Spousal sponsorship

[Leon]

Leon waiting for your valuable comments and other senior members suggestion in this regard

If you are a PR, you must be residing in Canada in order to sponsor anybody. It is therefore not advisable that you take vacations outside Canada for more than a month. Of course, and some people might reply saying that, you can be resident in Canada and still leave Canada for more than a month but still, if they find out you are gone, they can cancel your application and you will have to appeal their decision which will take you longer and cause unnecessary headaches. Therefore, take one month only and make sure that you have someone going to your apartment every day to check your answering machine and pick up your mail in case they try to contact you during that time.

 

[CandyB]

Hello All! I am obviously a newbie here but I've been reading practically everything I can find on several websites in order to get a better grasp on what to expect during this whole immigration process.

For a bit of background, I am sponsoring my husband who is from St. Vincent;
Application was received at CPC-Mississauga in February 2011
Sent to POS in March 2011
Interview Req in July 2011 (scheduled for Sept 2011)

My concern now is that POS is requesting a criminal record search again (because the original is expired now); but, my hubby isn't in Vincy anymore. He is in another country staying with his family and will remain there for the rest of the application period. Unfortunately, his sister recently went to Vincy and tried to request the criminal on his behalf, but was told she needed a set of fingerprints from my hubby, along with what she already has. That he didn't do.

If we are unable to obtain the criminal record search before the interview date, would it be advisable to bring a criminal search from the country he is in right now in its place and just explain why we couldn't get one from St Vincent? Or should we attempt to move heaven and earth to ensure we have exactly what they've requested?

 

[CharlieD10]

You need to do exactly as they have requested, get the new search done in St. Vincent, and to forestall any issues, get one from the country where he is living now, especially if he has been there going on 6 months. He should be able to get his fingerprints done at a police station wherever he is.

 

[Hot-Lier]

So regardless of a sponsor ! How long a PR Could stay maximum outside of Canada to maintain his Residency.

 

[Leon]

So regardless of a sponsor ! How long a PR Could stay maximum outside of Canada to maintain his Residency.

The PR residency requirements state that you can be outside Canada for up to 3 years in a 5 year period and still maintain your PR status but nobody will actually consider that you are resident in a country if you are not living there for 3 years. For health insurance and tax purposes, it is usually that you are in Canada for 6 months a year or more.

However, immigration has been known to cancel sponsorship on people if they find out that the sponsor is not staying in Canada, even if they had not been outside Canada for very long. The rules regarding sponsorship state that a PR must be residing in Canada in order to sponsor. You can say that you were only taking a vacation but remember that vacations in Canada are generally only 2 to 3 weeks per year. If you risk a longer vacation and don't get caught, fine. If you risk it and get caught and they cancel your application, you might win an appeal but it will greatly lengthen your processing time and cause you some stress.

 

[TableView]

Hi all.

I've gone through the INCREDIBLE amount of info in this thread (I can't begin to sufficiently thank whoever set this site up)...actually I got through 20 pages, gave up and decided to post because our situation seems to be at least a little unique. Here's the high-level description:

Met pretty American girl a couple of years ago while flying home to visit family (I was living abroad, but am Canadian).
Flew back and forth a few times. She came to live with me abroad. She got sick, had to come back to the American medical system.
I moved home to Toronto to be with her 6 months later (she lives in Rochester - we've done a lot of border hopping).
Got engaged and had planned to get married next year.
She got accepted at U of T this year, and we realized that if we were already married, we'd save about $30,000 on her tuition.
Off to city hall in Toronto!
Married (parents were there, totally legit, nothing shady about it) earlier this month.
She'll get a permit/temp residency as a U of T student that lets her into the country for her studies.

SO....now we're looking at permanent residency, and my questions are as follows:
1. Am I correct in assuming we'll have to apply 'inland' because she's a student living in Canada for the next 18 months (master program)?
2. Does this mean she can't go home to visit her folks? That wouldn't fly with her mom, who scares me in ways I can't describe.
3. If she DOES have to stay in Canada until it's all settled...is it really 18 months?
4. Is there any way to expedite things given that she'll have her study permit thingamajig (I can't believe spell-check recognizes thingamajig)?
5. I mentioned earlier that she's 'sick' - it's as of yet undiagnosed (American medical system likes throwing pills at symptoms instead of finding solutions), but requires a lot of pain management. This requires her going back to Rochester to get her pills using her parents' medical insurance (thank God for Obama) - is this travel going to be impossible if we apply inland, and is her condition going to create a problem with our application?
6. About 5 years ago, I got divorced and trusted my ex to pay some bills she said she would. She didn't, and I didn't find out until years later (I was in deepest darkest Africa). I'm not a deadbeat, but I don't have the cash to pay them off now. There are no legal proceedings against me (it wasn't a massive amount of money - likely not worth it for the bank to pursue it), but is it possible that it could impact my eligibility as a sponsor?

I realize a couple of these are stupid questions, but I want nothing more than for this to be done and for us to be able to be together in Canada (until she's all fixed up, educated, and we can head off to Africa again). Any help you can provide would be appreciated.

Again, incredible thanks to whoever set up this forum. In the absence of clear information from the government, it's a truly wonderful resource.

Cheers,
TableView

 

[CharlieD10]

1) Your assumption is incorrect. You do NOT have to apply Inland just because she's in Canada. For most cases, especially for Americans, Outland is faster, plus it preserves your right to appeal and your application is not jeopardised by travel out of the country if it becomes necessary. You can apply through Buffalo.

2) See above. However, yes, Inland applicants are recommended to remain in-country, as this is the basis on which their application is accepted at the processing office handling such cases, and if for any reason the applicant cannot return, the application is dead in the water.

3) See 1) above, again. However, yes, Inland can take as much as 18 months or more. For straightforward cases, many persons are getting first stage approval and PR together recently, so minimum of 10 months.

4) No, one status does not give priority over others in the processing of spousal cases. However, Buffalo is averaging 11 months for 80% of cases, although some Feb, Mar and Apr 2011 applicants are receiving PR already from that office (4-6 months).

5) If she has to go back and forth often, border officials MAY get testy. It is essential to have proof of her status (student ID etc) and of the spousal application in process when she travels (copy of receipt, copy of sponsor approval letter). It's not for certain they will hassle her, given she already has student status, but better safe to make no assumptions and be prepared.

Spousal applicants are exempt from the "excessive medical demand" clause, therefore your application cannot be denied on medical grounds.

6) As long as you are not an undischarged bankrupt, or in receipt of social assistance for reasons other than disability, financial matters do not impact your eligibility. With no legal proceedings, I cannot foresee this being an issue.

"He who asks a question is a fool for 5 minutes. He who never asks a question is a fool forever." - Chinese proverb. Ask away, that's why people are here, to help if they can.

P.S. A permanent resident is required to reside in Canada 730 days out of every 5 year period (on a rolling basis). Remember that when your wife has PR and you are off in Africa, so she doesn't run afoul of the residency requirement.

 

[Leon]

SO....now we're looking at permanent residency, and my questions are as follows:
1. Am I correct in assuming we'll have to apply 'inland' because she's a student living in Canada for the next 18 months (master program)?

No, you are allowed to apply outland even though she is in Canada and it is also a lot faster for you.

2. Does this mean she can't go home to visit her folks? That wouldn't fly with her mom, who scares me in ways I can't describe.

If you did apply inland, which you don't have to, then she would be advised not to travel while it is in process because if for any reason she is refused entry, she would lose her application.

3. If she DOES have to stay in Canada until it's all settled...is it really 18 months?

See 2 and yes, it is really 18 months for inland in many cases. That is probably the average. Some get it faster though but some also get it slower.

4. Is there any way to expedite things given that she'll have her study permit thingamajig (I can't believe spell-check recognizes thingamajig)?

No, having a study permit doesn't expedite being sponsored for PR.

5. I mentioned earlier that she's 'sick' - it's as of yet undiagnosed (American medical system likes throwing pills at symptoms instead of finding solutions), but requires a lot of pain management. This requires her going back to Rochester to get her pills using her parents' medical insurance (thank God for Obama) - is this travel going to be impossible if we apply inland, and is her condition going to create a problem with our application?

Since you don't have to apply inland, blah blah blah and no, her condition will not be a problem for immigration because although there is such a think as an excessive demand clause, that is automatic refusal for people with bad illnesses that cost them a lot of money, spouses are exempt from that clause. The only thing that might come up during medicals and be a problem is if she has something contagious and dangerous to public health in Canada which I am sure she doesn't.

6. About 5 years ago, I got divorced and trusted my ex to pay some bills she said she would. She didn't, and I didn't find out until years later (I was in deepest darkest Africa). I'm not a deadbeat, but I don't have the cash to pay them off now. There are no legal proceedings against me (it wasn't a massive amount of money - likely not worth it for the bank to pursue it), but is it possible that it could impact my eligibility as a sponsor?

It would only affect your ability to sponsor if you were in active bankruptcy. Even if you had become bankrupt but had been released from it, it would not be a problem and if you just have debts, not a problem.

 

[katherine]

I am an american applying inland but when I entered canada I came through land crossing (Peace Arch). They don't stamp your passport when you enter Canada so how do I show proof of my most recent entry into Canada?? Greatly appreciate it if anyone knows!
thanks!!!

 

[henryocana]

hi everyone,

good day! im from the philippines and my wife is in canada and we just recently married last july 2011. i just want to ask some question.

my wife entered to canada as live-in caregiver for 2 years now and she want us to apply for PR now. my question is can she send now our application for PR though she doesnt have yet her PR there in canada? im newbie! thanks so much!

 

[Leon]

hi everyone,

good day! im from the philippines and my wife is in canada and we just recently married last july 2011. i just want to ask some question.

my wife entered to canada as live-in caregiver for 2 years now and she want us to apply for PR now. my question is can she send now our application for PR though she doesnt have yet her PR there in canada? im newbie! thanks so much!

Your wife must apply for your PR at the same time she applies for her own. If you have children, they also have to be included. This is not really spousal sponsorship. It is a PR application for a live-in caregiver + spouse.

 

[student123]

I am basically a pakistani national but living in Saudia Arabia so from which immigiration office we should apply Pakistan or Saudia Arabia...

 

[henryocana]

Your wife must apply for your PR at the same time she applies for her own. If you have children, they also have to be included. This is not really spousal sponsorship. It is a PR application for a live-in caregiver + spouse.

thank you so much leon.

 

[henryocana]

Your wife must apply for your PR at the same time she applies for her own. If you have children, they also have to be included. This is not really spousal sponsorship. It is a PR application for a live-in caregiver + spouse.

thanks LEON. one more thing can you give me some timeline of the application and links of documents needed for the application
you are really a big help man! THANKS IN ADVANCE.

 

[TableView]

Folks, if I could hug each and every one of you, I would. My wife would do the same (which is admittedly a bit more appealing).

Thanks so much for the amazingly prompt reply, and for the info (without slapping around the new guy). We're going to get going on this ASAP, and I"ll be sure to follow up with any relevant experiences that might be of value to the forum. Again, thanks.