Spousal sponsorship

[malklv]

Hey guys today I received an update on the gckey saying : Latest update:
Final decision - November 22, 2024:Your application is in progress. We will send you a message once the final decision has been made.
What should I expect after this? And how long do you think I'll get the PPR since everything is already completed on the tracker

 

[Can_16]

Hello everyone, I have my old address in my marriage certificate will it create issue for me? The address that I put on my marriage certificate is the same address on my ID documents, but last year I apply for study visa there I have used my new address. What to do now?

 

[armoured]

Hello everyone, I have my old address in my marriage certificate will it create issue for me? The address that I put on my marriage certificate is the same address on my ID documents, but last year I apply for study visa there I have used my new address. What to do now?

I strongly doubt they look at marriage certificate to check your address. Don't worry about it, don't even explain it.

 

[barse]

Hi everyone
My friend was married in 2015, stayed together for one week but the woman did not want to move to Canada from Europe. In 2022 he applied for divorce to Ontario Court and got Divorce order in March 2023. Unfortunately he did not ask for Divorce Certificate. In September this year, he went back to his home, Africa, with the Divorce order, Ontario Marriage Search that was Notarized. He came back getting married. While he was trying to apply to sponsor his spouse, he came across 'Divorce Certificate', with curiosity he went to the court where he got Divorce Order and got it within 10 minutes. Question: will CIC accept and his current marriage without Divorce certificate? If no, then what should he do other than going back to remarry? Appreciated.

 

[nctobc]

I read sometimes of people waiting to activate their COPR until they actually officially land and move. This is often done when someone is visiting Canada as part of a househunting trip (from a country like the United States that does not require a separate visa and can simply enter as a visitor) and does not want to activate their CPR because they are worried that the 730 day timer will start to kick in and they will be heading out of the country after a little bit to start packing.

Does the strategy make sense in the context of an outland spousal sponsorship? Because my understanding is that time spent with the Canadian citizen outside of Canada counts towards the 730 day PR requirement as long as the two are living together. So wouldn’t it be simpler in this case to just go ahead and activate the COPR the very next crossing even if you will not be moving your goods and belongings for a month or two after that?

also, once you have the copr, how do you officially “declare” all your belongings and they you’re now here to stay? Like do you need your “goods to follow” form when you land the first time or can you say you’re going to be back in a couple of months and will declare all your goods then?

edited to add: I can see one scenario where this might make sense for example, you don’t have a mailing address for your PR card. In my case, I would just be having the PR card sent to my dad‘s house in Canada for my spouse to pick up later.

 

[armoured]

I read sometimes of people waiting to activate their COPR until they actually officially land and move. This is often done when someone is visiting Canada as part of a househunting trip (from a country like the United States that does not require a separate visa and can simply enter as a visitor) and does not want to activate their CPR because they are worried that the 730 day timer will start to kick in and they will be heading out of the country after a little bit to start packing.

Does the strategy make sense in the context of an outland spousal sponsorship? Because my understanding is that time spent with the Canadian citizen outside of Canada counts towards the 730 day PR requirement as long as the two are living together. So wouldn’t it be simpler in this case to just go ahead and activate the COPR the very next crossing even if you will not be moving your goods and belongings for a month or two after that?

also, once you have the copr, how do you officially “declare” all your belongings and they you’re now here to stay? Like do you need your “goods to follow” form when you land the first time or can you say you’re going to be back in a couple of months and will declare all your goods then?

edited to add: I can see one scenario where this might make sense for example, you don’t have a mailing address for your PR card. In my case, I would just be having the PR card sent to my dad‘s house in Canada for my spouse to pick up later.

I think you are overthinking this here.

1) The 730 days in five years is already quite generous. Like, hugely generous. If someone isn't ready to move to Canada in, say, 2.5 years, they probably shouldn't do it at that point at all.
2) Will the 'residing with Canadian' work for this scenario (where there's a soft landing only)? Maybe; maybe not. If you need to rely on it, you probably shouldn't.
3) In almost all other scenarios, there's no particular advantage. Neither CRA nor CBSA really consider that someone who's come for a soft landing of a couple weeks and then left has established residency. For the 'goods to follow' stuff, you just treat the soft landing as it didn't happen for 'settling' purposes. Which CBSA does too. You literally just tell them this is when you are settling.

Now there are probably some complex scenarios where this might - arguably, conceivably - be some tax advantage or whatever (which when it gets down to it, might just be tax avoidance, which, you know, they should hire their own damn lawyers).

Only scenario I've seen come up here where trying to do this and it made sense to me was someone who was coming to Canada for something like a conference or a job interview a couple months before moving - but the issue was that their flight connection from major airport to secondary was too short to let them land without stressing. Or maybe the address situation you raise.

YMMV. Most of the time, I think the effort in thinking through this is not worth it.

 

[scylla]

I read sometimes of people waiting to activate their COPR until they actually officially land and move. This is often done when someone is visiting Canada as part of a househunting trip (from a country like the United States that does not require a separate visa and can simply enter as a visitor) and does not want to activate their CPR because they are worried that the 730 day timer will start to kick in and they will be heading out of the country after a little bit to start packing.

Does the strategy make sense in the context of an outland spousal sponsorship? Because my understanding is that time spent with the Canadian citizen outside of Canada counts towards the 730 day PR requirement as long as the two are living together. So wouldn’t it be simpler in this case to just go ahead and activate the COPR the very next crossing even if you will not be moving your goods and belongings for a month or two after that?

also, once you have the copr, how do you officially “declare” all your belongings and they you’re now here to stay? Like do you need your “goods to follow” form when you land the first time or can you say you’re going to be back in a couple of months and will declare all your goods then?

edited to add: I can see one scenario where this might make sense for example, you don’t have a mailing address for your PR card. In my case, I would just be having the PR card sent to my dad‘s house in Canada for my spouse to pick up later.

FYI - Time spent with a Canadian citizen spouse outside of Canada doesn't automatically count. It's up to IRCC if you can claim that time and if/how they apply the who followed whom rule.

 

[armoured]

Hi everyone
My friend was married in 2015, stayed together for one week but the woman did not want to move to Canada from Europe. In 2022 he applied for divorce to Ontario Court and got Divorce order in March 2023. Unfortunately he did not ask for Divorce Certificate. In September this year, he went back to his home, Africa, with the Divorce order, Ontario Marriage Search that was Notarized. He came back getting married. While he was trying to apply to sponsor his spouse, he came across 'Divorce Certificate', with curiosity he went to the court where he got Divorce Order and got it within 10 minutes. Question: will CIC accept and his current marriage without Divorce certificate? If no, then what should he do other than going back to remarry? Appreciated.

I do not understand your question. Did he ever get the divorce certificate? Why can't he get it?

 

[barse]

I do not understand your question. Did he ever get the divorce certificate? Why can't he get it?

He got Divorce order a year ago and got Divorce certificate just today after being married

 

[armoured]

He got Divorce order a year ago and got Divorce certificate just today after being married

I do not know precisely the answer to the question. I have my guess (somewhat educated guess, but a guess) below.

YOUR FRIEND SHOULD CONSULT A LAWYER TO CHECK.

If I'm right, this is a fairly easy answer and won't require that much more inquiry or additional steps. But the correct answer may depend on which province and some other details.

If so, great, the lawyer may just confirm what I've said below.

BUT I MAY BE WRONG. HE NEEDS TO ASK A LAWYER with specific of his case.

Sorry for caps. But I think this is important and it will save him a lot of trouble.

Hi everyone
My friend was married in 2015, stayed together for one week but the woman did not want to move to Canada from Europe. In 2022 he applied for divorce to Ontario Court and got Divorce order in March 2023. Unfortunately he did not ask for Divorce Certificate. In September this year, he went back to his home, Africa, with the Divorce order, Ontario Marriage Search that was Notarized. He came back getting married. While he was trying to apply to sponsor his spouse, he came across 'Divorce Certificate', with curiosity he went to the court where he got Divorce Order and got it within 10 minutes. Question: will CIC accept and his current marriage without Divorce certificate? If no, then what should he do other than going back to remarry? Appreciated.

My understanding (on which I base my guess) is that in Ontario at least (and other provinces likely similar) divorce orders are the initial order and take effect 31 days after the divorce order is published.

See here for example: https://divorceoffice.ca/ontario-divorce-certificates/

Canada typically requires (to carry out a marriage within Canada) the divorce certificate, as that also comes with central registration of the marriage having legally ended.

I therefore am guessing that there is no particular issue (even though it should have been done with the divorce certificate) as long as the marriage in Africa was carried out after the divorce took effect.

That sounds like it's the case with the timeline you provided. And I presume the divorce certificate that he got shows the actual (legal) date of the divorce, i.e. from 2023. (It shouldn't matter what date the physical copy he got issued says on it).

I don't know beyond this simple logical conclusion - and I don't know what the Ontario marriage search document is (or if it's meaningful in this context).

To me the simple facts should be:
-marriage was dissolved by court order in 2023, as attested by the divorce certificate.
-marriage was legally carried out in country in Africa.
-Canada shouldn't much care what documents were shown to get married there (and I don't think IRCC will ask for all those docs - just the new marriage certificate and the divorce certificate, probably the old marriage certificate too - but not the other docs he showed in Africa to demonstrate he was divorced).

In other words, Canada will generally recognize a marriage abroad as long as the person wasn't married at the time (and a few other things like not a proxy marriage, etc). Doesn't sound like he was married at the time.

But to others in this situation: get the actual divorce certificate. No sense risking it when getting the divorce certificate only means waiting 31 days. (And of course if the divorce doesn't take legal effect for some reason - you've committed bigamy).

 

[barse]

"... I presume the divorce certificate that he got shows the actual (legal) date of the divorce, i.e. from 2023. (It shouldn't matter what date the physical copy he got issued says on it). " Yes, that is the key - Thanks

 

[armoured]

"... I presume the divorce certificate that he got shows the actual (legal) date of the divorce, i.e. from 2023. (It shouldn't matter what date the physical copy he got issued says on it). " Yes, that is the key - Thanks

Sorry as I think I phrased that poorly, just to clarify. I presume the divorce certificate has the effective / legal date of the divorce (date the divorce order comes into effect).

It may also have an issue date (the date the certificate was physically printed, basically) - that shouldn't matter.

 

[barse]

In that case, the marriage he did in September 2024 is okay, that is what I am understanding.

 

[armoured]

In that case, the marriage he did in September 2024 is okay, that is what I am understanding.

That's what I think. He should check with a lawyer.

 

[BEYZA UZUN]

Hi everyone! I have questions and if you can help me I would really appreciate this. I will get married this summer w canadian man.I am Turkish and living in Turkey.We got engaged and planning to get married in Turkey.We will apply for spousal after get married but we heard that he should work at least 1 year before apply.Is that really true or is it enough that he will have a good job as mechanic? and how much he should have in his bank account? how much time will it take until ı can go? thank you