Spousal sponsorship

[dyljuan]

RHCOHEN2014 - Thanks!

 

[Ponga]

Hey guys!

first of all, thank you for doing this. This is a great forum with a lot of helpful people! I asked my wife to write a short story about us and I would like to know what do you think about it. Thank you so much!

My husband and I met last year in Revelstoke, BC, by chance. He was from the Czech Republic, which coincidentally is where my mother and father are from. Another huge coincidence was that he was planning to return to Czech in April, the same time I was planning on visiting my grandmother in Czech. We decided to meet up in Czech whilst we were both there. He then bought a ticket back to Canada, to come as a visitor, so as to come see me. However, upon arrival in Vancouver, he was given a ban for one year from Canada. He returned to Czech a week later. I decided to prolong my stay in Czech by two weeks so I could stay with him. I then had to return to Canada to start new employment. I worked a well paid full time job for 5 months in Canada, whilst Jakub worked in Europe. Because I have dual citizenship to the Czech Republic and Canada, I decided that I would quit my job, leave my mother, step father, and very close friends behind to be with Jakub in the Czech Republic. It was an extremely difficult decision, and an even bigger adjustment when I arrived. We really want to return to Canada, as I have a chance of gaining my position back at my old job and be closer to both my mother and my husband, not having to choose between the two. We were set on starting an outland spousal sponsorship in January, but then read the news about the change the government was making in offering spouses application for an open work permit if they were in the process of an inland spousal sponsorship. Our immigration consultant advised us that we could try and return to Canada after Jakub's ban, and start an inland process, whilst simultaneously applying for the open work permit. If Jakub will be permitted to enter the country, my mother has agreed to let us stay with her and my step father until Jakub's permit comes through. We have bought our flight tickets, including return, which will be used if the permit does not go through and Jakub has to leave the country within the 6 month visiting period. We are extremely nervous to fly as our immigration consultant told us there is always a chance that the border officer at the airport will turn Jakub around and back to the Czech Republic. We have all our papers (including Jakub's police certificates, marriage licence, IDs, and birth certificate) notarized and legally translated. We will also be getting his travel insurance for the period of him waiting for the open work permit, IF he is allowed back into the country. Any suggestions, thoughts, or tips would be greatly appreciated as this has been an extremely frustrating year for us and we are only hoping it will get better from here on out. Cheers.

Why was he denied entry and served with a one year exclusion order? Since he was previously in Canada (since you met him in Revelstoke), had anything changed in his personal background (i.e. criminality) that would have made him inadmissible? I suspect not, since criminality usually means a 5 year ban, because the person must apply for rehabilitation.


My only advice (without hearing more about his refusal) would be to get his police certificates LAST, because they are only valid for 90 days, which simply means that CIC must receive them within 90 days...even if the entire application sits in a pile for months before it's even opened.

The AOR (Acknowledgement of Receipt) date for you MUST be within that 90 day window.


Good luck!

 

[rhcohen2014]

Hey guys!

first of all, thank you for doing this. This is a great forum with a lot of helpful people! I asked my wife to write a short story about us and I would like to know what do you think about it. Thank you so much!

My husband and I met last year in Revelstoke, BC, by chance. He was from the Czech Republic, which coincidentally is where my mother and father are from. Another huge coincidence was that he was planning to return to Czech in April, the same time I was planning on visiting my grandmother in Czech. We decided to meet up in Czech whilst we were both there. He then bought a ticket back to Canada, to come as a visitor, so as to come see me. However, upon arrival in Vancouver, he was given a ban for one year from Canada. He returned to Czech a week later. I decided to prolong my stay in Czech by two weeks so I could stay with him. I then had to return to Canada to start new employment. I worked a well paid full time job for 5 months in Canada, whilst Jakub worked in Europe. Because I have dual citizenship to the Czech Republic and Canada, I decided that I would quit my job, leave my mother, step father, and very close friends behind to be with Jakub in the Czech Republic. It was an extremely difficult decision, and an even bigger adjustment when I arrived. We really want to return to Canada, as I have a chance of gaining my position back at my old job and be closer to both my mother and my husband, not having to choose between the two. We were set on starting an outland spousal sponsorship in January, but then read the news about the change the government was making in offering spouses application for an open work permit if they were in the process of an inland spousal sponsorship. Our immigration consultant advised us that we could try and return to Canada after Jakub's ban, and start an inland process, whilst simultaneously applying for the open work permit. If Jakub will be permitted to enter the country, my mother has agreed to let us stay with her and my step father until Jakub's permit comes through. We have bought our flight tickets, including return, which will be used if the permit does not go through and Jakub has to leave the country within the 6 month visiting period. We are extremely nervous to fly as our immigration consultant told us there is always a chance that the border officer at the airport will turn Jakub around and back to the Czech Republic. We have all our papers (including Jakub's police certificates, marriage licence, IDs, and birth certificate) notarized and legally translated. We will also be getting his travel insurance for the period of him waiting for the open work permit, IF he is allowed back into the country. Any suggestions, thoughts, or tips would be greatly appreciated as this has been an extremely frustrating year for us and we are only hoping it will get better from here on out. Cheers.

from experience, once an exclusion order is lifted, assume the person will always be sent to secondary to prove his intentions for his stay and ties to his homecountry. the only ties CBSA will care about really is employment or proof of housing in the home country. if he can get a remote job for a company in his home country, that is actually the best way to alleviate concerns. they don't care about belongings and family. they consider the spouse/partner/bf/gf to be a strong enough tie to want to stay in canada longer than allowed. they will not like to see him appearing to be "moving" to canada, even under the pretext of "visiting for 6 months." it may be best to not seek entry for such a long time at first. i would recommend the first trip back to be more like 1 month, maybe 2 at the most. once IN, then he can apply to extend his stay as a visitor as a pr applicant and stay as long as the extension will allow.

 

[Ponga]

I think an important piece to the puzzle, is WHY he was issued the exclusion order.

Typically, if a CBSA officer only suspects that the traveller will violate the conditions of their visa, they do NOT issue an exclusion order. More often than not, they allow the person to voluntarily withdraw their application to enter Canada without any enforcement action.

It's possible that they found/saw something (paperwork in his bag regarding employment, text messages on his phone, etc.) when he attempted to re-enter that led to the enforcement action. Maybe he was found to have violated the terms on his previous visit when he and the OP met in Revelstoke?

Hopefully the OP will provide more information for us.

 

[missmywife]

1) I assume your wife is the applicant. Then on the form she has to fill out her parents and siblings' info (Section A and C; N/A for Section B since applicant does not have children as you said). In your case, only the applicant has to fill this form. You don't need to fill another separate form(s) for her parents/ siblings if that's your question.

2) No children then no need to submit the additional dep 0008 form.

3) I am not sure how to approach this q for your case.
If you did live with her for those 3 weeks, I would believe you can write that you two lived together for those 3 weeks.

4) Put all years including elementary and high school, so yes 18 years in your case. (confirmed by my immig consultant)

5) Shouldn't it be $1040 under "Family Class" which includes Sponsorship application (per application) $75, Principal applicant $475, and Right of Permanent Residence Fee $490?

6) I believe in your case there is no co-signer. I think co-signer is for the situation where you are sponsoring a dependent. (Those forms are generic)

Thank you so much for your quick response. My bad about the fee....It should have been 1040 as you noted.

One last dumb question I have: As I mentioned earlier I'm a Canadian citizen applying as a sponsor for my wife (who is an Indian citizen).. She is the principal applicant applying for immigration to Canada under FAMILY CLASS.. Do I have to apply separately for her P.R status along with the family class application or does it come automatically with the family class application??? I know its a dumb questions but just thought I'd clary as I remeber reading somewhere that applying for p.r status along with family class application speeds up the processing time.....I could have been dreaming though

 

[rhcohen2014]

Thank you so much for your quick response. My bad about the fee....It should have been 1040 as you noted.

One last dumb question I have: As I mentioned earlier I'm a Canadian citizen applying as a sponsor for my wife (who is an Indian citizen).. She is the principal applicant applying for immigration to Canada under FAMILY CLASS.. Do I have to apply separately for her P.R status along with the family class application or does it come automatically with the family class application??? I know its a dumb questions but just thought I'd clary as I remeber reading somewhere that applying for p.r status along with family class application speeds up the processing time.....I could have been dreaming though

the pr application IS the family class application. there are 2 applications that get sent TOGETHER in the same package: the sponsor's application and the principal applicant's application. They are sent to mississauga AT THE SAME TIME who will determine the eligibility of the sponsor, then internally transfer the applicant's package to the appropriate visa office.

 

[RuBa]

Hello there
I'm new in this forum.
I applied for my husband August 2013 from Bangladesh.September they forward the file to Singapore and October they said we r in the interview list and it will take 24 months to call.
Ever since didn't get any news.
Is anybody out there in my situation or have any ideas to share. So tired and frostrated of waiting

 

[Lovergirl1215]

I have Travel plans for April 18th @Garry and thank you for telling me that I had no idea.

 

[Katerina07]

Can I submit my application without SBCA report about our recent entry into Canada?
They dont want to get back to me. So i figured while I wait for them, can send my application with explanation?
Or will it be returned?

 

[Ponga]

Because Immigrant visa is valid for 6 month.So where is Problem ? There is Plenty of Time between March and October

I have Travel plans for April 18th @ Garry and thank you for telling me that I had no idea.

The CoPR document is typically only valid for one year from the date of the medical exam.

Many people have received their CoPR with only a few days, or weeks before it expired!

 

[Galano1213]

What if they extend the medical ? Which date do you use as mine expires in April 23 and we have not heard anything from Havana.

 

[rhcohen2014]

What if they extend the medical ? Which date do you use as mine expires in April 23 and we have not heard anything from Havana.

you'll have to wait to see the copr to know what date they use as the expiry date if the medicals are close to expiring.

 

[Can_HK2015]

Hi, I am a Canadian citizen who claimed a non-resident, have been living in HK in the last 18 years and decided to return to Canada. I got married in HK in 2007 and want to return to Canada with my husband who is a HK citizen. We applied spousal sponsorship in Aug 2013 in HK, application for a sponsor (me) was successful in Sep 2013. However, the assessment of my husband's application for a PR visa got refused. The letter mentioned that they were not satisfied that me being the sponsor does not reside in Canada and did not do so on the day on which the application was filed and from that day until the day a decision was made in respect to the application. Specifically, they said I do not meet the requirements of subsection 130(1)(b) of the Immigration and Refugee Protection Act. Fyi, I did list out my intention to study in the application.

Now, I am returning Canada for good in May 2015. Shall I apply the spousal application again now (outland) in order to speed up the processing time? Or wait till I return to Canada and apply Inland? My husband still has a job in HK and hasn't decided to quit yet. Please assist. Thanks.

 

[scylla]

Hi, I am a Canadian citizen who claimed a non-resident, have been living in HK in the last 18 years and decided to return to Canada. I got married in HK in 2007 and want to return to Canada with my husband who is a HK citizen. We applied spousal sponsorship in Aug 2013 in HK, application for a sponsor (me) was successful in Sep 2013. However, the assessment of my husband's application for a PR visa got refused. The letter mentioned that they were not satisfied that me being the sponsor does not reside in Canada and did not do so on the day on which the application was filed and from that day until the day a decision was made in respect to the application. Specifically, they said I do not meet the requirements of subsection 130(1)(b) of the Immigration and Refugee Protection Act. Fyi, I did list out my intention to study in the application.

Now, I am returning Canada for good in May 2015. Shall I apply the spousal application again now (outland) in order to speed up the processing time? Or wait till I return to Canada and apply Inland? My husband still has a job in HK and hasn't decided to quit yet. Please assist. Thanks.

Applying inland is only an option if BOTH you and your husband are physically in Canada. Otherwise you have to apply outland (regardless of whether you are in Canada or outside of Canada).

 

[srimathi.08]

Hi All, I'm new to this forum and thanks to the thread it makes me feel positive
1. My husband in Canada has applied PR for me on 21st October 2014, medicals done on 22nd september 2014 and got UCI number on 8th January 2015.
2. I could see my status as "Application Received" in the website since then.
3. Can anyone brief on what are various stages or the whole process on how we get PR and the meaning for AR/MR..
4. At which stage of status we will get PPR request..
5. If the status is "In Process" what does that means.. Very much confused and anxious..

Pls help friends!! thanks in advance!!