Spousal sponsorship

[comarxx]

A question related to Sponsorship eligibility check on Spousal sponsorship application.

I have done soft landing and returned back to India for marriage. Later sponsored my spouse.

Is it absolutely necessary for the Sponsor to be inside Canada while the application is in process?
I am outside Canada currently because of some reasons. Will it fail the sponsorship eligibility?

Please advise.

Most likely you will be questioned a lot or worse your application can be refused if IRCC finds out that you are not in Canada while the application is in progress.

Just wait until you get back to Canada and submit the application. Once you get aor and SA you can visit your spouse for short periods of time.

 

[armoured]

Is it absolutely necessary for the Sponsor to be inside Canada while the application is in process?
I am outside Canada currently because of some reasons. Will it fail the sponsorship eligibility?

If you are a PR and were outside Canada when you applied, it will probably fail or IRCC will ask you at some point to show you are/were in Canada (refuse if it decides you are not/ were not eligible).

Short form (below does not apply to citizen-sponsors):
-PRs must be in Canada to sponsor - specifically at time of applying. IRCC appears to take this as an absolute requirement, although probably does not catch all.

-After that: IRCC's website and instructions say PR-sponsors must reside in Canada, 'short trips abroad ok.' How strictly they enforce this is unclear. Trips of <1 month seem ok (as short trips), beyond that - your risk, your problem.

There's always someone here arguing it's ok because they did it and did not get caught - which is a lot like the argument that speeding is okay because you didn't get caught (and most don't, either) - but some do and it's no defense.

 

[bhushan1989]

If you are a PR and were outside Canada when you applied, it will probably fail or IRCC will ask you at some point to show you are/were in Canada (refuse if it decides you are not/ were not eligible).

Short form (below does not apply to citizen-sponsors):
-PRs must be in Canada to sponsor - specifically at time of applying. IRCC appears to take this as an absolute requirement, although probably does not catch all.

-After that: IRCC's website and instructions say PR-sponsors must reside in Canada, 'short trips abroad ok.' How strictly they enforce this is unclear. Trips of <1 month seem ok (as short trips), beyond that - your risk, your problem.

There's always someone here arguing it's ok because they did it and did not get caught - which is a lot like the argument that speeding is okay because you didn't get caught (and most don't, either) - but some do and it's no defense.

Thank you very much!
The answer clears my doubt and I am currently at risk.
But with the situation at hand, I might need to take that risk and stay outside Canada for a few more days and resubmit the application if they refuse.

 

[armoured]

Thank you very much!
The answer clears my doubt and I am currently at risk.
But with the situation at hand, I might need to take that risk and stay outside Canada for a few more days and resubmit the application if they refuse.

It's up to you how to proceed. The problem is that how long they take to look at and make decisions about refusal, or whether to just significantly delay and look into it later, is completely uncertain.

If you are returning shortly, personally, I would withdraw the first application and then re-apply when you are back. But I don't know your timeline so far or any other details, so that would just be a guess.

I don't know how long to withdraw or how to do it, it can be found on the web.

 

[bhushan1989]

It's up to you how to proceed. The problem is that how long they take to look at and make decisions about refusal, or whether to just significantly delay and look into it later, is completely uncertain.

If you are returning shortly, personally, I would withdraw the first application and then re-apply when you are back. But I don't know your timeline so far or any other details, so that would just be a guess.

I don't know how long to withdraw or how to do it, it can be found on the web.

Actually, I was away from Canada for good 6+ months for marriage and post that spousal application.

Submitted the spousal sponsorship application on 3rd May 2023. Expecting AOR by 20th June as per current trends.
However not able to travel back to Canada because of my ties with my current employer in India.

As per the current situation, either I will have to travel to Canada at least for a month and stay until Sponsor eligibility passes. Or stay back in India to complete the notice period with the employer and finally move to Canada permanently.

I would have submitted the application once I reach Canada, but they have a new question on IMM-5532, if you are in Canada currently, and if not by when you are planning to be back? That got me thinking that sponsorship application submission is possible for PR even if outside Canada while submitting.

Overall it's a tough choice to make.

 

[@dasha0609]

Hi guys, we got ADR request (proof of communication/visits) on May 25th. We submitted everything May 31st.
Any idea how long it takes to hear back?

Office - LVO
Submission date - April 29th, 2022

 

[scylla]

Actually, I was away from Canada for good 6+ months for marriage and post that spousal application.

Submitted the spousal sponsorship application on 3rd May 2023. Expecting AOR by 20th June as per current trends.
However not able to travel back to Canada because of my ties with my current employer in India.

As per the current situation, either I will have to travel to Canada at least for a month and stay until Sponsor eligibility passes. Or stay back in India to complete the notice period with the employer and finally move to Canada permanently.

I would have submitted the application once I reach Canada, but they have a new question on IMM-5532, if you are in Canada currently, and if not by when you are planning to be back? That got me thinking that sponsorship application submission is possible for PR even if outside Canada while submitting.

Overall it's a tough choice to make.

It's possible and allowed if you are a Canadian citizen. Not if you are a PR. It's up to you if you take the risk. It sounds like you plan to spend minimal time in Canada so I would say you are probably at relatively high risk of refusal. Good luck and let us know how it goes.

 

[scylla]

Hi guys, we got ADR request (proof of communication/visits) on May 25th. We submitted everything May 31st.
Any idea how long it takes to hear back?

Office - LVO
Submission date - April 29th, 2022

It can take anywhere from a few days to several months for IRCC to review the ADR submission after you have sent it in. It's going to be very hard to guess what timelines you expect.

 

[armoured]

Actually, I was away from Canada for good 6+ months for marriage and post that spousal application.

Submitted the spousal sponsorship application on 3rd May 2023. Expecting AOR by 20th June as per current trends.
However not able to travel back to Canada because of my ties with my current employer in India.

As per the current situation, either I will have to travel to Canada at least for a month and stay until Sponsor eligibility passes. Or stay back in India to complete the notice period with the employer and finally move to Canada permanently.

I would have submitted the application once I reach Canada, but they have a new question on IMM-5532, if you are in Canada currently, and if not by when you are planning to be back? That got me thinking that sponsorship application submission is possible for PR even if outside Canada while submitting.

As noted it is possible for citizens, and presumably that is what that question is about. (It also catches those out who are abroad to either tell the truth and risk it will be refused, or who choose to misrepresent and bear consequences.)

You can certainly let your existing app 'ride' and see what happens.

I'd note, however, you should consider that withdrawing an app probably takes a couple months (don't know); if refused, you lose the amount paid; and new policy announced should reduce the likelihood you are separated from your spouse for long periods (or at least the full processing period) and allow spouse to move and work. That said, it's a new policy and we haven't seen how it works yet in practice.

Overall I'd say it likely makes most sense to submit the app when you are in Canada 'permanently.' But it's not my app and not for me to decide.

 

[steveisbrown]

Hi guys,

So I'm current a PR and my wife is in India. We will be applying for her PR soon. So I was wondering if I can apply for her visitor's visa after we apply for her PR and when she arrives in Canada she can apply for work permit under the new policy. Does anyone know if this is the right way to go around it? I called IRCC and they said they don't have exact info yet but from what they can understand she should be able to apply for visitors visa first while waiting for PR application to get approved in India, and after she arrives in Canada as a visitor she can apply for work permit while waiting for the PR application to get approved.

If anyone know more about this pls do let me know,
Thankyou!!

 

[armoured]

Hi guys,

So I'm current a PR and my wife is in India. We will be applying for her PR soon. So I was wondering if I can apply for her visitor's visa after we apply for her PR and when she arrives in Canada she can apply for work permit under the new policy. Does anyone know if this is the right way to go around it? I called IRCC and they said they don't have exact info yet but from what they can understand she should be able to apply for visitors visa first while waiting for PR application to get approved in India, and after she arrives in Canada as a visitor she can apply for work permit while waiting for the PR application to get approved.

If anyone know more about this pls do let me know,
Thankyou!!

Basically yes - she can apply for visa and then apply for work permit once in Canada - but we don't know all the details of how this works.

Several posters claim to have heard (from IRCC, or elsewhere, or whatever) that you should wait until AOR in the process (which is eg 4-12 weeks after submitting sponsorship app). This makes sense because until AOR the app is not accepted as complete, and not fully in the system, and therefore you would not get TRV under the new policy. Perhaps your spouse would get it in their own right if you applied before AOR, perhaps not.

But again - no-one knows for certain. I'd suggest concentrate on getting your app in complete and in good order, and then revisit if more is known about the new policy. She can apply at any time, we just don't know if that will work or benefit from the new policy. It may be better understood in a month, or two, or even weeks.

 

[Guri rathore]

Hi everyone, I want to ask something. I applied inland sponsorship on 28th april and waiting for AOR. But my wife’s TRV is going to expire on 30th june. What should I do? I probably will get AOR before that but still I also have to make other plan. Can I apply for visitor visa extension? In what time slot should I apply for extension before ending visa?

 

[notagoodlawyer]

Hi everyone, I want to ask something. I applied inland sponsorship on 28th april and waiting for AOR. But my wife’s TRV is going to expire on 30th june. What should I do? I probably will get AOR before that but still I also have to make other plan. Can I apply for visitor visa extension? In what time slot should I apply for extension before ending visa?

You can try to extend the TRV. I think its 30 day before or something like that. Shouldnt be any issue. Once you receive the AOR you can apply for her Open Work Permit as well.

 

[mvk88]

Actually, I was away from Canada for good 6+ months for marriage and post that spousal application.

Submitted the spousal sponsorship application on 3rd May 2023. Expecting AOR by 20th June as per current trends.
However not able to travel back to Canada because of my ties with my current employer in India.

As per the current situation, either I will have to travel to Canada at least for a month and stay until Sponsor eligibility passes. Or stay back in India to complete the notice period with the employer and finally move to Canada permanently.

I would have submitted the application once I reach Canada, but they have a new question on IMM-5532, if you are in Canada currently, and if not by when you are planning to be back? That got me thinking that sponsorship application submission is possible for PR even if outside Canada while submitting.

Overall it's a tough choice to make.

You have to use canadian address as a PR sponsor and it asks where you living things like that. If you lie in your application and the IRCC finds out about and refuses the sponsorship. They will flag you for future sponsorship.
AS a PR holder you do not have a the privilege to stay out of Canada and apply for spousal sponsorship.

If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the persons you want to sponsor become permanent residents.
You can’t sponsor someone if you’re a permanent resident living outside Canadahttps://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html.

 

[Besthope1]

Nov 26. OUTLAND
AOR: JAN 31
SA: FEB 8
Med passed(tracker): Mar 2
Bio passed(tracker via TRV): Feb 27
BG completed(tracker): Jun 6
Eligibility completed(tracker): Jun 6
Pre-Arrival: Jun 6
COPR number(tracker): Jun 6
PPR: Jun 7
VO Dakar