Spousal sponsorship

[thoxrendar]

Greetings, Forum members.

Here is my situation:

My fiancee and I met last year and got engaged a month ago. I am a Canadian citizen living in Canada and she is a Romanian citizen living in Romania. She is planning to visit me in April to meet my family and again in July at which point we plan to get married and begin the inland application process. We are patient and frugal, and we don't travel much, so the inland option seems the wise choice for us since outland can require visits to the country of origin for interviews. This is the first experience we have with this sort of immigration procedure. Is there any advice or suggestions for how to proceed. We are planning to apply for a multiple entry visa to cover both visits. Or would it make more sense to apply for a single entry visa for each time? Also, does anyone have experience with this method: getting married during a visit and extending the visa? Questions, comments and suggestions are more than welcome. Thanks in advance!

Sincerely,
Thox

 

[cempjwi]

That's very strange. Your interpretation is the correct one. I would (politely/diplomatically) respond stating that you are a Canadian citizen sponsoring abroad pursuant to Paragraph 130(2), which does not require that you reside in Canada until the applicant becomes a permanent resident, and so you believe that information has been requested in error.

Either it's a clerical error, or you got the new guy who hasn't read past paragraph 1, but assert your right confidently and in writing, and I think you should be fine (and hope you are, as my family is in the exact same situation - Canadian sponsor (me) living in US, sponsoring family).

Thanks for your reply. We were left wondering the same questions. Was this a rookie immigration agent? Has something been overlooked? Our application forms definitely state that sponsor lives in the US. We are preparing a statement refering to paragraph 130(2).

 

[lunas]

Good morning!!
I have a question regarding LMOs and traveling.
Even though LMOs are hard to get, I am trying to convince an employer to get me one in Canada. If they gave me a positive response, would I be able to travel back to the US without losing my LMO? I would need to come back in July to take care of the rest of my belongings since it'd be the end of my lease. I am currently living in the US and applying outland.
I hope my question makes sense. Any help or suggestions appreciated.

 

[parker24]

Thanks for your reply. We were left wondering the same questions. Was this a rookie immigration agent? Has something been overlooked? Our application forms definitely state that sponsor lives in the US. We are preparing a statement refering to paragraph 130(2).

I'm wondering if they had the inland instructions up and not the outland ones. Sounds like either a new agent or an exhausted one.

 

[IvanP]

I'm wondering if they had the inland instructions up and not the outland ones. Sounds like either a new agent or an exhausted one.

Or checked Facebook in the middle of processing the application and forgot half the information about the applicant...

 

[Beginner]

That's very strange. Your interpretation is the correct one. I would (politely/diplomatically) respond stating that you are a Canadian citizen sponsoring abroad pursuant to Paragraph 130(2), which does not require that you reside in Canada until the applicant becomes a permanent resident, and so you believe that information has been requested in error.

Either it's a clerical error, or you got the new guy who hasn't read past paragraph 1, but assert your right confidently and in writing, and I think you should be fine (and hope you are, as my family is in the exact same situation - Canadian sponsor (me) living in US, sponsoring family).

All senior members

I did not get info from above case. Can some one please tell me in simple words....
All I am getting from the post is that if a sponsor leaves Canada after sponsoring it creates problem... is it like that ?

 

[parker24]

All senior members

I did not get info from above case. Can some one please tell me in simple words....
All I am getting from the post is that if a sponsor leaves Canada after sponsoring it creates problem... is it like that ?

No. If the sponsor is a citizen of Canada, it's fine for short periods.

 

[Beginner]

No. If the sponsor is a citizen of Canada, it's fine for short periods.

what if he is PR?

 

[parker24]

what if he is PR?

It's fine for short periods, but for extended periods, then I believe (I'm not 100%) it's an issue.

 

[computergeek]

It's fine for short periods, but for extended periods, then I believe (I'm not 100%) it's an issue.

The issue is that a PR must be living in Canada throughout the entire application process. If CIC finds out that the PR is not living in Canada, they will terminate the sponsorship.

Thus, the "short periods" correspond to temporary absences - like vacations. 2-3 weeks is about all they'll consider normal. Beyond that they begin to consider that you are "living" outside Canada.

 

[emily_anya]

Hi, I am wondering if anyone has had experience in filing their taxes in Canada. I am in the final stages of my spousal PR process. My sponsor is a canadian citizen and works full time, I worked for 6 months last year (whilst i was on my work permit). Does anyone know what the best way is to file our taxes? Does he need to list me as a common law partner or a dependant or something else? any help would be greatly appreciated!

 

[computergeek]

Hi, I am wondering if anyone has had experience in filing their taxes in Canada. I am in the final stages of my spousal PR process. My sponsor is a canadian citizen and works full time, I worked for 6 months last year (whilst i was on my work permit). Does anyone know what the best way is to file our taxes? Does he need to list me as a common law partner or a dependant or something else? any help would be greatly appreciated!

If you are partners or spouses, you need to indicate that fact on your returns. You each file your OWN return, but you refer to the other on your return when you file it. In some cases only one of you can claim a specific tax credit and some of the credits are subject to a cap depending upon your partner's income.

 

[emily_anya]

If you are partners or spouses, you need to indicate that fact on your returns. You each file your OWN return, but you refer to the other on your return when you file it. In some cases only one of you can claim a specific tax credit and some of the credits are subject to a cap depending upon your partner's income.

thats great, thanks. Is there anything where I can claim back payments for health care or employment insurance as I was only a worker for 6 months of the year in 2012 and for the last 6 months of 2011? As I was not eligible of either once my status turned to visitor in June 2012. Im guessing not, but thought it might be worth asking!

 

[Beginner]

The issue is that a PR must be living in Canada throughout the entire application process. If CIC finds out that the PR is not living in Canada, they will terminate the sponsorship.

Thus, the "short periods" correspond to temporary absences - like vacations. 2-3 weeks is about all they'll consider normal. Beyond that they begin to consider that you are "living" outside Canada.

I am concerned about your statement "The issue is that a PR must be living in Canada throughout the entire application process." from above quotation that where did exactly did you get this from?

 

[computergeek]

I am concerned about your statement "The issue is that a PR must be living in Canada throughout the entire application process." from above quotation that where did exactly did you get this from?

In the US thread we were discussing this today because it was quoted to a Canadian citizen sponsor. But I've gone back to IRPR to get the exact text:

130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance withsection 10.

130(2) actually grants relief to Citizens living abroad, but it does say they must be living in Canada by the time the applicant becomes a permanent resident.

130(3) describes the five year ban on sponsoring a spouse (and answers a question that came up in a different thread).