Spousal sponsorship

[IvanP]

Hi computergeek: I understand if someone has Bankruptcy can't sponsor spouse in 7 years until it is clear. But what if someone has filed for 'consumer proposal', can he/she sponsor spouse of NOT. Please help me from your vast knowledge of immigration. Thanks in advance. By the way, I put this question as an independent post but nobody responded yet. So I thought I should ask you.

I don't think you are correctly understanding the rule concerning bankruptcy. Bankruptcy is only a bar to sponsorship if your bankruptcy case is still pending. Once the bankruptcy case is over (discharged), you should be free to sponsor.

 

[Brooksee]

Hello, My representative emailed the embassy in Havana two days ago to see What's the status of my sponsorship for my wife is at. Is there anyone on this site that might have an idea what I should expect To hear from the Embassy or when I may hear something from the embassy?

 

[computergeek]

I m still confused, are you sure cic not going to cancel my pr bcz i lived with him about 2.5 months n they wud say u were living together n were in relationship of grlfrnd boyfrnd. What is actual congjual relationship. I m damn confused. What should i do.
Plz telll frndzzi am really tensed. I post before yesterday too. Plz help

You aren't prohibited from living together - the only issue would be if you were in a common-law relationship at the time you became a permanent resident. From what you've described, that's not an issue here - 2.5 months together would not qualify as a common-law partnership.

Typically "conjugal" means that you have combined your lives and are living like a married couple - cohabitating, sharing finances, vacations together, etc.

Conjugal partnerships are not a bar at all - only spouse or common-law.

 

[computergeek]

i. When is the best timing for the marriage in terms of having more chances to get the TRV. To what I've learned from a few threads the embassy is very reluctant to grant a spouse with TRV whether or not the sponsoring process is on the go. Might be wiser for her to apply for TRV, get it and then move to Canada where we arrange a ceremony, submit for Inland and reside for 14 months in Canada?
Though the above scenario looks logical for me I can foresee some potential pitfalls where I really in need of your expert comments.

Get the TRV before getting married or entering into a common-law relationship. That's no guarantee, but it does tend to make it easier.

ii. By asking TRV (say for language courses/tourist visit/invitation from me/study permit– not sure which format is the most certain) we hide the intention to start sponsorship which could mean a red flag during first stage approval which would mean a delay for working permit and overall process for months until the interview is arranged. Is that case a certain red flag for the officer? Please share your view/advises on the point. Another option could be a marriage after TRV has been received and before entering Canada but not sure if we violate any visa rules by doing this. Please advise.

That's not the way it works generally - who is to say she didn't come to "check things out" and see if she WANTED to live in Canada with you. That doesn't violate any rules. Note: do not lie to CBSA or CIC. That doesn't mean you have to tell them all possible future outcomes, either.

iii. TRV is usually 6 months long but I head that Canadian border officers can reduce the stay which would bring extra risk to the Inland preparation in Canada with my wife's tight legal period . Is this exceptional case or rather standard one?

It's up to the officer. They CAN reduce the stay, but you can also apply online to extend it from inside Canada - that's much easier if you show you've already applied (or at least paid the application fee).

iv. The ceremony in Canada itself would be without parents/friends attending (as no one has visas and it is very costly to get them in Canada) – possibly more suspicions for the officer and again interview?

Possible? Sure. Not likely - after all, your desire to be with your wife in Canada, and that seems persuasive.

v. Once married in Canada my gf will change a last name. How to arrange the change in ID and police/medical papers along with the forms for Inland application. Maybe better not to change the last name and use those forms prepared in advance before we enter Canada? Is that possible to have papers (medical/police checks) done before marriage and use them for Inland or spouse status is required?

There is no requirement she change her last name. In fact, it is not lawful in Quebec. Yes, she can have information done before the marriage - it just has to be current/valid at the time you submit the application.

vi. Is Inland implies Always a legal status in Canada for the spouse until she gets PR?

She should apply for an extension of status (open work permit for example) WITH the PR application. That gives her implied status and she is legal. Inland applicants do not have to be in status, but it's always better to remain in status.

vii. I've had my PR under Quebec immigration program – is it obligatory to apply the sponsorship package via Quebec office?

No. PRs have the right to live anywhere in Canada.

 

[laneaoshay]

Hello
I was hoping to get some advice here as I am trying to do this application alone and it's very confusing.

Our story;
I am 38, never been married and work in nursing and live in BC, Canada. My spouse is 50 never been married and lived in Germany. We met online in January 2011 via the game "second life". We spent every day together as "partners" online, chatting and instant messaging for about a year. We fell in love and decided we needed to meet in real life.

In August 2012 he came here for three weeks to visit me. It was a short visit as he had to return to work. Upon his arrival immigration gave him a paper that said he must leave on the date of his ticket, because he didn't come with a million dollars and because they said he had no ties to his homeland and they weren't sure he would go. He visited and things were great, and he left as required without any problem.

We missed each other very much and it was awful to go back to online life together. We decided that we'd like a longer visit together. He came back in Nov 2012 for three months. No visa or whatever, just his passport and ticket which was stamped with a date written on it for 6 months later. No paper this time. I became pregnant and we had argued quite a bit due to my stress and the language barrier, and I threw him out for a bit. I had a miscarriage and this brought us closer together and we decided we loved each other and didn't want to be apart.

We got officially married in Canada on May 1, 2013. My 12 yr old and 15 yr old children love him and love our new family. His passport was stamped for May 16th or so. I didn't realize that he must do something before that date to extend his stay, so I was just thinking I would sponsor him as my spouse as I am a Canadian citizen.

I have been waiting for the German papers for his police record and medical records, which have just arrived ;D and now I want to proceed with our application for his citizenship.

apparently I need to translate his German language police certificate, birth certificate and doctors notes? Anyone know where I can find someone to do that for a reasonable fee?

And the grand question (which I pray to God someone can give me) how (step by step) should I proceed and what are the costs? I have read it will be $1040 lump sum for the sponsorship app, principal app and right of perm residence?

any help anyone could give would be greatly appreciated, I will be checking this thread like a mad woman anxiously hoping for a response.
God bless and thank you in advance.

 

[CanadianJeepGuy]

He can't become a citizen until he has first been granted his permanent residency. So you will want to do a spousal sponsorship inland.

http://www.cic.gc.ca/english/information/applications/fc.asp

Did you get his visitor visa extended? If not you should get that done first.

"Restoration of Status

Where a foreign worker, international student or visitor has failed to apply for an extension of their status prior to the expiry of their current status document and have subsequently lost their temporary resident status in Canada, they may be eligible for a restoration. Section 182 of the IRPR provides that temporary resident status can be restored where it is established that a visitor, worker or student meets the initial requirements for their stay and have not failed to comply with the specified conditions. A restoration of status is only available within ninety (90) days of the expiry date of the individual’s Canadian status document and the individual must have only failed to comply with one or more of the following conditions:
The individual lost status because they remained in Canada longer than the period authorized for their stay (but not longer than 90 days);
The individual was not required to obtain a work permit to work in Canada, but changed employers, type of work, or location of work without applying to change these conditions if they were specified on the visitor record;
The individual changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on their study permit if they were specified on the study permit; or
The individual continues to meet the initial requirements for their stay and have not failed to comply with any other conditions imposed.


Thus, if an individual lost their status in Canada less than 90 days ago, failed to comply with one or more of the above conditions, but still met the initial requirements of their stay, a restoration of status may be a viable option for them.

However, it is important to note that restoration of status is an option that is only available from inside Canada. Once an individual has left Canada, they will need to apply for a new temporary visa. For example, if an international student loses status in Canada due to the expiry of their study permit and subsequently leaves Canada to visit family, they will not be eligible for a restoration even if the ninety (90) days had not elapsed since the expiry of their study permit."

 

[laneaoshay]

Did you get his visitor visa extended? If not you should get that done first.

thank you very much, any idea of the cost and where I can find the forms for that? What do they consider my husband if he came with a plane ticket and just has a passport but no other papers? a visitor visa? or does that have an official name?

then I will know what Im applying to extend. thank you again for your help.

I intend on sponsoring him as my spouse but I am finding the whole thing so overwhelming..and Im on a budget also, so I don't want to mess any steps up from here on out and incur more costs.
I really want to make sure I take the appropriate steps at the appropriate times..
thank goodness for this forum and for you all!

 

[scylla]

thank you very much, any idea of the cost and where I can find the forms for that? What do they consider my husband if he came with a plane ticket and just has a passport but no other papers? a visitor visa? or does that have an official name?

then I will know what Im applying to extend. thank you again for your help.

I intend on sponsoring him as my spouse but I am finding the whole thing so overwhelming..and Im on a budget also, so I don't want to mess any steps up from here on out and incur more costs.
I really want to make sure I take the appropriate steps at the appropriate times..
thank goodness for this forum and for you all!

You can't apply for an extension at this point because he has overstayed his allowed stay. An extension would have only worked if you had applied before May 16th. Your only option at this point (without having him leave the country) is the restoration of status.

 

[laneaoshay]

You can't apply for an extension at this point because he has overstayed his allowed stay. An extension would have only worked if you had applied before May 16th. Your only option at this point (without having him leave the country) is the restoration of status.

thank you Scylla, see what I mean? the ins and outs of it all are so confusing. I have never done this before or had any dealings with immigration at all. I sure appreciate the insight! and will follow up on that immediately.

Any idea on the cost of this form?

 

[guardianofthemoon]

Wow, I can't believe how much you and I have in common hun. I am a US Citizen, married to a Canadian Citizen, we met online when I was 36 and fell in love while playing World of Warcraft. I am now living in Canada, and we are about to go through the same process. I have 3 older daughters from a previous marriage and they are living in the states, and my hubby and I have one child she is almost 2. The whole process is so scary and I am like you unsure what to do. I was just stunned by the resemblence to my story and glad to see someone else falling like I did. Good luck to you, maybe we can keep each other posted on our progress.

 

[laneaoshay]

Wow Guardian, that would be terrific!
I sure wish you well, and yes it seems we are rather in the same boat!
fingers crossed for us both..

 

[computergeek]

Hello
I was hoping to get some advice here as I am trying to do this application alone and it's very confusing.

Our story;
I am 38, never been married and work in nursing and live in BC, Canada. My spouse is 50 never been married and lived in Germany. We met online in January 2011 via the game "second life". We spent every day together as "partners" online, chatting and instant messaging for about a year. We fell in love and decided we needed to meet in real life.

In August 2012 he came here for three weeks to visit me. It was a short visit as he had to return to work. Upon his arrival immigration gave him a paper that said he must leave on the date of his ticket, because he didn't come with a million dollars and because they said he had no ties to his homeland and they weren't sure he would go. He visited and things were great, and he left as required without any problem.

We missed each other very much and it was awful to go back to online life together. We decided that we'd like a longer visit together. He came back in Nov 2012 for three months. No visa or whatever, just his passport and ticket which was stamped with a date written on it for 6 months later. No paper this time. I became pregnant and we had argued quite a bit due to my stress and the language barrier, and I threw him out for a bit. I had a miscarriage and this brought us closer together and we decided we loved each other and didn't want to be apart.

We got officially married in Canada on May 1, 2013. My 12 yr old and 15 yr old children love him and love our new family. His passport was stamped for May 16th or so. I didn't realize that he must do something before that date to extend his stay, so I was just thinking I would sponsor him as my spouse as I am a Canadian citizen.

I have been waiting for the German papers for his police record and medical records, which have just arrived ;D and now I want to proceed with our application for his citizenship.

apparently I need to translate his German language police certificate, birth certificate and doctors notes? Anyone know where I can find someone to do that for a reasonable fee?

And the grand question (which I pray to God someone can give me) how (step by step) should I proceed and what are the costs? I have read it will be $1040 lump sum for the sponsorship app, principal app and right of perm residence?

any help anyone could give would be greatly appreciated, I will be checking this thread like a mad woman anxiously hoping for a response.
God bless and thank you in advance.

He is now out of status. He can restore status (as suggested) or he can leave the country and re-enter (e.g., go to the US and then come back to Canada) - an overstay is forgiven when you leave unless you are under a removal order. If you have paid the application fee (at least $550 for the sponsor + applicant fee) you can show that and your marriage certificate (you should have that back, BC is pretty fast in my experience) to CBSA and they should allow him to re-enter.

You can apply inland for restoration ($200) plus an extension of visitor status ($75) instead. But I'd recommend the same thing: include a copy of the fee receipt for the PR application. That will allow CIC to know you are serious about your intentions.

As for translation, I just typed "german document translation vancouver" and came up with a list of a half dozen companies. Here's a link to one (https://www.straker.ca/services/translations/en/immigration-certificate-translation.cfm) that looked good (you scan the document, get a quotation from them, pay them via paypal and they send you a certified translation). It says $35 and up. There are plenty of other services out there as well, so do your shopping! I don't know these folks and I don't get anything if you use them (or anyone else).

The other option is to get your in-Canada application ("inland") submitted. He does not need to be in status for you to apply in that fashion (he does need to be in-status for you to apply outland, though, if he is to remain in Canada.)

Fees:

Sponsor: $75
Applicant: $475
Right of Permanent Residence Fee (RPRF): $490 (can be paid after approval, but for outland that adds 2-4 months to the PR process)

Visitor extension: $75
Work Permit: $150 (he can apply for an "open work permit" IF you submit an inland sponsorship application - he doesn't qualify for one if you submit an OUTLAND sponsorship application).
Restoration of Status: $200

Good luck!

 

[laneaoshay]

He is now out of status.

You can apply inland for restoration ($200) plus an extension of visitor status ($75) instead. But I'd recommend the same thing: include a copy of the fee receipt for the PR application. That will allow CIC to know you are serious about your intentions.

As for translation, I just typed "german document translation vancouver" and came up with a list of a half dozen companies. Here's a link to one (https://www.straker.ca/services/translations/en/immigration-certificate-translation.cfm) that looked good (you scan the document, get a quotation from them, pay them via paypal and they send you a certified translation). It says $35 and up. There are plenty of other services out there as well, so do your shopping! I don't know these folks and I don't get anything if you use them (or anyone else).

The other option is to get your in-Canada application ("inland") submitted. He does not need to be in status for you to apply in that fashion (he does need to be in-status for you to apply outland, though, if he is to remain in Canada.)

Fees:

Sponsor: $75
Applicant: $475
Right of Permanent Residence Fee (RPRF): $490 (can be paid after approval, but for outland that adds 2-4 months to the PR process)

Visitor extension: $75
Work Permit: $150 (he can apply for an "open work permit" IF you submit an inland sponsorship application - he doesn't qualify for one if you submit an OUTLAND sponsorship application).
Restoration of Status: $200

Good luck!

Hello computergeek!
Thank you so much for your insight and input!
We haven't applied for any papers yet, I am just trying to figure out what we should do first.
I do not want him to leave and go back to Germany if we can avoid it.. so I am a little confused about your suggestions with respect to "inland or outland". "Inland" is when you are in Canada, correct? so I guess our application will be inland unless somehow he gets thrown out before we can do that.

so you are saying I can simply send the forms right now away for sponsor/applicant/ropr? That would indeed save time.

will I need to apply for the other fee's you listed as well? the visitor/work perm/restoration at the same time, or at all?

Now Im a little baffled, but I sure do appreciate your suggestions!

 

[laneaoshay]

ps: I did the same google thing but since it must be certified I added that word. I saw straker also but they said they were certified for the US immigration and Im in Canada. I was thinking perhaps it was as delicate as situation as the doctor/medical exam thing, and that perhaps they needed specific people to fill in those translation forms also.

thank you for that info though

 

[computergeek]

Hello computergeek!
Thank you so much for your insight and input!
We haven't applied for any papers yet, I am just trying to figure out what we should do first.
I do not want him to leave and go back to Germany if we can avoid it.. so I am a little confused about your suggestions with respect to "inland or outland". "Inland" is when you are in Canada, correct? so I guess our application will be inland unless somehow he gets thrown out before we can do that.

Inland versus Outland has to do with where the application is processed, though there are different requirements depending upon the process.

Inland: processed in Canada. Applicant MUST be living with sponsor in Canada throughout the process.
Outland: processed outside Canada. Applicant can be anywhere in the world.

so you are saying I can simply send the forms right now away for sponsor/applicant/ropr? That would indeed save time.

will I need to apply for the other fee's you listed as well? the visitor/work perm/restoration at the same time, or at all?

Now Im a little baffled, but I sure do appreciate your suggestions!

You can apply now via the inland process yes. Even though he is out-of-status. Note that IF he gets into legal trouble he WILL be deported, but as long as the application is pending and he doesn't receive a removal order, he will be ok. Once AIP is granted he can obtain an open work permit. If you apply for the open work permit at the same time, it will normally be granted when AIP is granted (~7 months right now).

So minimal fees: $75 + $475 ($550 total) for the application package (your part and your partner's part).

You MAY apply for an open work permit now ($150) or wait until AIP (but then it takes 2 extra months to get).

You will need to pay the RPRF once the application is granted ($490).

You have other costs: police certificates (including translations) and medicals. The medicals can be deferred for an inland application (do them in ~6 months so they have them once AIP is granted).

KEEP COPIES OF EVERYTHING. Send the package via courier (get a signed receipt). CIC loses things.