Spousal sponsorship

[chilkootcee]

The application/documentation requirements are based on your country of origin, not the visa processing office.

In some cases, documents and forms can be based on country of residence and not only country of origin. With respect to Guide 3911, CIC Abu Dhabi called me to confirm that completion of the form related to Residents of Abu Dhabi is based on country of residence and NOT country of origin. My husband is Syrian but because he lives in the UAE, he still needed to complete the forms required for residents of Abu Dhabi. However, it also happens that the Guide for Middle East residents covers both Syria and UAE. I have a friend who is sponsoring her Morrocan husband who lives in the UAE...and they weren't sure. If you look at the entire guide though, it references "residents" and not "citizens"...which is a bit confusing.

Where one's visa application gets sent to is a completely different matter...as you say, mostly based on country of origin (but can also be based on country of residence) or on the caseload (it could go somewhere else altogether).

C.

 

[KiaG]

Please help us! We are on our wits end.

I have just been in contact with a CIC call centre representative, and I explained my situation that I broke up with my common law partner and left him for another Canadian citizen. He told me I obviously can't be on my current conditional PR, but advised me however that I write a letter to where I had my final landing appointment at, explain them my situation and then he said that he couldn't answer exactly what the procedure is, if I were to stay in Canada they could eventually have an interview with me and my new partner and maybe get to stay on my conditional pr, or revoke it completely and most likely get a 5 year "ban" for being re-sponsored into Canada?

Has any of you heard of whether you can continue to be on a conditional pr and actually by interview stay in Canada if accepted?

 

[sashali78]

Please help us! We are on our wits end.

I have just been in contact with a CIC call centre representative, and I explained my situation that I broke up with my common law partner and left him for another Canadian citizen. He told me I obviously can't be on my current conditional PR, but advised me however that I write a letter to where I had my final landing appointment at, explain them my situation and then he said that he couldn't answer exactly what the procedure is, if I were to stay in Canada they could eventually have an interview with me and my new partner and maybe get to stay on my conditional pr, or revoke it completely and most likely get a 5 year "ban" for being re-sponsored into Canada?

Has any of you heard of whether you can continue to be on a conditional pr and actually by interview stay in Canada if accepted?

Legally, your PR status can be revoked. If you don't let CIC know, and even if you become a citizen later on, your citizenship and PR can be revoked later as it will be considered attained fraudulently. If your new relationship serious and can be considered common law, or you intend to marry - its probably better to restart the sponsorship process again than living in fear that someone, at some point of your life will tip you off to CIC.
5 year ban is only on the sponsor, there is no rule that the principal applicant cannot be sponsored to Canada by someone else.

 

[taffy7]

Please help us! We are on our wits end.

I have just been in contact with a CIC call centre representative, and I explained my situation that I broke up with my common law partner and left him for another Canadian citizen. He told me I obviously can't be on my current conditional PR, but advised me however that I write a letter to where I had my final landing appointment at, explain them my situation and then he said that he couldn't answer exactly what the procedure is, if I were to stay in Canada they could eventually have an interview with me and my new partner and maybe get to stay on my conditional pr, or revoke it completely and most likely get a 5 year "ban" for being re-sponsored into Canada?

Has any of you heard of whether you can continue to be on a conditional pr and actually by interview stay in Canada if accepted?

First question is do you have condition 51 on your PR? If so and you have left your partner ,they can report the breakdown of the relationship. This is their right as they are responsible for you for 3 years. If you do not have condition 51 you are free to leave and be with whoever you want without any worries.


Condition 51 is very new , we do not have enough data on this and how it goes. Really its in the hands of your sponsor . Once your condition is up thats if you have condition 51 they you can do whatever you want and later on become a citizen without any worries .

When talking about an interview they won't just send you back and revoke your Pr they want to know how your relationship failed and if their was good reasons for you leaving, or was it a relationship just to come to Canada .

 

[joelnberg]

You do not qualify for either . You will have to wait till you have been living together for 12 continues months to become common law . Conjugal is not for you either you don't qualify for this as you have been able to live with your girlfriend . Only way to speed this up is to get married.

Even if she had her visas denied before? This was the reason we couldn't be together as she had to leave the Country and I couldn't move to Brazil, so from last September to May, I thought this would be a legitimate reason?

"you have been in a genuine relationship for at least 12 months where cohabitation has not been possible due to barriers such as immigration"...

Thanks again!

 

[KelseyTVS]

Even if she had her visas denied before? This was the reason we couldn't be together as she had to leave the Country and I couldn't move to Brazil, so from last September to May, I thought this would be a legitimate reason?

"you have been in a genuine relationship for at least 12 months where cohabitation has not been possible due to barriers such as immigration"...

Thanks again!

But you're together now aren't you? She was denied for a work visa but is there as a tourist, correct? CIC won't accept that as a barrier. As long as there is some possible legal way for you to live together, they don't care if she was denied for one type of status.

 

[scylla]

Even if she had her visas denied before? This was the reason we couldn't be together as she had to leave the Country and I couldn't move to Brazil, so from last September to May, I thought this would be a legitimate reason?

"you have been in a genuine relationship for at least 12 months where cohabitation has not been possible due to barriers such as immigration"...

Thanks again!

You don't qualify for conjugal. You don't face barriers to either common law or marriage. For common law, since she is in Canada she can apply for an extension towards the end of her visit and if you say that you are requesting the extension to qualify as a common law couple, chances are extremely high she is going to be approved. Or you could just get married.

 

[joelnberg]

But you're together now aren't you? She was denied for a work visa but is there as a tourist, correct? CIC won't accept that as a barrier. As long as there is some possible legal way for you to live together, they don't care if she was denied for one type of status.

Yes we are together now and she does have a visitors visa or 2 years. It was just, being unable to work for 1 full year makes things difficult. I was hoping to apply for just another open work permit originally. A Brazilian only gets issued one 6 month open work visa I guess. But for the $100 I think ill apply for another one anyways then. It's been a full year since she last had one and if I explain that I am looking to sponsor maybe they would issue a 6 month? I don't know but probably worth a shot.

 

[KelseyTVS]

Yes we are together now and she does have a visitors visa or 2 years. It was just, being unable to work for 1 full year makes things difficult. I was hoping to apply for just another open work permit originally. A Brazilian only gets issued one 6 month open work visa I guess. But for the $100 I think ill apply for another one anyways then. It's been a full year since she last had one and if I explain that I am looking to sponsor maybe they would issue a 6 month? I don't know but probably worth a shot.

You could definitely try. I don't know much about work permits so I can't say if they might approve it this time. But it's best to always steer clear of Conjugal. So few people qualify, and I don't think I've met anyone on here who was approved through Conjugal. Your best bet is to either get married or continue living together until you are Common Law, and hopefully it won't be too hard on your finances.

 

[computergeek]

Hello guys I just got pr and will be moving to Canada in sept is it possible to get married now or should I do a short landing and come back n get married n go back n apply for visa of my spouse? How much time will it take please enlighten me

If you get married before you land, you MUST then amend your application and include your new spouse BEFORE you land. Otherwise, you will be prohibited from sponsoring your spouse in the family class and may be accused of misrepresentation.

If you land first and then get married after, you may sponsor your spouse once you are living in Canada.

Note: if you have been living with your future spouse for one year or longer, you must amend your application in any case because you have entered into a qualifying relationship ("common law" under Canadian law). Failure to do so will make you ineligible to sponsor (because you must declare all your family members before you land). This is a very well established rule in Canadian jurisprudence and I've seen too many people run afoul of it.

Good luck!

 

[canuck_in_uk]

But for the $100 I think ill apply for another one anyways then. It's been a full year since she last had one and if I explain that I am looking to sponsor maybe they would issue a 6 month? I don't know but probably worth a shot.

1. An open work permit app costs $255.

2. It would be a complete waste of money. CIC will not issue her an OWP simply because you are looking to sponsor her.

 

[dhang729]

Good day i am sponsoring my and it is currently in process. Am i allowed to leave canada? I am just a pr by the way. I applied for outland sponsorship

 

[Hollywood]

Got my AOR on my sponsorship today. Excited to bring my American Wife to Canada.

 

[saharyounis]

Hello everyone, thank you for the informative topic.
I have few inquiries, I have filed application to sponsor my husband in 18th of may 2015, and today its july 16th 2015 and I still have not heard anything from them.
Should I be receiving a notification of application arrival or when they start processing?
How do they respond? mail vs email?
I am really on my nerves, I sent my email via canada post, I worried that it got lost or something.

Plz help
best of luck to you all

 

[blackeyes28]

Don't worry much...the CIC requirements are the same wether you are in Abu Dhabi or in manila embassy..

yep I figured that, well I do hope for the best. thanks