing? Would that prevent her from being turned back at the border or airport or having to return before 6 months? As you mentioned the dilemma is CBSA will not think of it as a visit since she has no strong ties to the US. She was a student but quit and has no job. How could we qualify for this: "it's not reasonable to expect Canadians to be forced to choose living with their spouse or living in their country."?

Also on IMM0008, question 4 asks for: “Immigration Centre requested for processing this application.” I know a US outland application will be processed in CPP-O. But are they asking for which US city we'd want to go to for a possible interview?

Thanks for your help. Any others feel free to reply also. Thank you in advance if you do.

I read through TRP rules today and realized this doesn't apply at all to our situation. Sorry I wasted my time typing the post and your time reading it.

Could anyone please advise me on these points? How could we qualify for this: "it's not reasonable to expect Canadians to be forced to choose living with their spouse or living in their country."?

Also on IMM0008, question 4 asks for: “Immigration Centre requested for processing this application.” I know a US outland application will be processed in CPP-O. But are they asking for which US city we'd want to go to for a possible interview?

Thank you in advance.

 

[BwithUsoon]

I have been reading many threads of approved but mostly denied applications. My interview will be in May 1st and my husband (who had already planned a trip to visit me before the date of the interview was issued will also be accompanying me to Port of Spain for my the interview. Is it normal for an application to be resent August 2013 and an interview to be scheduled so quickly in May 14? Can the VO also interview my husband since he will be attending with me and even if it was directed only to me? We are so anxious and nervous hoping that We will be approved and hopefully we can atlast be living together permanently than a distance relationship which has left a scar from us being apart for so long. I miss him so much its overwhelming for us both. And we are both worried since within these two years he was able to make visits only twice due to him switching job and his vacation allowed. We have included it all in the application photos (dating,wedding,reception,other events we have attended e.g, art shows, parties, site seeing, dinners,picnics, friends, families etc Joint accounts,bank statements,financial support proof, cards, letters,calling card receipts, and over 60 pages of call logs for 1.5 years communication via skype, phone calls. The medicals and police recrds comes after the interview since we have not gotten any further instructions prior to the letter of interview?

 

[computergeek]

Re: It generally makes it more difficult, as CIC typically concludes that it is not

I read through TRP rules today and realized this doesn't apply at all to our situation. Sorry I wasted my time typing the post and your time reading it.

OP 20:

5.15. Early admission

The Minister’s delegates may issue a permit to allow foreign nationals to enter Canada before
they satisfy the requirements for permanent residence. The officer must be certain this action is
essential.

The requirements are normally routine processing steps and may or may not be stated in the
Immigration and Refugee Protection Act. Examples include the completion of background checks
or a medical examination. They do not include the waiting period to apply for criminal
rehabilitation.

If an officer has any reason to believe that a foreign national could not meet all requirements for
permanent residence after completing all processing steps, early admission is not appropriate. If
the officer already knows that the foreign national is inadmissible for any reason, the officer
should not grant early admission.

Further, a US Citizen has the unique option of applying for a TRP at the border if the officer determines they are inadmissible. Normal procedure is to grant them in exactly cases like yours. No other foreign national can apply at a POE for a TRP.

Also on IMM0008, question 4 asks for: “Immigration Centre requested for processing this application.” I know a US outland application will be processed in CPP-O. But are they asking for which US city we'd want to go to for a possible interview?

By all means list the office you prefer. From what I can tell, CIC pays no attention to what you list there, but it can't hurt.

 

[BeShoo]

Re: It generally makes it more difficult, as CIC typically concludes that it is not

Also on IMM0008, question 4 asks for: “Immigration Centre requested for processing this application.” I know a US outland application will be processed in CPP-O. But are they asking for which US city we'd want to go to for a possible interview?

If you read the instructions at http://www.cic.gc.ca/english/information/applications/step-by-step.asp the answer (after you follow the link) for the U.S. processing centre is "CPC in Ottawa." There is a place on Appendix A (page A-3) of the region-specific guide where you can indicate your preferred interview location.

 

[artlorj]

CAN SOMEONE HELP ME ON THIS FORUM/

I APPLIED FOR PR UNDER CAREGIVER PRGRAM, I GOT AN EMAIL FROM VEGREVILLE REQUESTING FOR MY DEPENDANTS INFO, NBI, MARRIAGE CERT, NSO AUTHNTICATED, PROOF OF RPRF, AND LASTLY MEDICAL EXAM BEFORE ALL THESE DOCUMENTS TO BE SUBMITTED. ARE ALLO THESE REQUIREMENTS A SIGN OF BEING PERMANENT RESIDENT SOON?AND HOW LONG USUALLY AFTER MEDICA;?

HOPE SOMEONE CAN HELP ME

 

[osasuna]

Hi guys i'm new here and i wanted to ask a question my wife's refugee claim was denied and all the appeals along with it, she's currently in the process of receiving her deportation order meeting with cbsa to plan her exit, she doesn't want to leave and i wanted to know if she decides to ignore the deportation order and stay will i still be able to file a sponsorship application inland for her, what are the cons of her staying thanks in advance for your help

 

[zardoz]

Hi guys i'm new here and i wanted to ask a question my wife's refugee claim was denied and all the appeals along with it, she's currently in the process of receiving her deportation order meeting with cbsa to plan her exit, she doesn't want to leave and i wanted to know if she decides to ignore the deportation order and stay will i still be able to file a sponsorship application inland for her, what are the cons of her staying thanks in advance for your help

Not a chance... If she is already on the list to be deported, they will just issue a warrant for her.

 

[computergeek]

Hi guys i'm new here and i wanted to ask a question my wife's refugee claim was denied and all the appeals along with it, she's currently in the process of receiving her deportation order meeting with cbsa to plan her exit, she doesn't want to leave and i wanted to know if she decides to ignore the deportation order and stay will i still be able to file a sponsorship application inland for her, what are the cons of her staying thanks in advance for your help

According to IP 8 (the inland processing manual that describes the public policy):

NOTE: Most persons who are under a removal order or facing enforcement proceedings are eligible for initial consideration under the public policy as they meet the criteria in R124... They cannot however receive a positive final decision or acceptance of their case (i.e., grant of permanent residence) as they will be found inadmissible in the step two examination of their case.

This suggests to me that barring some sort of legal stay of the removal order, it will be difficult - if not impossible - for her to obtain a stay. However, the final decision rests with CBSA and I recall reading (but could not find it just now) that CBSA will suspend enforcement if the pre-removal interview has not yet been held. From what I can tell, though, she cannot apply via the normal inland route and would need to file an H&C application.

Thus, I'd strongly suggest you work with an immigration attorney as your case is complicated no matter what you do. If you are not going to do inland, she should leave Canada voluntarily - that will make an Outland sponsorship MUCH easier, as an ARC won't be so difficult to obtain. If she is involuntarily deported, you will be required to pay back the cost of the removal as well as the ARC fees.

 

[hcseeker]

Re: It generally makes it more difficult, as CIC typically concludes that it is not

OP 20:

Further, a US Citizen has the unique option of applying for a TRP at the border if the officer determines they are inadmissible. Normal procedure is to grant them in exactly cases like yours. No other foreign national can apply at a POE for a TRP.

By all means list the office you prefer. From what I can tell, CIC pays no attention to what you list there, but it can't hurt.

Thanks computergeek. It's great to know that is available. Where did you quote it from? I searched CIC for early admission but didn't come up with much.

 

[hcseeker]

Re: It generally makes it more difficult, as CIC typically concludes that it is not

If you read the instructions at http://www.cic.gc.ca/english/information/applications/step-by-step.asp the answer (after you follow the link) for the U.S. processing centre is "CPC in Ottawa." There is a place on Appendix A (page A-3) of the region-specific guide where you can indicate your preferred interview location.

Thanks BeShoo. You and others here provide such valuable info for navigating through the minefield of immigration.