Spousal sponsorship

[manubobby]

Re: Spousal sponsorship , Please help !

There are a 2 ways you could do this in my opinion.
1) Get married in Canada legally. File outland PR application (assuming you are Indian citizens, so New Delhi CHC). She goes back in April and you wait it out til she gets her PR approved. ND is being horribly slow these days, so be prepared for her to wait it out for up to 10 months. This way, she can continue her job in India til she gets her PR

2) Get her to apply for visitor visa and stay with you. File inland application. This takes longer than outland, up to a year or more I have heard. Pros: She'll be with you physically. Cons: She'll have to quit her job. Can't work on visitor visa. You may apply for an Open Work Permit once you file outland application, but that too takes time, so there will be a period where she'll be ineligible to work.

Also, in both cases, get plenty of pictures of your parents and her parents together, friends and family together. Since you and her go back a long way, show old emails, letters etc. VERY IMPORTANT since she was on a LMO and now wants to apply for PR as a spouse, you'll need to show strong evidence of a relationship.

Good luck!

hi maplegal86,

seems like a good info regarding spousal sponsorship.. I would like to ask a few questions if you dont mind answering. I applied for PR to canada under PNP Family Stream as my sister is living there back in 2011.. and got my passport back last week with the visa.. I am planning on flying to Canada next month and do my landing ... I am currently single and I have been in 7 year long relationship and intend on marrying her soon.. and was waiting to get my visa and I do not want to get married now as I will have to return the visa and get do the whole application with the spouse that will be another 6 to 8 months delay.. ive already waited for 20 months to get this far. So I want to do my landing next month, and then planning on coming back to India in June or July and get married, so that I will have my PR card by then, what I would like to know is what is the easiest way to take my wife along with me when I get back? I dont want her to stay back in India after marriage while me being in Canada.. Do you think I get a visit visa for her? If so what are the requirements and later on how do I sponsor her to become a permanent resident and what are the requirements for that ? we have email chats that go back to 2007 and enough photographs, so I am assuming that shouldnt be a problem. What I would like to know if she should apply for visitor visa prior to getting married or after we get married? The important thing here is that I would like the two of us to go back soon after the marriage .. I do know that she wont be able to work when is on visitor visa, but do you think she can get an open work permit when I apply for a spousal PR? also while being in Canada on visitor visa, would I be able to apply for outland spousal visa or is it mandatory that I have to apply inland? Please do reply.. looking forward to your response.. Cheers

 

[Leon]

Re: Spousal sponsorship , Please help !

I am currently single and I have been in 7 year long relationship and intend on marrying her soon.. and was waiting to get my visa and I do not want to get married now as I will have to return the visa and get do the whole application with the spouse that will be another 6 to 8 months delay..

I hope you are not living with your fiance as a husband and wife. If you have lived together for more than 12 months as a couple, you are considered common law partners in Canada and if this is the case, you are obligated to declare her as your partner and add her to your application.

ive already waited for 20 months to get this far. So I want to do my landing next month, and then planning on coming back to India in June or July and get married, so that I will have my PR card by then, what I would like to know is what is the easiest way to take my wife along with me when I get back? I dont want her to stay back in India after marriage while me being in Canada..

Unfortunately, it might not be possible to take her along. She would need a visit visa so it is up to you when you apply for that and what you plan to say she is going to Canada for. However, saying that she is going to be staying in Canada with her future husband could make it a lot more likely for her to be refused and not saying it means you are lying to immigration which is also not good.

If you don't manage to take her with you to Canada, you will have to apply to sponsor her outland. That means that the application is processed in Mississauga and New Delhi. It might take 6-8 months for her to get her PR if you are lucky. India is fairly fast in that regard.

If you do manage to get her to Canada with you, you would still be able to apply outland but you would also have the option of applying inland. If you apply inland, she must stay in Canada for the duration of the processing. If you apply for an open work permit at the same time, she might get one after about 6 months and Step 2, getting PR takes around 8 months right now, see http://www.cic.gc.ca/english/information/times/perm-fc.asp

 

[maplegal86]

Re: Spousal sponsorship , Please help !

hi maplegal86,

seems like a good info regarding spousal sponsorship.. I would like to ask a few questions if you dont mind answering. I applied for PR to canada under PNP Family Stream as my sister is living there back in 2011.. and got my passport back last week with the visa.. I am planning on flying to Canada next month and do my landing ... I am currently single and I have been in 7 year long relationship and intend on marrying her soon.. and was waiting to get my visa and I do not want to get married now as I will have to return the visa and get do the whole application with the spouse that will be another 6 to 8 months delay.. ive already waited for 20 months to get this far. So I want to do my landing next month, and then planning on coming back to India in June or July and get married, so that I will have my PR card by then, what I would like to know is what is the easiest way to take my wife along with me when I get back? I dont want her to stay back in India after marriage while me being in Canada.. Do you think I get a visit visa for her? If so what are the requirements and later on how do I sponsor her to become a permanent resident and what are the requirements for that ? we have email chats that go back to 2007 and enough photographs, so I am assuming that shouldnt be a problem. What I would like to know if she should apply for visitor visa prior to getting married or after we get married? The important thing here is that I would like the two of us to go back soon after the marriage .. I do know that she wont be able to work when is on visitor visa, but do you think she can get an open work permit when I apply for a spousal PR? also while being in Canada on visitor visa, would I be able to apply for outland spousal visa or is it mandatory that I have to apply inland? Please do reply.. looking forward to your response.. Cheers

Leon is right.

I was in a similar situation.

When I applied for my visitor visa, I had to prove strong ties to my country of residence, I had a letter from my employer and my payslips etc. This was to show that I would be returning back. They want to see if you are likely to stay back in Canada. I got a 2 year visitor visa. At immigration, they asked me the same questions. Why are you visiting - visiting husband who works here. When will you go back? In a week. Why such a short period? Because I need to return to work in XYZ (country of residence). Are you planning to move to Canada since your husband is here? Yes, eventually, but right now we both work in different countries.

When I went to Canada again after I had applied for PR and quit my job, they saw I was staying for 6 months (I had bought an open return ticket so I could reschedule my flight to go back as and when NDVO asked for my passport) and I had to go to a different immigration queue where they asked me more questions. They asked me if I had applied for a PR and at that time I had, so I said yes, at NDVO and I was there in Canada to spend time with my husband before I had to go back. It was fairly simple, and the officers were polite.

So you could do your landing and then get married later. However, I have heard stories of even visitor visas being denied, so make sure in your visitor visa, your wife shows STRONG ties to go back to India, letter from employer stating she is employed etc.

Apply for her PR outland, right now NDVO is being very slow, but things are likely to pick up pace once last year's backlog is cleared. It will be anyway faster than inland. Also, if you get rejected by inland process, you cannot appeal. Outland rejection can be appealed. If yours is a genuine case, the chances of rejection are unlikely, but to be on the safer side, go for outland (NDVO). The con of outland: she can't work in Canada until PR is granted.

With outland the good thing is that you are free to move around. With inland, you can't leave Canada until your PR is granted, you can leave but coming back to Canada may be a problem if you have an inland application in progress. Pro of inland: She can apply for open work permit and work in Canada until PR is granted. But I'm not sure what are the chances of getting OWP or how long it takes.

Basically the choice is yours, choose which option suits your lifestyle and situation better.

Best of luck!

 

[computergeek]

It was very clear when the rude Visa Officer from Embassy Manila told me to get back to them once i have the local passport of my daughter to apply for Facilitation Visa..... now they confused us by sending this email. Will it be ideal that we still apply the facilitation visa? or just another waste of money? We will go get her DNA but again we can no longer bear the another wasted months of waiting for the result... he really want us to be with him. We are obviously a genuine family and even my husband can't take anymore all these absurd requirement they asked from us... though many were saying having a child born here in the Phils. with a canadian parent, the embassy will surely give these applicant the hardest time to be reunited with her own family in Canada... such a beautiful life!!! It's not about reunification but controlling lives of people and destroying families...... sorry, just needed to vent out

It sounds like you have had quite the trial. But at this point I wouldn't waste your money on applying for a Facilitation Visa - maybe you can use that to get the DNA test expedited, as that's going to be the most important thing at this point.

I fully understand how frustrating immigration can be - I've been through my own trials and tribulations. But you're very close to the end of the process.

 

[jcorb58]

I have a couple questions if anyone could be so kind to help me with. Ive applied already for our spousal visa and currently waiting acceptance. I live in Aberta but my brother really wants me to move back home ( to British Columbia) and work for him. My wife met him and his wife and our Mom at our wedding and we would love to live closer to them then i presently do now. My question is how much hastle will immigration give me if i move prior to my wife coming here? and are we allowed to live where we want later even though my application to sponsor has me living and working here? Will changing information on our application drag the process on alot longer? Thank you in advance for your reply.

 

[Leon]

I have a couple questions if anyone could be so kind to help me with. Ive applied already for our spousal visa and currently waiting acceptance. I live in Aberta but my brother really wants me to move back home ( to British Columbia) and work for him. My wife met him and his wife and our Mom at our wedding and we would love to live closer to them then i presently do now. My question is how much hastle will immigration give me if i move prior to my wife coming here? and are we allowed to live where we want later even though my application to sponsor has me living and working here? Will changing information on our application drag the process on alot longer? Thank you in advance for your reply.

You should not have any problem moving because spousal sponsorship is not provincial, it is federal. It does not really matter to immigration for your spousal application if you live in AB or BC. Therefore, go ahead and move and inform immigration in a letter that you have moved to BC, what your new address is and what your new job is. If you can send a copy of your employment contract, that would be good.

 

[manubobby]

Re: Spousal sponsorship , Please help !

I hope you are not living with your fiance as a husband and wife. If you have lived together for more than 12 months as a couple, you are considered common law partners in Canada and if this is the case, you are obligated to declare her as your partner and add her to your application.

Unfortunately, it might not be possible to take her along. She would need a visit visa so it is up to you when you apply for that and what you plan to say she is going to Canada for. However, saying that she is going to be staying in Canada with her future husband could make it a lot more likely for her to be refused and not saying it means you are lying to immigration which is also not good.

If you don't manage to take her with you to Canada, you will have to apply to sponsor her outland. That means that the application is processed in Mississauga and New Delhi. It might take 6-8 months for her to get her PR if you are lucky. India is fairly fast in that regard.

If you do manage to get her to Canada with you, you would still be able to apply outland but you would also have the option of applying inland. If you apply inland, she must stay in Canada for the duration of the processing. If you apply for an open work permit at the same time, she might get one after about 6 months and Step 2, getting PR takes around 8 months right now, see http://www.cic.gc.ca/english/information/times/perm-fc.asp

Hi Leon,

Thank you so much for responding, to start off, no we are not living together, we have been dating for 7 years.. Im from India, so things are quite different here, you are either married or single, nothing else is acceptable.. ..

But what I wanted to know is like, I am planning to get married to her in June, and was wondering if she could apply for a Canadian Tourist Visa before we get married and after we get married can she come to Canada with me on tourist visa, but at the same time once I get the certificate, I apply for her PR outland, and probably by the time her tourist visa expires she can travel back to india, get PR and come back again? she owns a restaurant in India, so she has enough reasons to show to come back .. its just that id like to take her along with as soon as I get back to Canada and then stay with me for a few months till she can come back.. I hope you understand what I am trying to say.. cheers

 

[Leon]

Re: Spousal sponsorship , Please help !

But what I wanted to know is like, I am planning to get married to her in June, and was wondering if she could apply for a Canadian Tourist Visa before we get married and after we get married can she come to Canada with me on tourist visa, but at the same time once I get the certificate, I apply for her PR outland, and probably by the time her tourist visa expires she can travel back to india, get PR and come back again?

Right, if she is able to get a visa, you can apply to sponsor her as soon as you get to Canada. If she is called for an interview, she would have to go back. If she is still in Canada after 5 months and nothing happening with her file, you can apply to extend her visit visa based on having applied to sponsor her and her wanting to stay a while longer as she waits for her PR. When she gets her passport request, she would have to go back because you are not allowed to mail Indian passports, at least not outside of India.

 

[jcorb58]

You should not have any problem moving because spousal sponsorship is not provincial, it is federal. It does not really matter to immigration for your spousal application if you live in AB or BC. Therefore, go ahead and move and inform immigration in a letter that you have moved to BC, what your new address is and what your new job is. If you can send a copy of your employment contract, that would be good.

Thank you Leon, i was thinking immigration would be ok with the move, but would this cause major delays to the processing of my visa? Would starting a new job be a concern to them like it is to creditors that want you to have a minimun time period with an employer?

 

[computergeek]

Thank you Leon, i was thinking immigration would be ok with the move, but would this cause major delays to the processing of my visa? Would starting a new job be a concern to them like it is to creditors that want you to have a minimum time period with an employer?

No, it won't cause an issue. There is no minimum time period.

 

[hassan332]

Hello guys, I have read several posts but I am still confused on this issue. I do understand the new rules of spousal sponsorship. I am going to pakistan to get married in april. What are the things I should do to bring my wife to canada asap. How long will it take for her to get to canada. I am a canadian citizen and she is pakistani citizen. Please help thanks.

 

[computergeek]

Hello guys, I have read several posts but I am still confused on this issue. I do understand the new rules of spousal sponsorship. I am going to pakistan to get married in april. What are the things I should do to bring my wife to canada asap. How long will it take for her to get to canada. I am a canadian citizen and she is pakistani citizen. Please help thanks.

Honestly? Try to get her a TRV to come visit BEFORE you get married. Then marry and use that TRV to bring her back to Canada and file for "spouse in-Canada" class sponsorship (the "inland" sponsorship). After you are married, it becomes much more difficult.

Islamabad has a very long wait (more than two years). Unless your future bride has stellar job prospects and/or is wealthy, an outland application will require that she wait out the process in Islamabad. Fortunately, as a Canadian Citizen, you could go to Pakistan to live with your future wife while they spend a couple years processing your application.

Good luck!

 

[redmice]

Hi,

I really hope someone can give me a clearer answer, as i am getting conflicting information.

I have submitted an application to sponsor my spouse last January 2012. Until now, the visa didn't arrive yet. The only loophole that i could think of is that, we haven't submitted the Cenomar (requirement for Filpinos), but rather the court finality of the annulment and the waiver of rights not be sponsored-duly signed by the ex-spouse.

My question is: in case CEM/CIC don't accept the "without cenomar application", can we change the application to common-law? If so, do i have to repeat the whole process or they will just send me some sort of a "conversion form" to fill-up?

Does any of you here had the same experience or similar experience?

Thanks in advance for your inputs.

 

[cempjwi]

Hi,

I really hope someone can give me a clearer answer, as i am getting conflicting information.

I have submitted an application to sponsor my spouse last January 2012. Until now, the visa didn't arrive yet. The only loophole that i could think of is that, we haven't submitted the Cenomar (requirement for Filpinos), but rather the court finality of the annulment and the waiver of rights not be sponsored-duly signed by the ex-spouse.

My question is: in case CEM/CIC don't accept the "without cenomar application", can we change the application to common-law? If so, do i have to repeat the whole process or they will just send me some sort of a "conversion form" to fill-up?

Does any of you here had the same experience or similar experience?

Thanks in advance for your inputs.

I m going to assume you applied as married. If so, if there is a delay in your application and it is thought it is related to the legal status of your marriage it could most likely be caused by you having gotten married again before your annulment was effective (date on your annulment papers say when the annulment is final). However, CIC would have already asked you to provide proof that you married after that date. Otherwise, no, there is no conversion form. If CIC challenges the marriage that followed your annulment because conflicting dates, then you would have to withdraw your application and then solve the marriage issue (perhaps remarrying) and re-apply OR apply as common-law if you qualify. Best way to find out why your case is taking so long in silence is to order a copy of your CAIPS and then contact your VO if something shows up on CAIPS (I have heard that in some cases CAIPS shows that CIC is waiting for something and you never received a notification of it).

 

[Mlneron]

Hi everyone,

I just have a quick question !

My boyfriend (Aussie) and I (Canadian) are applying from INSIDE Canada. We are currently in Australia, and my visitor VISA is running out so we're getting all our papers and forms ready before we go to Canada.

So I've been looking into the Guide on CIC and I've seen they're asking fro fingerprints if you have lived outside your country for more than 6 months.

My boyfriend had a working holiday visa for year and a visitor visa for a year (both visas for Canada), does he need to get fingerprints? Can he get it done in Australia and use them with his INSIDE application while we send everything from Canada.

Thanks for your help,

Marie-Lou.