+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Spousal sponsorship

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
JAMO1973 said:
So do we check yes then and write that she was refused a tourist visa in 2011? Do we have to give details of the reasons why?
Yes, you must disclose the refusal. Providing background for the rejection is a good idea. Being through and truthful won't impact the application for PR, but failing to disclose or lying will likely be discovered and lead to a finding of misrepresentation and that would involve an exclusion order.

If in doubt, disclose and explain.
 

JAMO1973

Hero Member
Mar 19, 2014
432
3
Category........
Visa Office......
Mexico City
Job Offer........
Pre-Assessed..
App. Filed.......
August 6, 2014
AOR Received.
Nov. 19, 2014 AOR2 Feb.12 and request for PGR same day
File Transfer...
Nov. 24, 2014
Med's Done....
July 24, 2014
Interview........
Waived
Passport Req..
July 28, 2015
VISA ISSUED...
August 6, 2015
So check both the boxes? How much info do we need to give about the tourist visa refusal? Do we need to give the reason why or is that their job to investigate why? Is it enought to put "My tourist visa application was denied in 2011"?
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
JAMO1973 said:
So check both the boxes? How much info do we need to give about the tourist visa refusal? Do we need to give the reason why or is that their job to investigate why? Is it enought to put "My tourist visa application was denied in 2011"?
There's no risk in disclosure here. If you have knowledge of why it was refused, include it. If not, I'm sure the CIC officer can find it.
 

ABCml

Hero Member
Jan 27, 2014
259
13
BC
Category........
Visa Office......
Beijing
Job Offer........
Pre-Assessed..
App. Filed.......
21-Feb-2014
AOR Received.
24-Feb-2014, SponsorshipApproved 01-Apr-2014
File Transfer...
01-Apr-2014 Officially rec'd Beijing 24-May-2014
Med's Done....
29-Dec-2013 "Medical Results rec'd" 01-Apr-2014
Interview........
15-Dec-2014
Passport Req..
at interview
VISA ISSUED...
16-Dec-2014
LANDED..........
25-Dec-2014
computergeek said:
Yes, you must disclose the refusal. Providing background for the rejection is a good idea. Being through and truthful won't impact the application for PR, but failing to disclose or lying will likely be discovered and lead to a finding of misrepresentation and that would involve an exclusion order.

If in doubt, disclose and explain.
My understanding based on past advice of this topic, is that, Refused Visa, and Refused Entry are not related - the first being purely an information/application based matter, and the 2nd (Refused Entry,) an actual physical refusal at the border... more discussion on this is needed
 

JAMO1973

Hero Member
Mar 19, 2014
432
3
Category........
Visa Office......
Mexico City
Job Offer........
Pre-Assessed..
App. Filed.......
August 6, 2014
AOR Received.
Nov. 19, 2014 AOR2 Feb.12 and request for PGR same day
File Transfer...
Nov. 24, 2014
Med's Done....
July 24, 2014
Interview........
Waived
Passport Req..
July 28, 2015
VISA ISSUED...
August 6, 2015
That's what I wasn't sure about. For me refused entry means not allowed to enter. My wife never got that far she was refused the visa which means there was no attempt to physically enter but I'm not sure really. Any more advice or actual experience filling in that part of the form?
 

ABCml

Hero Member
Jan 27, 2014
259
13
BC
Category........
Visa Office......
Beijing
Job Offer........
Pre-Assessed..
App. Filed.......
21-Feb-2014
AOR Received.
24-Feb-2014, SponsorshipApproved 01-Apr-2014
File Transfer...
01-Apr-2014 Officially rec'd Beijing 24-May-2014
Med's Done....
29-Dec-2013 "Medical Results rec'd" 01-Apr-2014
Interview........
15-Dec-2014
Passport Req..
at interview
VISA ISSUED...
16-Dec-2014
LANDED..........
25-Dec-2014
JAMO1973 said:
That's what I wasn't sure about. For me refused entry means not allowed to enter. My wife never got that far she was refused the visa which means there was no attempt to physically enter but I'm not sure really. Any more advice or actual experience filling in that part of the form?
We chose to go with only the 'first' (refused visitor visa - that also pertained to us) - again based on information read in the forum many months ago..
and yes, my wife never got as far as 'attempting to enter' either, but had two refused visa applications.. btw, we're still in process, so we haven't had these specific answers addressed by a Beijing VO as of yet..
 

JAMO1973

Hero Member
Mar 19, 2014
432
3
Category........
Visa Office......
Mexico City
Job Offer........
Pre-Assessed..
App. Filed.......
August 6, 2014
AOR Received.
Nov. 19, 2014 AOR2 Feb.12 and request for PGR same day
File Transfer...
Nov. 24, 2014
Med's Done....
July 24, 2014
Interview........
Waived
Passport Req..
July 28, 2015
VISA ISSUED...
August 6, 2015
What do you think computergeek? Should I check both boxes? If one doesn't apply to us will it make things worse that I checked 2 and not only 1?
 

agarand8

Hero Member
Aug 21, 2013
579
25
Regina, Saskatchewan
Category........
Visa Office......
Mexico City
Job Offer........
Pre-Assessed..
App. Filed.......
28-03-2014
Doc's Request.
10-06-2014
AOR Received.
21-05-2014...#2 - 10-06-2014
File Transfer...
22-05-2014
Med's Request
Additional tests requested on 05-06-2014
Med's Done....
Feb. 2014 & August 5th 2014
Interview........
24-FEB-2015
Passport Req..
24-MAR-2015...received at VO 6-APR-2015
JAMO1973 said:
What do you think computergeek? Should I check both boxes? If one doesn't apply to us will it make things worse that I checked 2 and not only 1?
I applied for a trv for my husband 2 years ago and it was denied. I checked only the box for refused trv and included the original rejection letter that was sent to us with the explanation of why the trv was refused.
 

tessi68

Star Member
Dec 8, 2012
62
1
Job Offer........
Pre-Assessed..
question- regarding previous marriages/common law - declaration of severance. My relationship ended way back in 1998! what do they need. just a letter stating it is and i can get him to sign (he is the father of my kids). I am sponsoring my husband. thx
 

PARAMHAMS03

Full Member
Dec 31, 2005
41
0
India
Hi Leon,

Excellent post and perspective on spousal sponsorship.

However, I have a question on behalf of a client of mine ( I am his community mental health worker) who is on ODSP; he failed in his attempt to sponsor his wife from Srilanka initially and failed in his attempt again in his appeal to the immigration court, Toronto.

I know for sure it is a genuine marriage. My client is a Canadian Citizen and has been in Canada for over a decade. He is advised that the options before him are to appeal to the federal court (which would be quite expensive and beyond his reach and may not likely be successful) or otherwise go to Srilanka try to expand the family with a child (presently he has no issues) stay for around a year and try sponsorship again from Srilanka itself. Is this a sure enough course? I dont want to advise the client if I am not convinced myself. Are there any other options at all for the client? Please advise. Your advice would be invaluable.

Alternatively, will his wife be allowed presently to visit Canada on a visitor's visa. My client had to be admitted to the hospital after receiving the judgement. It would greatly help if his wife is able to visit him now. But I am not sure if she would get visa.

Look forward to your valuable guidance to help a very deserving soul.
 

ascouple

Full Member
Jul 2, 2014
49
0
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
21-08-2014
AOR Received.
02-10-2014
Med's Done....
17-07-2014
VISA ISSUED...
COPR 04-29-2015
LANDED..........
03-05-2015
Hi all,

Apologies in advance for the long post. My girlfriend and I are looking to get her permanent residence here in Canada. She's currently on a work permit (skill class NOC 0) expiring this November 2014. We have been together for 3+ years, living together for 1.5 years, and I think it would be quite easy to prove our relationship (holiday photos, rental agreement, etc.)

I'm a Canadian citizen, she is American, and we are looking to get her PR status. We were originally going to extend her work permit, but with the recent changes it seems like it would be costly and a hassle for her employer. Since her employer is a small business, we want to avoid the hassle part.

There are so many different avenues to obtaining the PR that we are confused as to which one to take. Since we have lived together for 1.5 years, are we automatically common law? If we are - should we look into inland sponsorship? Sponsoring from the States? Using Canadian Experience Class?

We are leaning towards sponsoring inland, but the waiting time for me to be approved (step 1) is currently 11 months, and from what I understand she would not be able to work from the date of the work permit expiry (November 2014) and the day I'm approved (est. June 2015). Is this correct?

If we were to apply for sponsorship from outside of Canada, the processing time is 55 days, but the processing time for step 2 is 30 months (NY) or 15 months (Ottawa). Would she be eligible to continue to live and work in Canada after step 1 is approved?

We would greatly appreciate any help or insight!

Cheers,
A and S
 

tinkerbell_13

Member
Jan 1, 2010
10
0
Hi Leon,

I just wanted to double check I am sponsoring my husband for inland application and we're putting an OWP application with our sponsorship application, it is the same form to extend his work permit that we should right? and should we still fill up the "details of intended work in Canada" Part of the IMM5710 and provide LMO just to be sure? i know we have to indicate that is and open work permit application through spousal sponsorship... I just don't want to submit wrong forms an have it returned to us.... Thanks Again! :)
 

tessi68

Star Member
Dec 8, 2012
62
1
Job Offer........
Pre-Assessed..
hi everyone, suggestions on putting the package together...I want to make this easy for the VO. Included lots of documentation.

also phone records. my husband calls me -cheaper from JA to Canada. He is on a prepaid plan and therefore does not get a bill. The phone company refused to provide a record of calls. Our calls are daily and range from 30 mins to 2 hours..its a shame as it would clearly show our committment and continuation of our marriage. sighh he has no comp either so no emails etc.

I do have 7 months of bell can bills big $$$$ I had since closed my land line due to astronomical amounts...hope this is suffice for them
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
ascouple said:
There are so many different avenues to obtaining the PR that we are confused as to which one to take. Since we have lived together for 1.5 years, are we automatically common law? If we are - should we look into inland sponsorship? Sponsoring from the States? Using Canadian Experience Class?
Avoid Inland - she isn't out of status and by the time she qualifies for that open work permit she could have PR via Outland spousal.

In fact, in her specific situation I'd recommend CEC (assuming she qualifies). That's because once CPC-S send her the AOR (typically ~2 months) she is then eligible for the "bridging open work permit" (BOWP) once she is within 4 months of her existing permit expiring. The time to process CEC is fairly predictable as well (about 13 months total). She's free to enter and leave Canada if needed and her re-entry into Canada isn't really likely to be refused nor is her PR application automatically jeopardized should the unlikely happen.

Plus, she ends up with full PR, not a conditional PR that would arise for her via the partner sponsorship class.

ascouple said:
We are leaning towards sponsoring inland, but the waiting time for me to be approved (step 1) is currently 11 months, and from what I understand she would not be able to work from the date of the work permit expiry (November 2014) and the day I'm approved (est. June 2015). Is this correct?
Again, I strongly recommend against Inland in her case. You might think she MUST apply via this route because she is in Canada, but in fact that is not the case - if you want to sponsor, she should do Outland. She can remain in Canada but must maintain legal status. In November 2014 her work permit would expire and she would either need to qualify for a new one or stop working - she could ask to switch to visitor status (for example).

Options also depend upon the current status of her existing work permit. Other options might be possible if the job is NAFTA qualifying - US citizen's can just get a work permit with a qualifying job offer in certain job categories.

But with her work permit expiring in November, I'd suggest trying to get a CEC application submitted in August. Once Sydney signs off on the initial stage of her CEC application she can get that BOWP and continue working while they process the paperwork.

ascouple said:
If we were to apply for sponsorship from outside of Canada, the processing time is 55 days, but the processing time for step 2 is 30 months (NY) or 15 months (Ottawa). Would she be eligible to continue to live and work in Canada after step 1 is approved?
CPC-O is the visa office for US applications (and this is clearly shown on the CIC website). The times for NYC and LA relate to applications that are sent to them from CPC-O - which means there are complex issues, such as interview requirements, ARCs, TRPs, etc. CPC-O has a median time of ~8 months last I looked (the published time is 80%, not 50%).

She can be in Canada while the application goes through Ottawa (which is a visa office outside Canada), but she needs to maintain legal status.

Good luck!
 

computergeek

VIP Member
Jan 31, 2012
5,143
278
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
tinkerbell_13 said:
Hi Leon,

I just wanted to double check I am sponsoring my husband for inland application and we're putting an OWP application with our sponsorship application, it is the same form to extend his work permit that we should right? and should we still fill up the "details of intended work in Canada" Part of the IMM5710 and provide LMO just to be sure? i know we have to indicate that is and open work permit application through spousal sponsorship... I just don't want to submit wrong forms an have it returned to us.... Thanks Again! :)
Yes, that's the right form. Change conditions or extend.

The detailed information and LMO is not required for the OWP.