Spousal sponsorship

[scylla]

Start by reading the first thread in this link and then let us know if you have any further questions: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

It will likely be difficult for him to obtain a visit visa. But you can certainly try.

 

[amberrojas]

I am a Canadian, married to a Senegalese man. We are currently in Senegal together but we want to come back to Canada together. I have not yet applied to sponsor him but want to know if anyone knows roughly how long it would take for him to actually be able to come to Canada. I also wanted to know if it is possible for him to come in on a visitors visa and then apply for perm. residence while still in Canada WITHOUT him having to go back to Senegal first. We are trying to avoid being apart as we are both quite attached. Also, I wanted to know if he can get a visitors visa while I am sponsoring him.
Also, what kinds of things do I need to have for my interview and what do I need to be prepared to answer?
Thanks

While friends of mine were in the process of spousal spobsorship and waiting they applied twice for a visitors visa for her husband so that she didn't have to keep going to Costa Rica. They were denied both times and she asked her lawyer why. He said it's because that make it so much easier for people to stay illegally. I saw another lawyer and he said the same thing to me. Don't bother applying for visitor visa, you'll be denied. You just have to wait it out, or go visit your spouse. It's a waste of money when you know you'll be denied.

 

[troeli]

Hi,
I live in Sweden. I havent heard anything yet, we sent the application in februari. Where do you live?


Hi,

Can I ask which country you live? I'm in the same situation, I have 2 kids, did you come any further?

Thanx

 

[emas]

i'm emas for srilanka my family are stay in malaysia UNHCR. My family member are Father,Mother,2Bather u can help my family spousar in canada.

 

[malawi]

While friends of mine were in the process of spousal spobsorship and waiting they applied twice for a visitors visa for her husband so that she didn't have to keep going to Costa Rica. They were denied both times and she asked her lawyer why. He said it's because that make it so much easier for people to stay illegally. I saw another lawyer and he said the same thing to me. Don't bother applying for visitor visa, you'll be denied. You just have to wait it out, or go visit your spouse. It's a waste of money when you know you'll be denied.

You can find the waiting times on the CIC website but from what I'm seeing it's between 6 months and 18 months. I'm currently waiting for my husbands visa to be processed (1 month so far) and he's Malawian and I'm staying here until August when we'll be separated. Africans can not apply inland and he would not likely get a visitors visa according to lawyers I've talked to and that my husband and I have never been able to get one in three years. Good luck!

 

[Emily2301]

Hello everybody,
I'm new to the forum but I've read alot and I've seen that you guys give great advice. Here's my situation:

I'm from Germany and have been in a relationship with my canadian boyfriend for many years (going back and forth while I finished my degree in Germany). I've been in Canada for 10 months now on a temporary working visa that expires in the end of May. We have been living together during that time and we want to apply for sponsorship (outland) after we've reached 12 months of cohabitation. (I have to add that we've also started thinking about getting married since we haven't combined our finances which might make it difficult to prove common-law (?)). So, we have now 2 months to go until we can apply for sponsorship and my question is: Is ist better for me to try staying in Canada and to apply for an extension (going from worker to visitor)or leaving for a couple of weeks to see my family and return to Canada which might get me another 6 months in Canada? Would it be difficult to re-enter (no job in Germany, relationship in Canada...) and would we risk our common-law status? An agent told me that a short separation shouldn't be a problem for the application (and I can make up for it by applying a few weeks later) and it shouldn't be a problem to re-enter. I'm still nervous after reading several posts on how officers can find something wrong with your situation and might think that I won't leave after 6 months. If I stayed until the fall, then our application would be in before I leave. (Btw, should I expect any problems entering Canada with a PR-application in process? Do they think I might not leave? Is a return flight enough proof?)

THANKS ALOT for your help, I don't know what to do right now and I have to decide QUICKLY.

 

[nazirv]

Hello,
I am a Canadian Citizen sponsoring my US citizen wife via Outland application to join me in Canada. We both currently live in the USA. The sponsorship/immigration application and all supporting documents are complete with the exception of the FBI clearance letter. We are at the 3rd attempt due to ineligible prints and hope this time it is legible. We are planning to drive up to Canada together along with our two kids (dual citizens since born in the USA). My question....if I have applied for sponsorship and it is pending when we drive up together to permanently move to Canada with our belongings, will we encounter any issues with my wife entering as a visitor until her application is processed/approved? With the exception of a few things in our vehicle (which we are also importing with RIV), all our goods will be shipped up. We need to be in Canada in mid-July due to my job transfer. Any suggestions would be appreciated!
Thank you

 

[rjessome]

Hello everybody,
I'm new to the forum but I've read alot and I've seen that you guys give great advice. Here's my situation:

I'm from Germany and have been in a relationship with my canadian boyfriend for many years (going back and forth while I finished my degree in Germany). I've been in Canada for 10 months now on a temporary working visa that expires in the end of May. We have been living together during that time and we want to apply for sponsorship (outland) after we've reached 12 months of cohabitation. (I have to add that we've also started thinking about getting married since we haven't combined our finances which might make it difficult to prove common-law (?)). So, we have now 2 months to go until we can apply for sponsorship and my question is: Is ist better for me to try staying in Canada and to apply for an extension (going from worker to visitor)or leaving for a couple of weeks to see my family and return to Canada which might get me another 6 months in Canada? Would it be difficult to re-enter (no job in Germany, relationship in Canada...) and would we risk our common-law status? An agent told me that a short separation shouldn't be a problem for the application (and I can make up for it by applying a few weeks later) and it shouldn't be a problem to re-enter. I'm still nervous after reading several posts on how officers can find something wrong with your situation and might think that I won't leave after 6 months. If I stayed until the fall, then our application would be in before I leave. (Btw, should I expect any problems entering Canada with a PR-application in process? Do they think I might not leave? Is a return flight enough proof?)

THANKS ALOT for your help, I don't know what to do right now and I have to decide QUICKLY.

I would err on the side of caution and apply for a change of conditions from worker to visitor to meet the 12 month requirements if you are not getting married. Chances of you being refused re-entry are probably slim but if you want to be safe...

 

[Emily2301]

I would err on the side of caution and apply for a change of conditions from worker to visitor to meet the 12 month requirements if you are not getting married. Chances of you being refused re-entry are probably slim but if you want to be safe...

Thank you for your answer! I was thinking the same thing but it is hard to cancel the trip (I had planned to go to attend a wedding) Do you think the bigger worry is being refused re-entry or having to explain the short separation (or both)? I was also wondering if my application for the extension could be refused... is mentioning the relationship a good enough reason to wanting to stay? Would you mention the planned sponsorship application or is it better not to? You do have to proof that you have sufficient funds, do you know how much you need?

Also, I am thinking ahead, and the next time that I'm planning to leave Canada (together with my partner) is in September. Once we get back to Canada together, is there a chance that I encounter any problems at the airport getting back in? At this point we will have an application in process. I'm always thinking about their concerns about no ties to the home-country and me leaving Canada if I had too. Right now I think I have enough funds to stay but in September it will be much less, could that be a problem? How important is it to have a return ticket? If I left in the end of May and came back in the beginning of JUne I know I would have a return ticket to show for sure (this is the rhythm I'm in right now, I always have a return flight); if I stayed I would have to let my ticket expire which changes this rythm and leaves me without a return flight when I try to re-enter in September. Not sure if this is clear.

Thank you so much for your advice!

 

[jcruicks]

If I have NOT already applied to sponsor my husband (who is in Senegal) and my parents, who have a lot of money in Canada (my family is Canadian) propose a letter of invitation, is it likely that he will be accepted for a visitor visa? I spoke to a lawyer friend of mine who says that if I can get him in as a visitor we can then apply for him to get PR while he is in Canada.

 

[Emily2301]

Thank you for your answer! I was thinking the same thing but it is hard to cancel the trip (I had planned to go to attend a wedding) Do you think the bigger worry is being refused re-entry or having to explain the short separation (or both)? I was also wondering if my application for the extension could be refused... is mentioning the relationship a good enough reason to wanting to stay? Would you mention the planned sponsorship application or is it better not to? You do have to proof that you have sufficient funds, do you know how much you need?

Also, I am thinking ahead, and the next time that I'm planning to leave Canada (together with my partner) is in September. Once we get back to Canada together, is there a chance that I encounter any problems at the airport getting back in? At this point we will have an application in process. I'm always thinking about their concerns about no ties to the home-country and me leaving Canada if I had too. Right now I think I have enough funds to stay but in September it will be much less, could that be a problem? How important is it to have a return ticket? If I left in the end of May and came back in the beginning of JUne I know I would have a return ticket to show for sure (this is the rhythm I'm in right now, I always have a return flight); if I stayed I would have to let my ticket expire which changes this rythm and leaves me without a return flight when I try to re-enter in September. Not sure if this is clear.

Thank you so much for your advice!

PLEASE have a look at my above questions...

May I add another question: If I apply for my extension on paper and I don't hear back from them before September (processing times are quite long), that means I have implied status until September, right? Is it ok to leave Canada while having implied status? Is it ok to apply for sponsorship in July while having implied status?

Thank you so much!

 

[rjessome]

PLEASE have a look at my above questions...

May I add another question: If I apply for my extension on paper and I don't hear back from them before September (processing times are quite long), that means I have implied status until September, right? Is it ok to leave Canada while having implied status? Is it ok to apply for sponsorship in July while having implied status?

Thank you so much!

Is there any chance of getting a new LMO to extend your work permit? Or getting a Working Holiday Permit? Just a thought.

Chances are that you will be fine re-entering Canada as a visitor BUT if CBSA questions you and you don't show a plan to leave, they can deny you re-entry. A return ticket is usually cheaper than a one way but I understand you will be buying a return ticket to leave Canada, go to the wedding and then return.

If you apply for a change of conditions from worker to visitor and then leave, you are voiding the application. There is no implied status for someone who leaves Canada as a visitor as it doesn't continue once you leave. So if you are leaving, then don't bother applying to become a visitor. In effect, you "apply" again as a visitor when you re-enter.

 

[Emily2301]

Is there any chance of getting a new LMO to extend your work permit? Or getting a Working Holiday Permit? Just a thought.

Chances are that you will be fine re-entering Canada as a visitor BUT if CBSA questions you and you don't show a plan to leave, they can deny you re-entry. A return ticket is usually cheaper than a one way but I understand you will be buying a return ticket to leave Canada, go to the wedding and then return.

If you apply for a change of conditions from worker to visitor and then leave, you are voiding the application. There is no implied status for someone who leaves Canada as a visitor as it doesn't continue once you leave. So if you are leaving, then don't bother applying to become a visitor. In effect, you "apply" again as a visitor when you re-enter.

Thank you for replying, rjessome!

My employer tried getting a new LMO for me and was denied. Too bad, he really wanted to keep me too :-(

If I leave before my TRV is up I WILL have a return flight to Germany once I re-enter in June since I have a flight to Germany right now and I would buy another roundtrip in Germany (to Canada/return to Germany). Do you think having a return flight and mentioning family obligations in September would be enough?
What I originally meant was: if I extended my stay (end of May until Sept), my flight to Germany would expire in the end of June, and the next time I leave (Sept) I would have to buy a roundtrip to Germany/back to Canada leaving me without a return ticket once I want to re-enter in Sept. But I guess I could solve that by buying another ticket back to Germany.

Lastly, if I left in the end of May, I wouldn't apply for an extension, I know I get new visitor status when I re-enter. That question was meant for the extension-szenerio: If I decided to stay I would like to extend my status until September, but what if I don't hear from them before September?? I'd be on implied status until I hear, what happens if someone leaves before receiving the decision?

Sorry if my description was confusing! I gotta be honest: I wish it wouldn't be an issue if I left for 2 weeks in the end of May, I'd prefer to go home for a visit. There is the wedding, and my sister is facing some health issues. But I don't want to endanger our process (meaning getting back in and handing in our application in July after 12 months of cohabitation; right now we're at 10 months...) Until last week I had firmly planned on going, then I heard about the "only short and temporary separation" rule for common-law and read about other people who had trouble to re-enter. After that I panicked and I've lost a lot of sleep over this :-(

 

[rjessome]

I think I understand what you are trying to say. If you apply to change your conditions from worker to visitor before your current WP expires, you would be on implied status until they make a decision on your application, assuming you don't leave Canada. So the answer is YES, if you apply in May, you will be on implied status either until you get a decision or you leave Canada.

 

[Emily2301]

I think I understand what you are trying to say. If you apply to change your conditions from worker to visitor before your current WP expires, you would be on implied status until they make a decision on your application, assuming you don't leave Canada. So the answer is YES, if you apply in May, you will be on implied status either until you get a decision or you leave Canada.

Hi rjessome, thanks for the confirmation! And it wouldn't matter if I applied for PR while on implied status?
Still losing sleep over the decision... What do you say to my questions above (red)? Return flight and family obligations are enough proof if I tried re-entering in June?
If I applied for the extension, should I only mention the relationship or also the PLANNED sponsorship application?

Thanks again!!