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Spousal sponsorship

BrazilianGirl

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Oct 6, 2012
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canadaiw said:
Hi Guys,
I have a question about the sponsorship and I hope someone will help.
Obviously you can sponsor a dependent child.
But can you sponsor a dependent child AND a grandchild.
According to the law, you can sponsor a dependent child who is a full-time student since before 22 or since MARRYING or ENTERING a COMMON-LAW RELATIONSHIP(if it happened before 22).

all in all, it looks like if your dependent child is a student and he/she has a spouse (who I think should be dependent too) and they have a child. THEY ALL CAN BE SPONSORED? Am I right?

if someone can help I would really appreciate it .
Hey canadaiw.

I believe you can sponsor all of them. So much that in the "Sponsorship Evaluation" says:
If you are sponsoring:
->a spouse, common-law partner or conjugal partner who has dependent children who have dependent children of their own, or
->a dependent child who has dependent children of his or her own, do not use this form.
Instead, obtain and complete the "Finacial Evaluation" form.

And here is another thing:
If you are a parent or the person you are sponsoring is a parent

Dependent children Refers to the children of the applicant or those of the spouse or common-law partner.
They must:

be under the age of 22 and not have a spouse or common-law partner, or
depend substantially on the financial support of a parent and have been continuously enrolled and in attendance as full-time students in a post-secondary institution accredited by the relevant government authority since before the age of 22 (or since marrying or entering into a common-law relationship, if this happened before the age of 22), or
depend substantially on the financial support of a parent since before the age of 22 and be unable to provide for themselves due to a medical condition.
Dependent child of a dependent child Refers to children of dependent children of the applicant or those of the spouse or common-law partner.

I hope I could be of some help.
=]
 

IvanP

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Jul 24, 2012
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I have a school question for any who might have experience or knowledge in this area.

I'm a Canadian who has sponsored my family, been approved as a sponsor, obtained CSQs for Quebec, and now we're waiting for approval, COPR and then landing (which is likely maybe in April or May). Our application is straightforward (married 15 years with 2 children (biological, so no adoption papers), no prior marriages, no criminal records, etc. etc.), so we don't expect any problems.

My wife and kids are US citizens, so from what I understand, if we moved now, they could stay in Canada as visitors for 6 months without a visa, and then we could leave and land when they get their PR. The question is whether the kids could go to school in Quebec before getting PR. Anyone have any experience doing this?

Thanks!

IvanP
 

Leon

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Jun 13, 2008
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IvanP said:
My wife and kids are US citizens, so from what I understand, if we moved now, they could stay in Canada as visitors for 6 months without a visa, and then we could leave and land when they get their PR. The question is whether the kids could go to school in Quebec before getting PR. Anyone have any experience doing this?
Many have tried this and it basically depends on the school. The school could allow them to enroll normally based on their sponsorship being in progress. It could request that you apply for student visas for them and pay tuition or it could flat out refuse them.
 

computergeek

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Jan 31, 2012
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IvanP said:
2 children (biological, so no adoption papers)
If you were born in Canada or naturalized, your children are Canadian Citizens by birth. You shouldn't need to sponsor them and they shouldn't have any problems attending school in Canada, though you may need to prove they are Canadian citizens.

You shouldn't have sponsored them - they aren't technically eligible for sponsorship. I'd be surprised if CIC didn't reject your sponsorship on that grounds alone (which unfortunately makes your application more complicated.)
 

Shiny88

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Mar 26, 2011
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03-2013
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05-2013
LANDED..........
3-6-2013 Finally! all the best everyone
anyone could you tell me if its a bad idea to send email to visa office after an interview? almost 2weeks no change in ecas & no email, officer said spouse will be emailed decision in 7days which never hapenned ,he didnt keep any proof beside police clearance and took husband email id. Should i email or just let them do their job and wait ???
 

stevelo

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Apr 7, 2012
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Shiny88 said:
anyone could you tell me if its a bad idea to send email to visa office after an interview? almost 2weeks no change in ecas & no email, officer said spouse will be emailed decision in 7days which never hapenned ,he didnt keep any proof beside police clearance and took husband email id. Should i email or just let them do their job and wait ???
Did you try getting GCMS notes, or going to your MP?
 

Shiny88

Champion Member
Mar 26, 2011
1,203
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Ontario
Category........
Visa Office......
Singapore (sponsor)
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02/2011
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03/2011
Med's Request
12/2012
Med's Done....
01/2011
Interview........
request:10/2011, date:12/2012 (Ecas:In Process 13dec.)
Passport Req..
03-2013
VISA ISSUED...
05-2013
LANDED..........
3-6-2013 Finally! all the best everyone
stevelo said:
Did you try getting GCMS notes, or going to your MP?
no, i didnt order gcms because i dont think they made any decision as of yet, ecas still show application received. Also i went to mp's office previously and the receptionist said she would contact singapore because it was taking long for the interview to be scheduled, i went twice she never called me back.so no help from that side. I think i should order gcms but by the time it comes to me which is 30days i am sure i will have an answer by then.. :-X
 

NF

Newbie
Dec 10, 2012
6
0
computergeek said:
I don't know what to tell - the US Embassy website for Germany lists requirements under German law ( but a passport is definitely not one of them. If German law requires a passport and he cannot obtain a passport, then you cannot get married. You should confirm this and have documentary evidence, as in such a case you could then pursue sponsorship as a "conjugal partner". I will note that in order to immigrate to Canada, he would require a travel document - it doesn't have to be a passport. If he cannot obtain at least a travel document, my understanding (and I am not an immigration lawyer or consultant, so I could be wrong here) is that the only other option is an H&C application asking to be granted an exception for the travel document requirement.
thank you my friend i got my answer :)
 

NF

Newbie
Dec 10, 2012
6
0
Leon said:
So you are in the situation that you want to sponsor your foreign spouse for permanent residency of Canada and don't know where to start. Here are some tips:

Married, common law or conjugal partners

First you need to pick an application class. There are three of them: married, common-law and conjugal. For all of them, you need to prove the genuineity of your relationship. For common-law, you need to prove that you have lived together for 12 months or longer. For conjugal, you need to prove that you have combined your affairs as much as possible but there are real immigration barriers or other barriers preventing you from living together or getting married. Conjugal is the hardest to prove. For example, if your partner could get a visit visa to come to Canada for 6 months and then apply for an extension to get the full year, even though they will not be allowed to work, that is not considered an immigration barrier. An immigration barrier is if your partner tries to get a visit visa to come to Canada and is repeatedly refused. Some people have had luck with the conjugal class but try to avoid it if possible.

Outland or inland?

Now you need to decide if to apply outland or inland. If your spouse is not in Canada and can not get a visa to go to Canada, you must apply outland. That means that you will send your application to Mississauga and they will approve you as a sponsor. The time that takes is usually 1-2 months to but current processing times can be seen here: After that, the application is forwarded to your local visa office. If your spouse is residing in a country other than the country of their nationality, you can pick which of the two visa offices you want. Otherwise it will be processed in their country of nationality. You can see the processing times here:

If your spouse is staying in Canada as a visitor or on some other visa, you can pick whether you want to apply outland or inland. Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it's being processed. Inland has the downside that it's generally not advised that your spouse travels while you are waiting for your processing because it is a requirement of inland that they reside in Canada and if they are denied entry at the border for some reason, your application is gone. If an interview is required for inland, you may also have to wait a long time for it. The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months. The current processing times can be seen here Then the file is forwarded to your local CIC office where you live and they will contact you for a landing appointment. Getting the PR with inland usually takes 12-18 months. If an interview is required for inland, Vegreville will not give first stage approval but instead will forward the application to the local CIC office without it and you will have to wait for them to have time for your interview. In some cases that can take a year or two. If you do get the first stage approval, your spouse will usually be eligible for health care and an open work permit. It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it's tied together.

Which method to pick depends on your situation. If your spouses country of nationality has a long processing time or your spouse does not want to have to travel there for a possible interview, then inland is the way to go. For faster processing and freedom of travel during the processing time, outland would be better. You can find the application forms for inland at

Avoiding potential problems with your application

The most common reason for people to be called for an interview is that the visa officer has doubts about the relationship being genuine. It is up to you to send immigration some quality data, emails, chat logs, phone records, photos, letters and other material to prove to them that your relationship is the real thing. Other reasons you might have problems with is eligibility of the sponsor. The sponsor can not be on social assistance, can not be bankrupt and can not have a record of violent crimes or crimes against family members. If that is the case, better talk to a lawyer and get that cleared up before attempting to apply.

Dependent children

If your spouse has dependent children, they must be included in the PR application, even if they are not coming to Canada. They will need to have medicals as well to keep the option open to sponsor them later. The only way that immigration will accept the application without those medicals is if the children are no longer minors and refuse to have it or if the children are in the full custody of their other parent who refuses to make them available for medicals. In that case, your spouse needs to sign a statement stating that they know that they will never be able to sponsor these children to Canada in the future.

Dependent children are classified as single and either under 22 years of age or if they are older, they must have been full time students since before age 22 or dependent on their parent due to a disability or medical problem.

Refusals due to income and medicals

You will be asked to provide information about your income but you will not be denied to sponsor your spouse and dependent children because you do not make enough money. It is possible though that if you make absolutely no money at all that immigration may ask you how you plan to support yourselves.

Spouses and dependent children are also exempt from the clause about excessive demand on health care so you do not have to worry about them being refused for that reason.

Sponsoring your spouse while living in another country

If you are a Canadian citizen, you can sponsor your spouse without being in Canada but you do then have to prove that you are planning on moving to Canada when your spouse gets approved for permanent residency. Such proof can include having arranged jobs, being accepted to college, having arranged housing or letters from friends & relatives stating that they know of your plans and that you can stay with them while you look for housing etc.

If you are a PR, you must reside in Canada in order to sponsor your spouse. You can chance short vacations (remember that a Canadian vacation is generally no longer than 2 weeks) but if immigration finds out that you are not in Canada, you risk getting your application refused.
thank you dear leon.. i got my answer
 

IvanP

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Jul 24, 2012
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computergeek said:
If you were born in Canada or naturalized, your children are Canadian Citizens by birth. You shouldn't need to sponsor them and they shouldn't have any problems attending school in Canada, though you may need to prove they are Canadian citizens.

You shouldn't have sponsored them - they aren't technically eligible for sponsorship. I'd be surprised if CIC didn't reject your sponsorship on that grounds alone (which unfortunately makes your application more complicated.)
I got citizenship under the 2009 law as first-born to Canadian born in Canada whose citizenship was restored under the 2009 law, and they were born before 2009, so they aren't citizens. Slightly complicated, but pretty sure the analysis is correct.
 

computergeek

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Jan 31, 2012
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Med's Done....
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26-09-2012
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IvanP said:
I got citizenship under the 2009 law as first-born to Canadian born in Canada whose citizenship was restored under the 2009 law, and they were born before 2009, so they aren't citizens. Slightly complicated, but pretty sure the analysis is correct.
That's why I hedged - there are always some unusual situations.

Good luck with the application!
 

cempjwi

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Mar 14, 2012
450
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CPP-Ottawa
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Doc's Request.
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AOR Received.
15-Oct-12; In-process 26-Mar-13
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15-Oct-12
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02-Apr-13 Chest Xray Only
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14-May-12; 04-Apr-13 (Delivered 15-Apr-13)
Interview........
Waived
Passport Req..
19-Apr-2013
VISA ISSUED...
19-Apr-2013 (Rcvd May 15th, 2013)
LANDED..........
1-July-2013
Leon said:
If he marries before landing, he will be obligated to add his spouse to his application before landing. This may delay his visa and landing because the spouse will have to go through background checks and medicals. If the spouse fails the medicals, they would both be refused.

If he marries before landing and does not add his spouse to this application, he will have a problem. A PR visa gained while single becomes invalid if you marry before you land. If he would disclose being married when he lands, they would refuse him to land. If he would not disclose, he would get his PR but as soon as he would try to sponsor his spouse they would know he was married when he landed and this would make him guilty of misrepresentation, he would be barred from sponsoring his spouse and could have his own PR revoked.
That is exactly what I intended to say. Changing his circumstances may complicate his landing (I should have added "and the entire status of his PR application").
 

cempjwi

Hero Member
Mar 14, 2012
450
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CANADA
Category........
FAM
Visa Office......
CPP-Ottawa
App. Filed.......
31-Jul-12
Doc's Request.
09-Feb-13; Sent 13-Mar-13
AOR Received.
15-Oct-12; In-process 26-Mar-13
File Transfer...
15-Oct-12
Med's Request
02-Apr-13 Chest Xray Only
Med's Done....
14-May-12; 04-Apr-13 (Delivered 15-Apr-13)
Interview........
Waived
Passport Req..
19-Apr-2013
VISA ISSUED...
19-Apr-2013 (Rcvd May 15th, 2013)
LANDED..........
1-July-2013
Lost Canadian said:
I was born in England in 74 and came to Canada when I was 3 weeks old. I was removed for what they claim serious criminality. I did have run ins with the law and did serve a sentence over six months but was a CSO the Supreme Court judge found me no threat to society. I was torn away almost 3 months ago from my fiancé and 5 children the youngest being 2 months at the time, we have just found out my fiancé is pregnant with twins due in June 2013. We are truly lost as to what's going to happen to us and our family it is a horrible thing that has happened My past was my past and our whole future has been shattered. My children are taking thing very hard and my fiancé has been left alone to deal and financially on her maternity leave our boy now being almost 5 months is growing up without his dad my fiancé has lost her support and best friend as I have also. I need to know if anyone has anything they can offer in situations like this i lived in Canada all my life from 3 weeks to 38 and I call Canada my home it's all I know it's where I was raised its where my life is I work 2 jobs and support my family my family is now being forced to welfare because I'm not there anymore ! There's not to many cases as mine and it's very complex I know just any help plz we are praying for anything my children want there daddy back I want my family my home and my life back
Since you never knew anything else other than Canada as your home you probably never felt like average immigrants, who know that they always needs to watch what they do - that is, follow the law - so they don't lose what they fought so hard for. That feeling of belonging [to Canada] might have put you in a vulnerable position that you could never analyze or even see. Having been removed from Canada and having a criminal record is a lot to overcome if you wish to come back to Canada. You may very well never be able to do so but if you do, it might take quite some time. Since you are back in England (I assume per your post, as you say you were born in England) you might want to assess the possiblity of trying to establish yourself there and bring your fiance and your kids to England, even if temporarily until you figure out a way back. You cannot stop your life (or your kids') just because Canada is not your immediate option; and it is not like they returned you to a country that is not comparable to Canada or where you cannot speak the language.
 

Leon

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IvanP said:
I got citizenship under the 2009 law as first-born to Canadian born in Canada whose citizenship was restored under the 2009 law, and they were born before 2009, so they aren't citizens. Slightly complicated, but pretty sure the analysis is correct.
I went back to look at your old posts and saw that I replied to you in July saying that I think your children are not citizens. Your father was the one born in Canada. He lost his citizenship as a minor because of gaining US citizenship with his parents under the former citizenship act. The 2009 law restored his citizenship and you gained yours based on that, being first generation born abroad.

The question would be, did that also restore citizenship to your children? In most cases, the new citizenship act limits citizenship to the first generation born abroad so I think your children did not gain it. You can read about it here: http://www.cic.gc.ca/english/citizenship/rules_2009.asp

If your father had not lost his Canadian citizenship back then and had registered your for citizenship when you were a child and you had again registered your children when they were born which was before 2009, they would have been 2nd generation born abroad but they would still have had citizenship under the former citizenship act. Any children born after 2009 would not have been because that is what the new citizenship act changed, that it is limited to first generation born abroad.
 

Leon

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Jun 13, 2008
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Lost Canadian said:
I was born in England in 74 and came to Canada when I was 3 weeks old. I was removed for what they claim serious criminality. I did have run ins with the law and did serve a sentence over six months but was a CSO the Supreme Court judge found me no threat to society. I was torn away almost 3 months ago from my fiancé and 5 children the youngest being 2 months at the time, we have just found out my fiancé is pregnant with twins due in June 2013. We are truly lost as to what's going to happen to us and our family it is a horrible thing that has happened My past was my past and our whole future has been shattered. My children are taking thing very hard and my fiancé has been left alone to deal and financially on her maternity leave our boy now being almost 5 months is growing up without his dad my fiancé has lost her support and best friend as I have also. I need to know if anyone has anything they can offer in situations like this i lived in Canada all my life from 3 weeks to 38 and I call Canada my home it's all I know it's where I was raised its where my life is I work 2 jobs and support my family my family is now being forced to welfare because I'm not there anymore ! There's not to many cases as mine and it's very complex I know just any help plz we are praying for anything my children want there daddy back I want my family my home and my life back
Similar thing happened to my cousin. PR for 40 years or something, still didn't stop him getting deported.
You will need a lawyer for this and you may need to wait until you can apply to be pardoned and you may need an ARC. You can read about ARC's here: http://www.cic.gc.ca/english/information/inadmissibility/arc.asp

When you have it cleared up that you may return to Canada again, your fiancee can sponsor you but only if you are common law partners or married. I am not sure if a common law is accepted if you have at that point not lived together for some time but you could marry her either by inviting her to the UK or meeting her in the US. You could also look into bringing her and the children to the UK.