Spousal sponsorship

[paquita]

HELLO, HOW ARE YOU?

I AM A 34 YR FEMALE, IN ONTARIO, LOOKING TO MEET FRIENDS, OR PEOPLE WHO ARE WILLING TO TALK ABOUT THEIR EXPERIENCE REGARDING SPONSORING THEIR MEXICAN SPOUSE, WHETHER ITS COMMON-LAW OR MARRIED.

WE HAVE A 2 YR OLD DAUGHTER TOGETHER.

HE IS IN MEXICO NOW, WE ARE ABOUT TO START THE PROCESS NOW..

JUST LOOKING FOR ADVICE WHETHER TO USE A LAWYER OR DO THIS ON OUR OWN..

THANK YOU

PAQUITA

 

[dimk]

Thanks to everyone for the information.

I would appreciate some help with a specific question:

I am Canadian and my wife is Korean. We are planning to move to Canada and begin the Inland Permanent Residency application process once we arrive.

How should my wife enter Canada? She can stay in Canada as a visitor for up to 6 months, but (as I understand it) will have to prove to the immigration officer that she will leave Canada at the end of this period. If we tell the officer that we plan to apply for Permanent Residence, will my wife be denied entrance?

Thanks in advance.

 

[Mariac819]

Thanks to everyone for the information.

I would appreciate some help with a specific question:

I am Canadian and my wife is Korean. We are planning to move to Canada and begin the Inland Permanent Residency application process once we arrive.

How should my wife enter Canada? She can stay in Canada as a visitor for up to 6 months, but (as I understand it) will have to prove to the immigration officer that she will leave Canada at the end of this period. If we tell the officer that we plan to apply for Permanent Residence, will my wife be denied entrance?

Thanks in advance.

Has she been to Canada before?

I am a US Citizen and the first time I entered Canada they actually only gave me a 2 week visa because I was driving and they wanted to make sure I was exiting the country. They made me stop at the border and hand in my visa when I exited as proof. This is how they made sure I didn't stay in the country.

They will ask when you are returning and if you say you are planning to stay they could very well deny entry. I am not going to tell you to lie but having a return ticket home for her would help. Even if it means getting a credit later from the airline. Or buying a refundable ticket just in case she does need to go back.

BTW I dont know about Korea but for US citizens Outland applications are a lot faster than Inland. Have you considered outland?

 

[dimk]

Has she been to Canada before?

I am a US Citizen and the first time I entered Canada they actually only gave me a 2 week visa because I was driving and they wanted to make sure I was exiting the country. They made me stop at the border and hand in my visa when I exited as proof. This is how they made sure I didn't stay in the country.

They will ask when you are returning and if you say you are planning to stay they could very well deny entry. I am not going to tell you to lie but having a return ticket home for her would help. Even if it means getting a credit later from the airline. Or buying a refundable ticket just in case she does need to go back.

BTW I dont know about Korea but for US citizens Outland applications are a lot faster than Inland. Have you considered outland?

Thanks for the information.

We considered doing an Outland application, but it is only 2 or 3 months faster than Inland. We chose the Inland route so that my wife can get an open work visa after I am approved as a sponsor. My understanding is that this opportunity is not available to people applying outside Canada.

My wife has a return ticket to Korea. (If she didn't, the airline wouldn't allow her on the plane.) But I only have a one-way ticket from Korea to Canada. We're a bit worried that this will make immigration suspicious.

 

[tink23]

Thanks for the information.

We considered doing an Outland application, but it is only 2 or 3 months faster than Inland. We chose the Inland route so that my wife can get an open work visa after I am approved as a sponsor. My understanding is that this opportunity is not available to people applying outside Canada.

My wife has a return ticket to Korea. (If she didn't, the airline wouldn't allow her on the plane.) But I only have a one-way ticket from Korea to Canada. We're a bit worried that this will make immigration suspicious.

You realize that your wife can be in Canada even if she applies Outland, right? And the time difference is closer to 6 months, according to posted times, but those posted times are very old and haven't been updated, and that the majority of visa offices are faster than the posted processing times. You are still probably much better off doing the Outland process.

Anyway, your wife is allowed to stay in Canada for up to 6 months (as long as the CBSA officer doesn't give her a more limited stay). If you us the right language when at customs (she is visiting, not moving) plus have the return ticket to show, it shouldn't be a big deal. You could also have paid the pr immigration fees already and have the receipt to show, that you're doing things the right and legal way.

 

[k.hardstaff]

Hi there! Wondering if you guys can help me out. Here's the gist of my situation:

- I'm trying to sponsor my wife for PR inland.
- I am a Canadian citizen. She is a German citizen.
- She is in the country on her second (and final) IEC visa.
- We have filled out the PR application forms - no problems there, no consultation necessary.
- We have determined that she cannot continue to work for her current employer, as IEC work permits cannot be extended.
- We want to apply for an open work permit for her in tandem with her PR application, but are unsure as to what form needs to be filled out. We believe it is IMM5710E.
- We are not certain whether she needs to apply for an extension of stay as well, and if so, what form she needs to fill out. It seems that this may be included as well in IMM5710E.
- We have not yet submitted any forms.

Please help!! Thanks!!

 

[tink23]

Hi there! Wondering if you guys can help me out. Here's the gist of my situation:

- I'm trying to sponsor my wife for PR.
- I am a Canadian citizen. She is a German citizen.
- She is in the country on her second (and final) IEC visa.
- We have filled out the PR application forms - no problems there, no consultation necessary.
- We have determined that she cannot continue to work for her current employer, as IEC work permits cannot be extended.
- We want to apply for an open work permit for her in tandem with her PR application, but are unsure as to what form needs to be filled out. We believe it is IMM5710E.
- We are not certain whether she needs to apply for an extension of stay as well, and if so, what form she needs to fill out. It seems that this may be included as well in IMM5710E.

Please help!! Thanks!!

Are you doing an inland application?

 

[k.hardstaff]

Are you doing an inland application?

Yes, sorry about that.

 

[tink23]

Hi there! Wondering if you guys can help me out. Here's the gist of my situation:

- I'm trying to sponsor my wife for PR inland.
- I am a Canadian citizen. She is a German citizen.
- She is in the country on her second (and final) IEC visa.
- We have filled out the PR application forms - no problems there, no consultation necessary.
- We have determined that she cannot continue to work for her current employer, as IEC work permits cannot be extended.
- We want to apply for an open work permit for her in tandem with her PR application, but are unsure as to what form needs to be filled out. We believe it is IMM5710E.
- We are not certain whether she needs to apply for an extension of stay as well, and if so, what form she needs to fill out. It seems that this may be included as well in IMM5710E.

Please help!! Thanks!!

As an inland applicant, she can apply for an open work permit. I think people usually send this along with their initial application, so I'm not sure if it's a problem that you have already sent in the application. Your OWP won't be approved until first stage approval (sponsor approval) which is about 12 months at this point. She won't be able to work until this time, so hopefully her IEC permit is a few more months so she doesn't have to go a full year without working. When you put in an application for an OWP with the spousal sponsorship, she will have implied status until a decision has been made, you you won't have to keep extending visitor status,

That's as far as my knowledge goes in this manner, so I hope it is enough to get you started with the work permit and someone with further knowledge of the forms you're asking about will give you more answers that you need. Good luck!

 

[k.hardstaff]

We haven't filed yet (sorry about that - modified the original post)

I've asked a lawyer for a consultation and here is what she wrote me:

"The Inland Spousal application will allow a spouse in Canada to obtain an Open Work Permit. You should submit the appropriate PR application and an Application to Change Terms and Conditions, along with a submission letter that indicates that she would like an Open Work Permit if she is granted approval in principle.

· It is important to note that she should not travel outside of Canada during the processing of her Inland Spousal application. This application will take approx. 3 years to process.

· If the application is refused, there is no right of appeal.

· Submitting an application for permanent resident status does not give a person/the applicant temporary resident status. They are separate. As such, your wife must maintain her status in Canada as a temporary resident, while her application for permanent resident status is being processed. "

So that seems to solve the OWP issue (though I'd still like to hear from someone that I'm looking at the correct forms (IMM5710E)). But here she says that my wife needs to maintain her status as a temporary resident, and I'm unsure how she can go about doing that.

 

[tink23]

We haven't filed yet (sorry about that - modified the original post)

I've asked a lawyer for a consultation and here is what she wrote me:

"The Inland Spousal application will allow a spouse in Canada to obtain an Open Work Permit. You should submit the appropriate PR application and an Application to Change Terms and Conditions, along with a submission letter that indicates that she would like an Open Work Permit if she is granted approval in principle.

· It is important to note that she should not travel outside of Canada during the processing of her Inland Spousal application. This application will take approx. 3 years to process.

· If the application is refused, there is no right of appeal.

· Submitting an application for permanent resident status does not give a person/the applicant temporary resident status. They are separate. As such, your wife must maintain her status in Canada as a temporary resident, while her application for permanent resident status is being processed. "

So that seems to solve the OWP issue (though I'd still like to hear from someone that I'm looking at the correct forms (IMM5710E)). But here she says that my wife needs to maintain her status as a temporary resident, and I'm unsure how she can go about doing that.

When there is an OWP in the application, your wife will have implied status, so she won't have to continue to extend her visitor status. She has to stay in the country.

What country is your wife from? Even though she is living in Canada right now, she can still apply for Outland PR. Usually Outland is much faster. Before her IEC permit expires, she can ask to change her status to visitor. If apply ping Outland she will have to keep herself I status by extending her visitor status. She won't be able to apply for an OWP if applying Outland, but it shouldn't matter because her entire Pr will probably be approved before you would even have sponsor approval in the first stage in inland. It is definitely something to think about, especially if she has a quick visa office abroad.

 

[k.hardstaff]

When there is an OWP in the application, your wife will have implied status, so she won't have to continue to extend her visitor status. She has to stay in the country.

What country is your wife from? Even though she is living in Canada right now, she can still apply for Outland PR. Usually Outland is much faster. Before her IEC permit expires, she can ask to change her status to visitor. If apply ping Outland she will have to keep herself I status by extending her visitor status. She won't be able to apply for an OWP if applying Outland, but it shouldn't matter because her entire Pr will probably be approved before you would even have sponsor approval in the first stage in inland. It is definitely something to think about, especially if she has a quick visa office abroad.

Thanks for your reply,

Are you certain that she won't need to apply for an extension of her stay? Is there an official link to that information? I just want to be certain.

My wife is replying from Germany. Vienna is currently listed as having a longer total wait time than the first stage approval time in Canada, and our primary concern is that she is able to work ASAP, so we have decided after much debate to go inland.

 

[tink23]

Thanks for your reply,

Are you certain that she won't need to apply for an extension of her stay? Is there an official link to that information? I just want to be certain.

My wife is replying from Germany. Vienna is currently listed as having a longer total wait time than the first stage approval time in Canada, and our primary concern is that she is able to work ASAP, so we have decided after much debate to go inland.

Someone with more experience can guide you through the implied status.

However, your wife will have her complete PR in less than the amount of time as she will be waiting for her open work permit, so if the only reason you're doing Outland is so she can work ASAP, I don think it is he best choice, since with Outland she will be PR in that time and will have a sin number and have everything complete.

 

[k.hardstaff]

Someone with more experience can guide you through the implied status.

However, your wife will have her complete PR in less than the amount of time as she will be waiting for her open work permit, so if the only reason you're doing Outland is so she can work ASAP, I don think it is he best choice, since with Outland she will be PR in that time and will have a sin number and have everything complete.

Well we are planning on filing for the OWP in tandem with the PR application, so isn't the OWP granted upon 1st stage approval? Or, if not, how long does it take to be granted?

 

[tink23]

Well we are planning on filing for the OWP in tandem with the PR application, so isn't the OWP granted upon 1st stage approval? Or, if not, how long does it take to be granted?

First stage for inland (12 months) is when the OWP would be approved. You can't do an OWP for Outland.

In Outland though she will have her pr in less than or the same amount of time as she would for inland sponsor approval.

It's a decision you will have to make, but most people say, it is better to do Outland and stay in Canada as a visitor, especially if the Outland visa office processing time is a year or less.