Spousal sponsorship

[canuck_in_uk]

I understand that her application would likely be processed faster as an outland, but our intention is that we remain in Canada together.
Applying outland using our Thai address (still have a home there) while living in Canada seems like it would be complicating things and I would like everything above board.
Does the extension to her present visa make sense?

It is perfectly fine to apply outland and use her Canadian address. There is no need to list a Thai address. Your wife can continue to extend her visitor status in Canada while an outland app processes

 

[harjand]

You will have to get remarried in a regular / non-proxy (i.e. in person) marriage ceremony.

Does anyone know about this option? how it's possible? should we get divorce or it's some way else. I'm really confused and scared.

 

[bigredmoose]

Does anyone know about this option? how it's possible? should we get divorce or it's some way else. I'm really confused and scared.

Scylla is right. You'll have to get married in person or live together as if you were married for a year. There's no need to get divorced as you are not actually married.

 

[harjand]

Scylla is right. You'll have to get married in person or live together as if you were married for a year. There's no need to get divorced as you are not actually married.

But proxy marriage count as an actual marriage and we already got married as proxy marriage so I don't know how to change our marriage to a type that both of us are present in person, without getting a divorce. Is that possible? and for living together the problem is I can not go to Iran because of my military service and she can not come here because she needs a visa to come here and live with me for one year. There should be a good a solution but I couldn't find it.

 

[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.

Had no issues coming back in as a visitor. They didn't even mention anything about the temp work visa expiring a couple weeks ago.

 

[bigredmoose]

But proxy marriage count as an actual marriage and we already got married as proxy marriage so I don't know how to change our marriage to a type that both of us are present in person, without getting a divorce. Is that possible? and for living together the problem is I can not go to Iran because of my military service and she can not come here because she needs a visa to come here and live with me for one year. There should be a good a solution but I couldn't find it.

Proxy marriages are not recognized as actual marriages in Canada.

 

[bigredmoose]

Had no issues coming back in as a visitor. They didn't even mention anything about the temp work visa expiring a couple weeks ago.

Congrats! I'm glad it went smoothly!

 

[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!

I am not sure if this actually posted, so just uhm. Asking the above again. Thanks!

 

[KelseyTVS]

I am not sure if this actually posted, so just uhm. Asking the above again. Thanks!

I have a couple of answers, but seniors correct me if I'm wrong.

Inland is much longer than Outland. The numbers on the CIC website are wrong, Outland is currently taking 8-10 months for USA. If you apply outland, he can still live in Canada with you, and he will be allowed to leave the country during the processing time. However, he will not be allowed to get the work permit that is offered to inland applicants. He would have to stay as a visitor, and extend his visitor status online after 6 months if your PR application isn't done by then (unlikely that it would be).

There's some great info on inland vs outland for USA applicants in the first post of this thread, if you go back to page 1.

As for your salary, it doesn't matter. There is no minimum income required for spousal applications. You just can't be bankrupt and you can't be on welfare.

Hope this helps!

 

[ayrazar]

Inland is much longer than Outland. The numbers on the CIC website are wrong, Outland is currently taking 8-10 months for USA. If you apply outland, he can still live in Canada with you, and he will be allowed to leave the country during the processing time. However, he will not be allowed to get the work permit that is offered to inland applicants. He would have to stay as a visitor, and extend his visitor status online after 6 months if your PR application isn't done by then (unlikely that it would be).

Hmm. The IC said outland was like 3-4 years. I wonder why she would also have incorrect info. Is there any other reason to do outland instead of inland? the not leaving thing isnt the end of the world for us, provided he /does/ get the work visa for sure.

 

[KelseyTVS]

Hmm. The IC said outland was like 3-4 years. I wonder why she would also have incorrect info. Is there any other reason to do outland instead of inland? the not leaving thing isnt the end of the world for us, provided he /does/ get the work visa for sure.

The best judgement of processing times is on this forum. Check out the USA Outland Applicants thread and look at their spreadsheet, where people update the progress of their applications in real time, it'll give you a good idea of how long it will take.

Other than the faster speeds and the freedom to travel, I'm not sure of any other benefits. I read somewhere that if you are denied for outland you can appeal it, but for inland you can't. But I'm not sure if that's true, I haven't done any research on it.

However, the work visa for inland applicants is only a one year pilot program. At the end of December 2015 CIC will assess the work visa program and decide if they will continue it in 2016. They may decide not to offer work visas for 2016 inland applicants. Or maybe the program will be a hit and they will continue with it, but we won't know for a while.

 

[Majromax]

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?

With a valid work permit, this is usually not a problem for visa-exempt travellers such as US citizens. Even without the work permit, visitor status can be extended whilst in 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?

Don't worry about that. Sponsorship of just a spouse does not have a fixed minimum income requirement. CIC cares that you are currently not on welfare or in bankruptcy and that you and your spouse will be able to support yourselves after immigration. (Applications for kids and parents are more stringent.)

The reason being that a) the IC stated my fiance will get the work visa in 3-4 months after we submit

Be warned that this is currently a one-year pilot project. Under the ordinary, written policy, the open work permit is available only after finishing stage 1 of processing, which is currently taking about a year and a half. The one-year experiment is to bring the open work permit (OWP) qualification up to receipt of the application.

This pilot project may or may not be extended; ordinary ambiguity is also worse given the upcoming fall election.

How long does it last for?

The OWP can be renewed as long as the application remains in progress; some applicants here have had initial validity periods of 1 year and others have received 2 years. The pilot project has not been active long enough for the initial recipients to yet need renewal.

b) outland is a lot longer for US citizens

The outland process for US citizens typically takes ~10 months. Many recent applicants have been processed more quickly, but the Ottawa visa office has fluctuating processing times. A handful of April and May applicants have already had decisions on their file, but on the other hand a handful of applicants from last September are still waiting.

On the other hand, even the 10-month framework is much shorter than inland processing times.

Hmm. The IC said outland was like 3-4 years. I wonder why she would also have incorrect info.

The immigration consultant is horrendously out of touch, and she should be slapped with a fish.

The 3-4 year timeline comes from looking at cases processed in New York or Los Angeles and applying a pessimistic safety margin. However, these centres do not process routine US cases -- Ottawa does, and it has for about three years now since the closure of the Buffalo office. Files are only transferred to LA when there is some sort of "red flag" like criminality or the belief that the relationship might be fraudulent and an interview is required. This does not generally happen for US-citizen applicants without a criminal history.

 

[ayrazar]

KelseyTVS - I am trying to find this spreadsheet.. The only one I found doesnt have anything past 2012. Arg. And that's upsetting.

Majromax - Okay, I understand it's being revisted in Dec 2015, so if we're applying in January, that may not even still be a thing, I guess. Maybe we should wait until we get married to decide which we will do.. I know he can visit for 6 months or whatever while we are waiting for processing if we do outland, but that means without working, which would be irresponsible financially. Arg.

Well now I really don't know what to do. We both just kind of want to do whatever leads to us living together as soon as possible, but while being able to like.. pay rent, haha.

 

[KelseyTVS]

Sorry for any confusion, here is the U.S. Outland spreadsheet. If you scroll down you will see all the more recent applicants: https://docs.google.com/spreadsheets/d/18NpCwiqXpOUdH3hN-f4J2gJ7T_-B97WoK3vlQMNKjAM/htmlview?pli=1

 

[scylla]

Hmm. The IC said outland was like 3-4 years. I wonder why she would also have incorrect info. Is there any other reason to do outland instead of inland? the not leaving thing isnt the end of the world for us, provided he /does/ get the work visa for sure.

Here's your first move: Fire your IC ASAP. Based on the things she's told you - she has absolutely no idea what she's doing and is providing bad advice. The stuff she has gotten wrong is "immigration 101". If she doesn't even know these basic facts - I'd hate to see what else she doesn't understand.

She's incompetent. Get rid of her.