Spousal sponsorship

[frege]

I don't think so because for a sponsorship application for the kids, she needs to do an address history but for a TRV extension she doesn't so there would be nothing on paper to attract the attention of immigration to the fact that she doesn't meet the residency obligation. However, they might be suspicious and want to know why she isn't applying to sponsor them for PR and they could refuse their visitor status extensions. She could also keep their status alive by having them leave the country and return on a regular basis to get entered for 6 months again. However, if she goes with them, she is at risk every time that immigration may decide not to let her in and she will have to tell them about her PR status in order to be allowed in and then they may report her for not meeting the residency requirements. It would be simpler if the grandparents or father of the children come and pick them up and bring them back.

Staying for 2 years is a fairly simple thing if you get in if you are alone or with a PR family but as soon as there are non-PR kids in the picture, it quickly becomes complicated.

Maybe I can clarify my question a bit:

1. Is CIC legally allowed to initiate an investigation of someone's residency obligation based on external evidence (e.g., a poison pen letter, information received from provincial authorities, information contained in someone else's visa application), or does the person being investigated have to be applying for something?

2. In the latter case, would applying for a TRV for your kids count as an application made by you?

 

[computergeek]

My understanding from other posts is that the children are from a previous marriage and were not born in Canada - Please correct me if I'm wrong, Hungary.

Ah. I missed the post noting this fact. It does complicate matters, as I observed earlier. Sorry for the misunderstanding on my part.

 

[computergeek]

1. Is CIC legally allowed to initiate an investigation of someone's residency obligation based on external evidence (e.g., a poison pen letter, information received from provincial authorities, information contained in someone else's visa application), or does the person being investigated have to be applying for something?

They can initiate for any reason. They don't tend to take poison pen letters too seriously. Plus in Hungary's case she has a decent H&C argument (removal as a child, unaware of the right of return and now that she knows trying to take advantage of it PLUS the fact that all they can do is force her to go through sponsorship - lots of paperwork for no real purpose) so I'd be surprised if they pushed her case hard anyway.

One advantage of an H&C PRTD approach is if granted her husband and she can sponsor the children.

2. In the latter case, would applying for a TRV for your kids count as an application made by you?

Technically the children don't need TRVs. They could use TRPs (because they don't plan on leaving while the PR process is ongoing) but they would be applying. Not Hungary.

I still think her best bet is to go to Canada and just renew their status online, but I can see an argument for getting the PRTD on H&C grounds because once she has that she and her husband can sponsor the kids. If the PRTD is refused husband can sponsor them all.

I'd just want to be with my spouse sooner anyway. CIC is unlikely to refuse extensions to the children's visitor status while the parents are living in Canada and able to support them. If they do they could apply for TRPs (they seem common in child cases).

 

[IslandAnnie]

Can anyone that has already received their PR card tell me what number appears on your card? Is it one of the application/file numbers used on e-cas? the document number from your COPR? or a new number altogether? Thanks!

 

[Inpasarable]

Hello,

I am sorry if i am writing in the wrong topic. If so, just give me a link, where I can get the answer for my question.
Me and my husband decided to start sponsorship process for me to move to Canada. He is a Canadian citizen by birth. Right now we are really confused about one thing. My husband is working for one big Canadian corporation for more than 5 years already. He regularly pays all the necessary taxes to the canadian government. He owns his house in Canada. But the specificity of his work is that he has to travel a lot. Actually he spent abroad most of the time and visit home only once or twice a year for a few weeks. Still, since we married, he wants to change the job, return home and stay there with me. So, in this case, is he "a Canadian citizen living exclusively outside Canada" or not? We dont know, what to answer, YES or NO, in the question #4 of the application form 1344.
I will really appreciate your help with this!

 

[keesio]

Can anyone that has already received their PR card tell me what number appears on your card? Is it one of the application/file numbers used on e-cas? the document number from your COPR? or a new number altogether? Thanks!

It would be your 8 digit client ID (UCI) number that is on your COPR

 

[abdull]

Hi:
I have a question:
My wife just got an email from CEM asking for her passport and appendix A. They said she should use a carrier to send the above documents. can anyone suggest a good carrier in manila. Thanks

 

[keesio]

Hi:
I have a question:
My wife just got an email from CEM asking for her passport and appendix A. They said she should use a carrier to send the above documents. can anyone suggest a good carrier in manila. Thanks

I'd ask in one of the Manilla threads. Your'd definitely get more suggestions there.

 

[frege]

Hello,

I am sorry if i am writing in the wrong topic. If so, just give me a link, where I can get the answer for my question.
Me and my husband decided to start sponsorship process for me to move to Canada. He is a Canadian citizen by birth. Right now we are really confused about one thing. My husband is working for one big Canadian corporation for more than 5 years already. He regularly pays all the necessary taxes to the canadian government. He owns his house in Canada. But the specificity of his work is that he has to travel a lot. Actually he spent abroad most of the time and visit home only once or twice a year for a few weeks. Still, since we married, he wants to change the job, return home and stay there with me. So, in this case, is he "a Canadian citizen living exclusively outside Canada" or not? We dont know, what to answer, YES or NO, in the question #4 of the application form 1344.
I will really appreciate your help with this!

Here are some questions that may be useful:

Does he pay taxes using a resident tax return or a non-resident one?

Does he hold a provincial health care card? Does he meet the legal criteria for one?

Does he spend his time outside Canada in a single country or many?

How much time does he spend each year living with you, in your country of residence?

If he has children, where do they live?

What is his immigration status in the countries he works in?

Does he file tax returns there too?

Edit: Here is a more useful list of questions:

http://www.stevenmeurrens.com/2013/05/spousal-sponsorships-where-the-sponsor-does-not-live-in-canada/

Generally, if he only spends a few weeks a year in Canada, it might be dangerous to write that he resides in Canada. If you want to claim that he does, then attach an explanatory statement, so that there can be no accusation of misrepresentation.

 

[Inpasarable]

Frege, thank you for your answer:

>>>>Here are some questions that may be useful:

Does he pay taxes using a resident tax return or a non-resident one?
he's using resident tax

Does he hold a provincial health care card? Does he meet the legal criteria for one?
yes, he has one in his hometown

Does he spend his time outside Canada in a single country or many?
many countries - he's working for touring show of Cirque du soleil, so he can change up to 3-4 countries (or cities) during one year

How much time does he spend each year living with you, in your country of residence?
he visiting me in my country of residence very rare, only for vacations and only on tourist visa. Right now I am on tour with him in Brazil, but we are staying here only until October

If he has children, where do they live?
doesnt have children

What is his immigration status in the countries he works in?
usually it is temporary work permit

Does he file tax returns there too?
no, he doesnt

I was thinking that maybe we just say YES, he's living outside and just enclose all the proofs that he will return to Canada when i will be able to get there? The proofs are: he's paying mortgage for the house he owns, he's holding canadian bank account for more than 10 years already, he has a job offer from his province, which he just need to accept, when he will go back home. I think that s pretty enough?

 

[frege]

Frege, thank you for your answer:

>>>>Here are some questions that may be useful:

Does he pay taxes using a resident tax return or a non-resident one?
he's using resident tax

Does he hold a provincial health care card? Does he meet the legal criteria for one?
yes, he has one in his hometown

Does he spend his time outside Canada in a single country or many?
many countries - he's working for touring show of Cirque du soleil, so he can change up to 3-4 countries (or cities) during one year

How much time does he spend each year living with you, in your country of residence?
he visiting me in my country of residence very rare, only for vacations and only on tourist visa. Right now I am on tour with him in Brazil, but we are staying here only until October

If he has children, where do they live?
doesnt have children

What is his immigration status in the countries he works in?
usually it is temporary work permit

Does he file tax returns there too?
no, he doesnt

I was thinking that maybe we just say YES, he's living outside and just enclose all the proofs that he will return to Canada when i will be able to get there? The proofs are: he's paying mortgage for the house he owns, he's holding canadian bank account for more than 10 years already, he has a job offer from his province, which he just need to accept, when he will go back home. I think that s pretty enough?

I think a good argument can be made that he already resides in Canada.

If he is leaving his job primarily because he needs to satisfy immigration requirements for sponsorship, I believe this may not be necessary. In this case, you should speak to a lawyer before applying. If the lawyer agrees, then you should not promise that he will change jobs.

If he wants to change jobs anyway so both of you can spend more time together in Canada, then write that he resides in Canada now, but attach an explanatory statement of your answer to that question. State that he intends to change jobs and that you both intend to stay in Canada. Emphasize that although you believe he already resides in Canada and is not required to "move" to Canada, you do feel that this is the best way for you to have a life together, and you intend to do it regardless of immigration requirements. Say that you are including proof of the plan so that your application file will be complete in the event they disagree that he already resides in Canada.

 

[Inpasarable]

Frege,

thank you very much for such a valuable answer! Will try to do that!

 

[Sama.Karady]

-If my husband's PR is still in process, can he apply for a work permit or study permit before getting the approval?
-I am a PR..If by the end of my first 5 years, I have like a couple of months left to finish my 730 days...Will I also have to start counting from scratch once my 5 years are over and consider myself just got there?

 

[zardoz]

-If my husband's PR is still in process, can he apply for a work permit or study permit before getting the approval?
-I am a PR..If by the end of my first 5 years, I have like a couple of months left to finish my 730 days...Will I also have to start counting from scratch once my 5 years are over and consider myself just got there?

Yes, he can apply for other permits at the same time.
Just to clarify, are you saying that you don't currently meet the residency obligation requirements? It doesn't count in 5 year blocks. It's a rolling count after you have been a PR for 5 years.

 

[Sama.Karady]

Just to clarify, are you saying that you don't currently meet the residency obligation requirements? It doesn't count in 5 year blocks. It's a rolling count after you have been a PR for 5 years.

I'm sorry I don't get it..?? And Yes, I still haven't met my residency obligation...I still have 3 years though, but am not sure i'll be able to stay 2 yrs out of the 3... What do you mean it doesn't count in 5 year blocks?

Thankss