Spousal sponsorship

[Popo012]

Inland sponsorship currently shows as 8 months for AIP.

Normally, for Inland sponsorship you hear from CIC three times if there is nothing wrong:

(1) When the sponsor is approved (AIP and OWP)
(2) When the applicant is approved
(3) By the local office to schedule landing

People from February 2012 are currently reporting they are receiving AIP. If you applied in June it will be a while before you hear something - probably early next year.

But I applied since June 2011 lol

 

[computergeek]

Thank you so much. We're worried because they've gone to the point of making us wait another three days before coming back and doing it again, so I was so worried that it was super important that he pass that part of the physical.

DMPs follow a standard procedure - it isn't their place to decide who is medically inadmissible, and who is not. But the form they complete is a bit different for sponsored spousal class (it's an "excessive demand exempt" version of the IMM 1017 form) and the medical officers in Ottawa will make the final coding determination. So the doctor is just doing his/her job. I'm not sure which horror stories you've read, but medical inadmissibility is a serious issue for economic class applications.

At any rate, you will be fine. Lots of things can cause elevated blood pressure, including stressful situations such as physical examinations.

 

[computergeek]

Thank you very much, I appreciate your comment! I am not sure if it will fix the problem either... I'm going to see some immigration officers tomorrow, but they've been wrong before (they're the geniuses that suggested I write I have a fiancee on my visitor application) so I don't trust them.

Well, my experience is that anything given to you verbally is worth the paper on which it is written - in other words, it's far too easily disavowed after the fact.

Have you at least spoken with an immigration attorney? Since you were filing a PRRA, I assume you were here on a refugee/protected person claim, and usually there is assistance available for someone in that situation. But if not, even a consultation with an immigration attorney may provide you with options that are not apparent to me. Hopefully someone else will step in and suggest something else for you as well.

I know the safest thing to do would be to leave... but I am soooo close... you know what I mean? LMO, sponsorship, even the AINP if the LMO's a go... If I cross that border, everything will go through different offices, rules, routes... it will take so much time... I want to try anything before I go

Well, you do have 30 days before the departure order becomes a deportation order. If you have an LMO you can just go to a POE and get a new work permit. You could, literally, execute the departure order (so you turn it into CBSA showing you have left voluntarily) and then turn around and apply for your work permit - you obeyed the departure order, and you get your work permit. This is known as "flag poling". But to do this successfully YOU would have to be able to legally enter the US - you cannot be refused entry into the US or Canada will not consider your departure order to have been fulfilled. You could enter for 30 seconds and then turn around (get a stamp in your passport!)

If you have friends or family in the US, you could just go there and wait for the LMO. Or if you have AIP (and that invaluable open work permit) you could re-enter on that basis. An in-process inland application isn't abandoned simply because you are temporarily absent from the country, either. There are lots of variables here and I'm sure I don't fully appreciate what you've had to undergo thus far.

If you have not reviewed the enforcement manuals, I would suggest that you do so. ENF 10 describes removals (including the departure order I assume you received). There are options for delaying, including appeals and Federal Court of Canada orders (e.g., if you are challenging the legal basis of the rejection and departure order).

I'd really suggest talking to an attorney.

 

[computergeek]

But I applied since June 2011 lol

Every case is individually considered, so that 8 months isn't a guarantee. However, 16 months for AIP is quite a bit outside the norm - it suggests there may be something unusual about your application. Either that or you're the unlucky soul whose application fell behind the filing cabinet.

 

[micmac101]

Hi everyone,
I have an important question to ask
When we sent our case to Immigration we had not paid the whole fee like for the PPR fee should we send this too them now or wait?

 

[tink23]

Hi everyone,
I have an important question to ask
When we sent our case to Immigration we had not paid the whole fee like for the PPR fee should we send this too them now or wait?

Send it now so there won't be a delay when they're ready to issue the visa.

 

[confusedcaz]

Ok - here's a question: We made a spousal application for visa in the UK (I am former resident of Canada) - we have since arrived in Canada with no news on the visa. We have been chasing the company used to process the application for weeks as it went beyond the processsing date listed on the CIC website. Having no luck we found another method of contact to discover that the application has been lost at CIC offices!!! (or between the visa company and CIC). We know it was received there as there was a question about the children but we've heard nothing since. Now that we are in the country (husband here as visitor) can we still resubmit under the outofcountry or do we need to start again in-country.

Secondly: At the airport the Customs officer questionned the status of the children (joint biological parents-married 18 years) and said that they should automatically be able to apply for Canadian Citizenship based on the fact that I'm a former resident. However they went on the sponsor's application along with my husband and now there status here is affected with the loss of the application. Should I just apply for their citizenship? If so, how do I prove that I'm Canadian other than the fact I have my Canadian passport and SIN number etc and registration of birth abroad. All application forms seem to ask for Canadian citizenship number or landed paper number, permanent resident card number etc - I have no such documentation. When we arrived at the airport and declared our container coming in, I received no landing papers other than a stamp on the moving documents - no any permanent resident information.

Can you see why I am confused? Don't know what to do next.

 

[Popo012]

Computergeek,so that mean I might not get approved?what did u mean about filing behind the cabinet?.Man,I'm getting more n more stress about this situation .let me know if u have any thought about this.Thanks

 

[RenRaj]

Hi
The Passport request was sent to me by the New Delhi Consulate on aug 21....any idea on the average time for them to approve the PR application. The current processing time (Step 2) is 9 months is it always the case for them to take such a long time?.

Please provide your valuable ideas on this....

thanks!

 

[BlackandBlue]

Well, my experience is that anything given to you verbally is worth the paper on which it is written - in other words, it's far too easily disavowed after the fact.

Have you at least spoken with an immigration attorney? Since you were filing a PRRA, I assume you were here on a refugee/protected person claim, and usually there is assistance available for someone in that situation. But if not, even a consultation with an immigration attorney may provide you with options that are not apparent to me. Hopefully someone else will step in and suggest something else for you as well.

Well, you do have 30 days before the departure order becomes a deportation order. If you have an LMO you can just go to a POE and get a new work permit. You could, literally, execute the departure order (so you turn it into CBSA showing you have left voluntarily) and then turn around and apply for your work permit - you obeyed the departure order, and you get your work permit. This is known as "flag poling". But to do this successfully YOU would have to be able to legally enter the US - you cannot be refused entry into the US or Canada will not consider your departure order to have been fulfilled. You could enter for 30 seconds and then turn around (get a stamp in your passport!)

If you have friends or family in the US, you could just go there and wait for the LMO. Or if you have AIP (and that invaluable open work permit) you could re-enter on that basis. An in-process inland application isn't abandoned simply because you are temporarily absent from the country, either. There are lots of variables here and I'm sure I don't fully appreciate what you've had to undergo thus far.

If you have not reviewed the enforcement manuals, I would suggest that you do so. ENF 10 describes removals (including the departure order I assume you received). There are options for delaying, including appeals and Federal Court of Canada orders (e.g., if you are challenging the legal basis of the rejection and departure order).

I'd really suggest talking to an attorney.

I don't have an US visa... so this info about the US, that I can not be denied entry, that won't work... is very important. THANK YOU. (i planned to do just that). Seems like I'm going home after all. Who knows if I'll be able to enter again...

I wasn't here on a refugee claim. I first entered in 2010 as a tourist (just with a passport, went home in 2011 and came back two weeks later with a working holiday visa, that expired May 2012, I applied for the LMO (my employer did), got married... I actually worked for the province, a really nice job with a really nice title, but they couldn't care less. To immigration, I'm just a number.

I'll see a couple of lawyers, officers, etc, but I still trust to people like yourself more than them... with a good reason, too.

For the sponsorship application - if I apply from inside Canada and go home, wouldn't that terminate the application?

 

[scylla]

For the sponsorship application - if I apply from inside Canada and go home, wouldn't that terminate the application?

Yes - the application will be effectively terminated if you leave. You should apply outland.

And as others have said, make sure you leave before 30 days and don't let the departure order become a deportation order. If you think things are complicated now, just wait until you have a deportation order.

 

[BlackandBlue]

Yes - the application will be effectively terminated if you leave. You should apply outland.

And as others have said, make sure you leave before 30 days and don't let the departure order become a deportation order. If you think things are complicated now, just wait until you have a deportation order.

Thank you... I wonder if I apply for a sponsorship outland, does entering Canada with an LMO and a job offer terminate that (sponsorship) application...

I won't wait for the departure order. I'll leave and come back with an LMO. Seems like it's my only way.

I'll just see today if maybe, maybe, submitting a sponsorship application gives me the permission to stay - although I highly doubt that. :/

 

[scylla]

Thank you... I wonder if I apply for a sponsorship outland, does entering Canada with an LMO and a job offer terminate that (sponsorship) application...

No - it doesn't. You can enter Canada with an LMO and your outland application will be fine.

Since you've been issued a departure order, I don't see how any sponsorship application will give you permission to stay.

 

[computergeek]

I won't wait for the departure order. I'll leave and come back with an LMO. Seems like it's my only way.

Make sure you present your departure order to CBSA at the airport when you leave and get the form that acknowledges your departure. If you don't do that, your departure order still turns into a deportation order and that is definitely something you want to avoid.

So long as you leave in a timely fashion, you should be fine in the future. But yes, I think your best bet is to file for an outland sponsorship. That allows you to be anywhere, including Canada, while the inland sponsorship does require you be in Canada living with your spouse.

 

[wildroots]

You have to be in a qualifying relationship. In general that means you've either lived together for at least 12 months OR you are married (no minimum time for marriage). There's a third category ("conjugal") but I don't think it applies in your case.

No, there is no minimum for spousal sponsorship. You just have to be able to show you aren't on social assistance and convince CIC that you won't need social assistance.

Thank you " computergeek"