Spousal sponsorship

[simik]

What sort of PR application did you submit?

out-land application for spouse sponsorship....

 

[zardoz]

out-land application for spouse sponsorship....

OK, as your application is outland, you don't benefit from any form of "implied status". Really you just have three choices.

1) Leave Canada immediately and wait for the processing to be completed. (this may be your best option).
2) Apply for restoration of status, somehow. (I think you only have about 50 days left to do this).
3) Remain in Canada without legal status. (I'm not sure that this is a good idea with an outland application).

 

[Robert123]

Re: I have Spousal sponsorship

I just went through the exact same process. My husband left and was issued a 1 year ban. We applied for the ARC and it was denied. I wish I could give you better news. But it seems that once a removal order is issued. You can't beat it.

Hi dear

Please can i know what you did before
And how you resolve the problem
And what happen after

Please maybe it can help me in my case

 

[baba1234]

Mr. Leon and other seniors please advice

My spouse PPR in March 2013 since then the PP is with NDVO. Recently i got GCMS by which i came to know that it is kept for interview.
Last month i visited India for a short trip to see my spouse which resulted in pregnancy. Still she is waiting for an interview call so I am very much
worried that in case if she do not get visa with in another six months what will be the consequences because she cannot travel after six months of
pregnancy. And in case if she give birth then how to sponsor the child.In this situation what should i do what precautions are required to be taken advice me please, Mr Leon and others seniors

 

[simik]

OK, as your application is outland, you don't benefit from any form of "implied status". Really you just have three choices.

1) Leave Canada immediately and wait for the processing to be completed. (this may be your best option).
2) Apply for restoration of status, somehow. (I think you only have about 50 days left to do this).
3) Remain in Canada without legal status. (I'm not sure that this is a good idea with an outland application).

i am pregnant and due in next 3 weeks so it wont be possible to travel... i think i should extend my stay as a visitor nd apply for restoration of status at d same time.

 

[kickb]

i have filed for sponsorship. application received on aug 20 but till date no response on the decision about sponsorship

 

[Benno2013]

If any one clarify the following that would be a huge help!

1. My IEC work permit expires on November 13th 2013 (I am a kiwi)

2. Me and my Canadian partner are applying for family sponsorship PR and can only do so when we have lived 12 months together in the same address to satisfy the common law rules. The date we qualify is the same date as my permit expires.

3. We were going to apply outland to expedite the first stage approval (knowing that I may need to go home for an interview) - Am I correct in saying that going this route, I not eligible to apply for an OWP until 2nd stage approval? we had thought i could when my partner gets approval.

4. I was about to apply for an extension as a visitor before my current status expires under the assumption that my permit is not extendible. This means I cannot work until first stage approval (for inland applications) or 2nd stage approval for outland applications - either scenario is a long time with no work. I spoke to a friend who went through this process (he's a kiwi) and he said there was no need to apply as a visitor and that as long as we send our PR application in prior to my WP expiry then I can keep working under implied status.

4. So I called CIC: The response was the following -
a.) To get implied status, yes I would need to apply before WP expired however because of the time frames of co habitation and the expiry of current counterfoil being the same day, it would essentially be too late to post the application for PR as documents need to be dated a minimum of 12 months to satisfy Common Law requirements (she said hypothetically that if the application could be sent and received by CIC on the SAME day as my WP expiry then technically yes I would be in implied status).

b.) I asked about a BOWP as on the cic site It says I can apply for a BOWP under the IEC stream. She said it was possible however my employer still needs to submit an LMO which I have tried before and for my role as a retail assistant they will not submit one as any Canadian can do my job.

I guess what i'm asking is
1. Can we send our PR application sooner than the 12 months required (like a week before) for spousal sponsoship with a letter stating our intentions so that I can then be under implied status and keep working? Because by the time they receive the application we will have been co habitating for the required 12 months. I feel like its a long shot.

2. Can anyone see any other option around the BOWP?

The minimum processing time for first stage approval for inland applications is currently 11 months - I cannot go this long with out an income. I feel my only option is to go to NZ after Nov (after 1 year of co habitation) and apply outland so I can keep working and then once / if approved I come back to Canada.

We are grateful for any advice. We thought we had it sorted and now we feel we are back to square 1 and time is running out fast.

B.

 

[MilesAway]

If any one clarify the following that would be a huge help!

1. My IEC work permit expires on November 13th 2013 (I am a kiwi)

2. Me and my Canadian partner are applying for family sponsorship PR and can only do so when we have lived 12 months together in the same address to satisfy the common law rules. The date we qualify is the same date as my permit expires.

3. We were going to apply outland to expedite the first stage approval (knowing that I may need to go home for an interview) - Am I correct in saying that going this route, I not eligible to apply for an OWP until 2nd stage approval? we had thought i could when my partner gets approval.

4. I was about to apply for an extension as a visitor before my current status expires under the assumption that my permit is not extendible. This means I cannot work until first stage approval (for inland applications) or 2nd stage approval for outland applications - either scenario is a long time with no work. I spoke to a friend who went through this process (he's a kiwi) and he said there was no need to apply as a visitor and that as long as we send our PR application in prior to my WP expiry then I can keep working under implied status.

4. So I called CIC: The response was the following -
a.) To get implied status, yes I would need to apply before WP expired however because of the time frames of co habitation and the expiry of current counterfoil being the same day, it would essentially be too late to post the application for PR as documents need to be dated a minimum of 12 months to satisfy Common Law requirements (she said hypothetically that if the application could be sent and received by CIC on the SAME day as my WP expiry then technically yes I would be in implied status).

b.) I asked about a BOWP as on the cic site It says I can apply for a BOWP under the IEC stream. She said it was possible however my employer still needs to submit an LMO which I have tried before and for my role as a retail assistant they will not submit one as any Canadian can do my job.

I guess what i'm asking is
1. Can we send our PR application sooner than the 12 months required (like a week before) for spousal sponsoship with a letter stating our intentions so that I can then be under implied status and keep working? Because by the time they receive the application we will have been co habitating for the required 12 months. I feel like its a long shot.

2. Can anyone see any other option around the BOWP?

The minimum processing time for first stage approval for inland applications is currently 11 months - I cannot go this long with out an income. I feel my only option is to go to NZ after Nov (after 1 year of co habitation) and apply outland so I can keep working and then once / if approved I come back to Canada.

We are grateful for any advice. We thought we had it sorted and now we feel we are back to square 1 and time is running out fast.

B.

You don't apply for a work permit after 2nd stage with Outland, 2nd stage is when you become a PR, so you don't need a work permit.

You cannot apply if you are not common-law yet, doesn't matter if you are a week short, they will send it back as you do not qualify. They look at the date you sent the application, not if you'll qualify by the time they actually do anything with your application. Lord knows some countries could send in applications and qualify as common-law 2 times over with the wait times.

I am not certain about the specifics about the work permits, so I'll let someone else take those questions.

 

[Benno2013]

Thanks for your insight. We appreciate it a lot.

 

[scylla]

I am not certain about the specifics about the work permits, so I'll let someone else take those questions.

You don't qualify for a BOWP. The BOWP does not apply to the spousal/common law sponsorship class.

You will qualify for an open work permit (OWP) if you apply inland. But only after first stage processing is done which is currently taking around 11 months.

If you apply outland, there is no OWP granted.

 

[Benno2013]

Just as I suspected. Thanks for your clarification. So am I able to to go back to NZ and work whilst we wait for the first stage outland approval? Thanks again

 

[MilesAway]

Yes, you can absolutely return to NZ and work, but why only first stage? That's the shortest part for outland, and it doesn't really get you anything, other than the privilege of joining an even longer queue at the VO. You would work for about a month, and then still have to wait for all of stage 2 before you could legally work in Canada, as a PR. You could return as a visitor, but would not be able to work.

You could also try to find an employer willing and able to get an LMO and apply for a work permit. These are generally a pain to get, so I don't know if that is an option/possibility for you. (Note that I mean with a different employer, as you have stated that yours would not be able to obtain an LMO)

 

[Benno2013]

Thanks. That's clear. Sorry when I mentioned waiting for first stage approval I actually meant second stage (my approval).
The more we look into it the more it looks like we either get married or I go home and support myself for a year.

Somehow I think his mother would have a heart attack at the prospect of marriage! (even though common law is deemed the same in a legal sense in BC and she is supportive of that!)

 

[Benno2013]

To extend my stay in Canada as a visitor, what form do i need to fill out?? I was about to send the IMM 5257 Application for TRV. However the CIC agent on the phone told me that as a New Zealander I do not require a visa.

I understand this, but what paperwork do I need to send in to extend my stay? Or once my current work permit expires am I automatically allowed to stay for 6 months as long as I keep a valid passport and return ticket with me??

Can anyone help with the above? A little confused as to whether I need to file and application or whether I need to leave and then re enter ?

 

[gongdi]

So my Chinese wife and I are at the background check stage in our outland sponsorship. They asked my wife for a copy of her resume, presumably to check up on her travel and educational history. We waited for a few months and then I asked my MP for help. Eventually, MP got back to me and told me: "CIC has a recall date of November 9,2013 on file to revise the new information that was requested." That was all the info they would provide.

What does 'recall date' mean, exactly? Does it mean the background check will be completed by then? Does it mean the file will be 'recalled' from the security check dept to the VO? If it only means they are going to type in the new information into a database then why do they need a specific 'recall date'?