Spousal sponsorship

[bigredmoose]

Hoping someone can give me some advice here as there is a lot of information to try and process. Australian here currently in Toronto with my Canadian girl who I married a couple weeks ago. My two-year work visa expired and I was denied a new one due to a timing issue (my fault). I will be going down to the border to re-enter as a visitor and apply for a new two-year visa, but that will take two months.

In the meantime, I need to get off my ass and apply for a spousal PR and I have a few questions:

1) On the CIC processing times page, if the person being sponsored lives in Canada (which I do), it says the total waiting time is 25 months with the initial assessment being 15 months. Does this mean I should say I don't live in Canada or does it not count as living if I am a visitor here/on a temp work permit?

2a) I am leaning towards sending the application to Australia due to the shorter waiting period. If I send it to Australia, am I still able to send in an open work permit application and if so, at what stage/time frame does this get approved? I've read something about two stages for processing, but haven't seen any information on how long each stage takes, or is her approval one stage and my approval another?

2b) If I apply in Canada, the opening post says I shouldn't leave the country. What exactly does this mean? I will ruin the application if I leave the country at all, as in a day trip to Buffalo, or that if I leave the country, there is a slight chance I'll have an issue at the border and not be let in, thus ruining my application.

Thanks in advance, hoping to get through all this without the need of paying a lawyer thousands of dollars.

Please feel free to join our FB group for Australians trying to get PR in Canada - https://www.facebook.com/groups/730074400442960/


1)Do NOT apply inland unless you need the work permit, which should take 4 months. After that though, you're still looking at another 18 months+ for your PR to be approved. Australian outland apps, however, are very fast. Ours was finished in 6 months and based on other's recent experience I'd say 7 months is the average. It is acceptable to apply outland and be in Canada, people do it all the time.

2a)You don't get to pick where the application goes. Even outland apps sometimes to Ottawa. It's really up to CIC and their operational requirements. I think though you're talking about applying outland, which does not come with an OWP. You'd have to apply separately for that.

2b)The problem with an inland app is that if you leave the country and are refused re-entry, your application will be deemed to have been abandoned and you will be back at square one.

No need for a lawyer or consultant.

Congrats on the wedding!

 

[ticky]

This may prove problematic. There is a realistic chance that CBSA will refuse your entry as a visitor because you have already overstayed an earlier temporary status. If it has been less than 90 days since the expiry of your visa, you may apply to restore your status from within Canada.

Two years ago I had about a week gap between my previous work visa expiring and my new one coming through. I was told by CIC at the time I could stay via implied status. Went I re-entered the country with the new visa, no mention was made of the one-week gap in between.

Thanks for the great information though. As long as my new two-year temp work visa comes through in two months, I'll be applying outland as I'll have no reason for needing an OWP and I will still need to cross the border as I travel to the US often.

 

[ticky]

1)Do NOT apply inland unless you need the work permit, which should take 4 months. After that though, you're still looking at another 18 months+ for your PR to be approved. Australian outland apps, however, are very fast. Ours was finished in 6 months and based on other's recent experience I'd say 7 months is the average. It is acceptable to apply outland and be in Canada, people do it all the time.

2a)You don't get to pick where the application goes. Even outland apps sometimes to Ottawa. It's really up to CIC and their operational requirements. I think though you're talking about applying outland, which does not come with an OWP. You'd have to apply separately for that.

So, if I applied inland, the OWP would be approved within four months? Is this stated somewhere or just what you've seen from your time on here? If I can get a new temp work visa for two years, the outland option definitely sounds like the way to go.

And even if I apply via Sydney, there is a chance they could process it internally anyway? Diabolical!!

 

[Hsen]

Re: Letter Notice of approval delay

Hi,

eCase says that the letter had been sent on April 9th (3 months ago), After a month (May 8th) I called for a copy. The agent at the calling center sent the request for a copy. However, now I have to wait until August 8th (3 months) before asking for another copy. The agent said it depends, sometimes they send it by mail, sometimes by email.

And I'm sure that it's not in my Spam file.

The agent on the phone told me that I was accepted, and they sent the file to the embassy in Lebanon, however, beause I'm in Quebec, I need that letter for the CSQ.

Do you know if there is a way to contact the agent that approved my file?

Because my next step is to contact my federal deputy, because the situation is rediculous.

Thanks

Does your eCAS say that the correspondence was actually sent via postal mail? As far as I am aware, Mississauga usually sends out an e-mail for sponsorship approval, consisting of a generic letter plus a pdf attachment with the actual information.

You may want to check your spam filters in case it was classified as junk mail. On the other hand, junk mail from April may have been deleted as old by now.

What do you mean by "giving me 60 days to complete the request?" From what you have said thus far, nobody has requested anything of you -- you have requested things of them.

On the plus side, if the Lebanon office has anything to do with your application, then that almost certainly means that you have received sponsorship approval (provided you chose to withdraw the application if sponsorship were rejected). The SA letter is not a vital part of the process, unless you need it to apply for a CSQ if you are Québec-bound.

 

[ayrazar]

I cant seem to make a new thread, so Im just gonna throw some questions on here and see what happens.

I'm sponsoring my American fiance to enter Canada. We are getting married in December, and are planning on submitting at the beginning of January. We met with an immigration consultant for a quick consultation, and received a checklist and some information, but my head is spinning.

We are planning on doing an inland application. The reason being that a) the IC stated my fiance will get the work visa in 3-4 months after we submit, b) outland is a lot longer for US citizens, c) we're getting tired of Skype all the time (haha, preaching to the choir no doubt). I am confused about this though. An American citizen can only stay here for 6 months. So, if he comes up in December, that takes us to mid-June. If the PR won't come back for.. 26 months I think she suggested, how does he stay in the country? Is it the work visa that allows for that? How long does it last for?

And with the work visa, I know I keep reading don't leave Canada, but in the event of a family emergency, does having the work visa not guarantee his re-entry into Canada?

For myself, I see I have to sumbit my salary/hours/etc. Im currently working a short contract position (I JUST got out of school, graduated a month ago) and I am not sure I am going to have another full time position when I submit as my contract is done by then. If I'm not full-time somewhere, will I not be approved for sponsorship?

Any answers would be great, I'm sure I have 233 more questions, but those will do for now. Thank you!

 

[bigredmoose]

So, if I applied inland, the OWP would be approved within four months? Is this stated somewhere or just what you've seen from your time on here? If I can get a new temp work visa for two years, the outland option definitely sounds like the way to go.

And even if I apply via Sydney, there is a chance they could process it internally anyway? Diabolical!!

4 months for OWP with inland apps is what the gov't says it will take and it seems to fit with what people on here are reporting.

No, there is no applying via Sydney. You send the application to Mississauga, they decide where it goes from there. You used to be able to specify which visa office you wanted, but not any more.

 

[Ayan988]

Hi all, I wish to sponsor my wife . I just recently moved to Vancouver canada. I m from India, I applied for Canadian PR long time back. I wasn't married at that time. I forgot to update my status and did t notify CIC regarding my married and daughter. I am in Canada now and want my wife and daughter to be with me. What shall I do and how it will affect my status and sponsoring my family.

 

[scylla]

Hi all, I wish to sponsor my wife . I just recently moved to Vancouver canada. I m from India, I applied for Canadian PR long time back. I wasn't married at that time. I forgot to update my status and did t notify CIC regarding my married and daughter. I am in Canada now and want my wife and daughter to be with me. What shall I do and how it will affect my status and sponsoring my family.

If you landed and became a permanent resident of Canada without adding your wife and daughter to your application - then you can never sponsor them. If CIC discovers that you failed to declare your family - it's also possible your own PR status may be revoked.

If you want to bring your family to Canada there are really two options at this point: (1) You will need to renounce (give up) your PR status and apply again from scratch for PR with your wife and daughter included in the application this time; (2) Your wife will have to immigrate to Canada on her own (e.g. as a skilled worker) and include your daughter in her application.

Unfortunately you made a very big mistake by failing to follow the instructions and not notifying CIC about the changes to your family composition before you landed.

 

[ymserver]

Hi all, I wish to sponsor my wife . I just recently moved to Vancouver canada. I m from India, I applied for Canadian PR long time back. I wasn't married at that time. I forgot to update my status and did t notify CIC regarding my married and daughter. I am in Canada now and want my wife and daughter to be with me. What shall I do and how it will affect my status and sponsoring my family.

Scylla is right, if the PR application you submitted did not include your wife and daughter when you were married OR after you applied but before you landed, you got married and had a daughter but did not notify CIC. (sounds like you are the latter case)

Just to clarify, You said you weren't married 'at that time' = when? were you married and had a daughter AFTER you landed and became PR?

I am not sure: As a PR (after landed), do you still need to notify CIC of any marital change or having children?

 

[Majromax]

I am not sure: As a PR (after landed), do you still need to notify CIC of any marital change or having children?

This is unnecessary. A permanent resident can remain in Canada indefinitely without any further interaction with CIC; it's not CIC's business if you have a kid after landing. (It is their business if the kid was born abroad and needs to be sponsored, but that's a separate application entirely.)

 

[Aftrmidnyt]

Hello all (and especially those that offer sound advice),

I have just stumbled upon this forum and very happy to have done so after quickly reading some of the threads and many of the posts.
Perhaps I could have started a new thread, but my situation seems to fit in here.
My question is concerning timing and a path forward that will meet our needs and as well as conforming to the requirements for my wife's PR application.

A little back ground information to set the stage......
My wife and I met in Feb. of 2011 in Thailand and I completed the mountain of documents required for a visitors visa so she could come to Canada.
Mission accomplished! She was granted a 5 year multiple entry visa and came to Canada in August of 2011.
We were married in September in Jasper National Park.
How quickly time flies......Her visitors visa expires in February of 2016. (Reviewing the issue/expiry dates on her visa in the passport, the 5 year visa is only 4.5 years)
Our time has been split between Thailand and Canada and we have just returned to Alberta as I have recently started a new job that will keep us here (potentially) for years.
Now...to the issue of timing.
I was filling out the (PR) documents and while reading though the instruction guide I found a line that may complicate our process.
It stated that if you (the applicant) left Canada after applying, and before approval, that the application would be denied. Did I misunderstand this?
We will be returning to Thailand for a month this winter to visit family (and escape a month of Alberta winter) and don't want to jeopardize the PR application process. We are departing Canada around December 20th and returning end of January. This only leaves 2-3 weeks validity on her present visa.

Is the "Application to Change Conditions or Extend Your Stay" (IMM5708) the best way to handle this?
Before we leave in December, I would think, to avoid problems at immigration upon returning.
Another option is to apply for a new visa now. I haven't read up much on that option yet, my focus until now has been filling out PR documents.
Would it be best to postpone the PR application until our return in January? My wife desires it to be done yesterday!!!!!
I certainly appreciate and admire her enthusiasm, however, these documents make my brain hurt!

Any advice is much appreciated.
Thank You in Advance,
Aft.

 

[hcseeker]

Do whatever you can not to declare bankruptcy. You cannot sponsor a spouse while bankrupt. Declaring bankruptcy while your application is in progress will most likely result in the application being refused.

We've been fighting it with all our might but may lose the battle. High cost of living here. At this point my wife may have to go back to the States to work for some income. How ironic that CIC triggered the bankruptcy and then would refuse our application because of it. I'm becoming very cynical about them. Will they ever get their act together? Maybe if they deport my wife will recoup the cost of airfare, maybe a little justice for their destruction of our finances. I worked every day in Canada for 30 years and paid the max tax, CPP, etc and this is our reward from the Canadian gov't, my life ruled by some faceless, petty bureaucrat.

 

[angeljhun21]

hi guys i urgently need a help ...
ok so my future-to-be husband was petitioned by his mother with our son. and the petition was approved,they're now in canada last june 13,2015 waiting for their PERMANENT RESIDENCY CARD,,, and at the end of august my husband and son (1 yr old and 7 months) will be coming back here in the philippines for us to have a civil wedding (BECAUSE WE'RE NOT YET MARRIED AND HE WAS PETITIONED AS A SINGLE STUDENT) and after 1 month my husband would be going back to canada and will be working. so my question is can he already process and apply a spousal sponsorship? and can u please help me out on how to prepare everything..PLEASE GUYS I NEED HELP

 

[Majromax]

I was filling out the (PR) documents and while reading though the instruction guide I found a line that may complicate our process.
It stated that if you (the applicant) left Canada after applying, and before approval, that the application would be denied. Did I misunderstand this?
We will be returning to Thailand for a month this winter to visit family (and escape a month of Alberta winter) and don't want to jeopardize the PR application process. We are departing Canada around December 20th and returning end of January. This only leaves 2-3 weeks validity on her present visa.

This applies to applicants who use the in-Canada sponsorship process. This track requires the applicant to cohabit with the sponsor in Canada, which is obviously not possible if the applicant leaves Canada and is denied re-entry. The outland process carries no such requirement, and it is generally faster -- most forum-users here would recommend it if it is possible.

 

[nubee]

Hi everyone,

I am a new member of this group and posting first time here.

I am a PR (citizenship in process). My fiance lives in India and we are planning on getting married in August 2015. We met thru family and this is an arranged marriage. We are planning for a court marriage first as there is no "muhurat (auspicious date and time)" per Indian traditions, in August. From the experience of members, Is court marriage accepted in delhi VO? Or do we need to have a traditional marriage?

I was planning for a traditional marriage at a muhurat date in November 2015. However as didn't want to delay the visa process so planning for a court marriage earlier. Is it ok to do this way? Please share your experience and point me in a right direction.

Thanks a lot for your help in anticipation. Please correct me if I am not on the right thread. [/shadow]