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Spousal sponsorship

jade

Star Member
Apr 6, 2009
63
0
Hi there! Just sent my papers in mid-July and was checking it online. There's no record there yet about me and my husband's sponsorship. How long does it take them to open and process it? Did an outland application. I was a caregiver but got married and gave birth so the only way we figured that I can stay is for my husband to sponsor me. We are also planning to go to Great Falls in November. Would it be possible for me to go with my baby and husband?
 

BeShoo

Champion Member
Jan 16, 2010
1,212
36
Gatineau
Category........
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CPP-Ottawa
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App. Filed.......
29-01-2014
AOR Received.
28-02-2014
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07-08-2014
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02-04-2015
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13-04-2015
spouse said:
We will be interviewed on Nov. 2, 2010... as my husbands work permit expires on Nov 26... It will be 10 months of waiting since we sent our application. will my husband may have to exit Canada?
You can request an extension to the work permit up until the the day before (Nov. 25). As long as Vegreville, Alberta, receives your request by November 25 (probably even as long as you send it by then), the work permit is extended until they have time to answer you back (probably at least one month). Only if they refuse to extend the work permit will they ask your husband to leave Canada.

They recommend requesting extensions one month in advance, but that is just a recommendation. The requirement is "only before the expiry date." Once you've applied before the expiry, you are under "implied status" and can remain in Canada doing whatever your permit permitted before, as long as you never leave the country while the extension processing is in progress.
 

ACN

Newbie
Aug 7, 2010
6
0
Re: Spousal sponsorship:questions (plus other related topics)

i married a canadian (husband) then i (wife) went back to the country where i worked. my spouse applied for sponsorship inland and my application sent inland was sent back to the country where i live and work for processing (so outland). my spouse and i agreed for me to move to canada after 3 months with my temporary resident visa (TRV). we made that decision on the basis that his sponsorship was already approved by CIC-Vegreville one month after filing. i sent change of address and have received correspondences from CIC outland in my new Canada address with my spouse.

after almost a year of living together, my husband sent a letter to CIC Vegreville cancelling his sponsorship of me and he did it without my knowledge. my PR being process in another country has yet to be approved. with other actions of my canadian spouse (not good for my security), i had to leave him and we ended up legally separated. i did not know about open work permit when i moved to canada last year and i used my time for studying online and networking.

i am now independent of him and is in another city, lately (before our separation) i started this online professional certification program which we both agreed where i was evaluated and i passed it.i was issued an acceptance for enrollment(letter) with a professional accreditation institution. When I brought my pending PR case to an MP of the location, he reviewed the situation and he said that my PR should not be cancelled because I already moved to Canada for my marriage and this MP has communicated with CIC office in the country where my PR is being processed. He has been helping me on this.

Regarding job searching, I have professional qualifications and experience but everytime i apply whether direct or through hiring firm, they would look for work permit or PR. My queries are these:

1. how does my husband's cancellation letter would affect my PR in process? i have not yet done anything nor write any CIC office. I just asked for assistance of an MP.
2. can i apply for initial open work permit even without job offer because of employer requirement, i would like to state to CIC my situation because i need to work and i am now legally separated from canadian spouse who cancelled his sponsorship without my knowledge at the time when we already have been living together for 11 months?
3. my exension of stay is about to end sept 2010 but my TR Visa ends Jan. 15, 2011, which should i apply for -- extension of stay for 6 months? or another TR permit/visa, and where should I apply - can I apply to Vegreville since I am in Canada? ( i just have my passport renewed for another 5 years)
4. i am thinking of applying for study permit too (but the 1st phase of program ends in Dec. 2010 and the 2nd phase will start Nov. 11, 2011 next year), can i apply study permit next year when i have the job?
5. which should I apply for? student visa or another TR permit/visa or both?
6. i am thinking of these options and esp. work and study in canada because my intention is to remain in canada despite of what happened, would CIC consider humanitarian reasons for unique situations like this (open work permit without job offer yet)?

i have reasearched from the CIC website and would like to be guided on these specific situations. i will highly appreciate your help.
 

Leon

VIP Member
Jun 13, 2008
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1. If your husband has withdrawn his sponsorship of you during the processing, I am sorry to say I think they will not process your PR application. No sponsor. I do not think it is relevant that you had already moved to Canada. Many people have already moved to Canada and applied for PR but if their situation has changed in such a way that requirements are not met, they do not get their PR either. You can still try it through the MP but I don't think you have much of a chance.

2. Open work permit is normally only given to people who have applied inland and gotten first stage approval (or spouse of foreign students/workers which is a different situation). Since you have applied outland, there is no open work permit in there for you. You can still ask your MP if he can pull some strings. Who knows.

3. You can apply for an extension at Vegreville.

4. You need a work permit if you want to work, study permit if you want to study. You can not have both. If you are working, you may take short courses, up to 6 months in length which give no credits. If you are studying, you may work on the campus of your college without a work permit such as in the library etc. but if you want to work off campus, you need to apply for a student work permit. You would be able to get one after 6 months of studying and it would allow you to work up to 20 hours a week during classes or full time during breaks.

5. If you want to study, it makes sense to apply for a study permit. If you don't, then it makes sense to apply for a TRV extension.

6. This is not really a unique situation. People get divorced all the time. You have the choice of leaving or finding another way to immigrate. I don't think you have much of a chance to get an open work permit but ask your MP. It is also a possibility depending on your age and where you come from that you can get a 1 year working holiday visa. To find out about that, talk to the Canadian embassy in your homeland.
 

gladiateur19

Hero Member
Aug 30, 2009
401
10
hi Leon
i really wanna say that this topic is really great,thank you for the all work you do here,to help
i just have a question please
i m a Moroccan,and my wife is Canadian from newfoundland,she sent our application on June,it got received on 18th June,,,since then,we don't have any information,it says on their website that,it takes 42 days,,,but it's almost 2 months now
my concern,is that my wife isn't working,she has a bad back,so there is some jobs she can't do,,,her mom gives her money,it has been 2 years now,,,her family is really known there in newfoundland,,,so she has never taken money from the government(welfare,or social finance help),never,,,,
so my question,is,,,if my wife isn't working,is that gonna be an issue for our application to get approved there at MCIC?
she has mentioned on the forms that she gets money from her mom and she is also looking for a good job(she has a good education) though,,
i really do worry alot,,,i really hope there is no reason for that,,,lol
thank you very much
mohamed
 

Leon

VIP Member
Jun 13, 2008
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There are no income restrictions for sponsoring a spouse but if she makes absolutely no money, immigration may want to know how you are planning to support yourselves in the future. Still, their average is 42 days and you are waiting now 51 days, it's not really something to worry about yet. Once you reach 2 months, she should go talk to her MP and ask him to enquire about the hold up.
 

gladiateur19

Hero Member
Aug 30, 2009
401
10
Leon said:
There are no income restrictions for sponsoring a spouse but if she makes absolutely no money, immigration may want to know how you are planning to support yourselves in the future. Still, their average is 42 days and you are waiting now 51 days, it's not really something to worry about yet. Once you reach 2 months, she should go talk to her MP and ask him to enquire about the hold up.
what MP means?lol,,,
as i said,her mom gives her money every month,,,and we do have plans for the future,sure i will be working,and she is looking for work too
thank you very much leon
 

Leon

VIP Member
Jun 13, 2008
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MP = member of parliament. Sometimes they can put a bit of pressure on immigration but there is no point in asking while your timeline is still fairly normal.
 

gladiateur19

Hero Member
Aug 30, 2009
401
10
Leon said:
MP = member of parliament. Sometimes they can put a bit of pressure on immigration but there is no point in asking while your timeline is still fairly normal.
ah,okay,i do understand now,,,thank you very much,,,im going to wait one more week and then see happens,,,
 

ACN

Newbie
Aug 7, 2010
6
0
Hi Leon, I really really appreciate your responses to my questions. They are very enlightening and will definitely guide me now which to apply for. Thank you for helping me and a lot of people here. God bless you!
 

ACN

Newbie
Aug 7, 2010
6
0
Re: Spousal sponsorship: my related question

Hi Leon,

By the way, relative to my previous question on possibility of applying for open work permit. I did not see open work permit in CIC website. I just want to know more about this. You mentioned that it can be applied if PR application is from outland. Can you further clarify how you know about this? Does this mean that it can be filed only along with PR application?

Is it called open because it does not need any employer job offer upon filing? and therefore, does not also require LMO?

How does this work, just giving authority to work something like that? Is it stamped on the passport or a document/certificate given?

Thanks.
 

Leon

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Jun 13, 2008
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Re: Spousal sponsorship: my related question

ACN said:
You mentioned that it can be applied if PR application is from outland.
No, I mentioned that if you apply outland, there is no open work permit. If you apply inland you can get an open work permit.

It is called open because you are not tied to an employer.

A person applying for inland sponsorship can send the application for an open work permit as soon as they send their sponsorship application but they should write on it that they request it to be issued at the time of their first stage approval. They could also wait until they have first stage approval, usually takes 6-8 months, and then apply for the open work permit.

They would use the application form to change status.

From what you say, your application was an outland application and is being processed in your homeland. Therefore you would not be eligible for an open work permit.
 

zubee

Full Member
Sep 5, 2009
22
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124
Toronto
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Hi, this thread is really helpful and i have question about the "implied status" & "OWP"

I've married with my husband in Canada at last MAY and we are gathering up those informations to apply "inland" PR application. I'm from Hong Kong and just came back Canada from Honeymoon at July. I'm holding BNO passport which have 6 months visa free period to stay in Canada. I'm going to file my application on September, if i don't file with my "OWP" with the "PR" application, can i still under the "implied status" after 6 months passed?

Thanks
 

headcrusher

Newbie
Aug 11, 2010
9
0
Job Offer........
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Hi,

My partner (UK citizen) and I (Canadian) want to apply for the family class sponsorship as soon as we are eligible in a couple of months. We are considering applying in Canada (we are both abroad at the moment) and one thing we are most concerned about are problems we may have arriving in Canada at customs. Is it best to be honest and tell the Immigration officer our plans of applying for permanent residence or do we say my partner is there visiting me and my family for a couple of months? We are quite worried as last time he came to Canada with me the Immigration officer limited his stay to only 2 months. We were just wondering what is the best thing to say at customs? Thanks :)
 

shaimaa

Hero Member
May 12, 2010
308
0
Category........
Visa Office......
Islamabad
Job Offer........
Pre-Assessed..
App. Filed.......
28-09-2009
Doc's Request.
04-11-2009 and Re-PCC in July/2010 and on 3/March/2011 asked for proof of eligibility of sponsor
AOR Received.
04-11-2009
File Transfer...
31-10-2009
Med's Request
8-07-2011
Med's Done....
21-07-2011
Passport Req..
8-07-2011 submitted on 21-07-2011
VISA ISSUED...
27-09-2011
@ leon, hi, i need help.....i got this letter of declaration from chc isb mentionting that i should sign it and send it back to them confirming that i will have to pass my exams before practising medicine in canada which is all fine but on that declaration there is a section which says witness signature so do i have to get someone to sign there or they will have their own witness i have to send the papers by tomorrow please reply asap....
thank you