urgent plzz reply (spouse immigration)

[kulwantgill]

plz tell me is there any change or any proposal change in spouse immigration.. plz reply as soon as possible...

 

[amikety]

In March, they changed requirements making Immigration stricter.

http://www.fogartylaw.ca/2011/05/changes-to-family-sponsorship-rules-in-canadian-immigration/

 

[kulwantgill]

In March, they changed requirements making Immigration stricter.

http://www.fogartylaw.ca/2011/05/changes-to-family-sponsorship-rules-in-canadian-immigration/

i heard that they are going to change in the end of this year..is this rumor or true?????

 

[kulwantgill]

In March, they changed requirements making Immigration stricter.

http://www.fogartylaw.ca/2011/05/changes-to-family-sponsorship-rules-in-canadian-immigration/

plzz tell me.. as my bro just land canada 2 months before... the link u send to me says that for new immigrants.. spouse sponsorship may take 5 years.. is this true.. plzz clarify..

 

[chriza]

anybody here who can access cic website today?thanks

 

[kulwantgill]

This is all researchable by going to CIC's website.

www.cic.gc.ca

Immigration times vary by country. It's impossible to give you an estimate without knowing where you are from and how you intend to immigrate. You can go to CIC's website and check the processing times.

http://www.cic.gc.ca/english/information/times/index.asp

Just so you know, your brother most likely cannot sponsor you unless you are under 18 and an orphan. Also, the word is spelled 'please.'

short term of please is plz... hope u understand..
and the answer u gave is not clarified.. i think u didnt understood my question.and the link u send ..anyone can found this link very easily on cic.gc.ca . and here i m posting right answer,...

Someone who was sponsored as a spouse or partner in the past five years cannot sponsor a spouse. this rule apply on those who previously married or partnered? If not the bar doesn't apply.

 

[Phobos]

kulwantgill, Very good question. I am looking for answers to the same. Hope you do not mind if I add some questions of my own.

- Is it possible to have the spouse land in Canada on visit visa, while she is in queue for immigration?
- If an applicant is currently waiting for medical, and he plans for marry in near future. Do you think its better to hurry with the marriage and seek addition of spouse right away? What will the impact on the application (e.g delay, probability of rejection)? Or is it better to apply after securing PR for self first?

If someone can share an ideal scenario for spouse immigration.

 

[kulwantgill]

kulwantgill, Very good question. I am looking for answers to the same. Hope you do not mind if I add some questions of my own.

- Is it possible to have the spouse land in Canada on visit visa, while she is in queue for immigration?
- If an applicant is currently waiting for medical, and he plans for marry in near future. Do you think its better to hurry with the marriage and seek addition of spouse right away? What will the impact on the application (e.g delay, probability of rejection)? Or is it better to apply after securing PR for self first?

If someone can share an ideal scenario for spouse immigration.

hello dear... i got answer for my ques.... here is the answer..
Someone who was sponsored as a spouse or partner in the past five years cannot sponsor a spouse. Was your friend previously married or partnered? If not the bar doesn't apply.

 

[Phobos]

hello dear... i got answer for my ques.... here is the answer..
Someone who was sponsored as a spouse or partner in the past five years cannot sponsor a spouse. Was your friend previously married or partnered? If not the bar doesn't apply.

Thank you. That clears a lot.
The applicant is not sponsored. He is FSW immigrant, whose immigration is still in process past the medical stage and waiting for PPR.

How long does Canada take to process spouse immigration normally? Basically, the applicant has recently got engaged. He wants to know if he should get married now? Will adding spouse at this stage delay his case significantly? or is it better to get PR first and get married later?

 

[kulwantgill]

Thank you. That clears a lot.
The applicant is not sponsored. He is FSW immigrant, whose immigration is still in process past the medical stage and waiting for PPR.

How long does Canada take to process spouse immigration normally? Basically, the applicant has recently got engaged. He wants to know if he should get married now? Will adding spouse at this stage delay his case significantly? or is it better to get PR first and get married later?

haha we have same case..ny bro was fsw.. and he landed on 12 aug 2012..and his fiance is in india..my bro got visa aftr 2 months of medical.. but we will merry him in aug or sep 2013.. i think it will be better to land him and then marry aftr some time..surely they will delay the process..bcz of medicals and other formalities..

 

[Phobos]

haha we have same case..ny bro was fsw.. and he landed on 12 aug 2012..and his fiance is in india..my bro got visa aftr 2 months of medical.. but we will merry him in aug or sep 2013.. i think it will be better to land him and then marry aftr some time..surely they will delay the process..bcz of medicals and other formalities..

Great. That's what I thought so too, but I was a bit skeptical if that is the right decision. Thanks for giving me confidence.

One last query, how long will it take your brother's spouse to immigrate? Have you done any research on what are the usual timeline for spousal migration in Canada? I am asking this because if your brother decides to have a child, I am sure he would want to have a Canadian-born.

Also, while his wife is in immigration queue, will she be allowed if your brother decides to take her to Canada on visit visa?

 

[kulwantgill]

Great. That's what I thought so too, but I was a bit skeptical if that is the right decision. Thanks for giving me confidence.

One last query, how long will it take your brother's spouse to immigrate? Have you done any research on what are the usual timeline for spousal migration in Canada? I am asking this because if your brother decides to have a child, I am sure he would want to have a Canadian-born.

Also, while his wife is in immigration queue, will she be allowed if your brother decides to take her to Canada on visit visa?

it depends on country to country for immigration ... like for india its 9 months.. i dont think so that they will allow u to visit while immigration in process...other seniors knw.. i will pm u a link of senior member who can guide u...

 

[computergeek]

The five year bar is limited to spousal sponsored class applicants. Anyone who landed in an economic class is not impacted by the five year bar.

The purpose of the five year restriction is to prevent "serial sponsorship" where someone is sponsored to come from outside Canada and then leaves their sponsor, divorces (if married), and sponsors someone else from their home country. This type of behaviour has been implicated in a large number of fraud situations. But it only applies to someone who was sponsored as a spouse/partner. It does not apply to someone that immigrated to Canada in a different category (Economic, including skilled worker and CEC, investor, entrepreneur or self-employed, refugee, or even H&C.)

The concern for someone who comes to Canada in an economic class is that a VO will want to confirm that your relationship prior to landing did not qualify. I've seen this trip people up in the past, where they lived with their spouse prior to marriage. Under Canadian law the right to not marry is guaranteed and thus immigration law considers anyone who has lived together for at least a year in a "marriage like" relationship a "common law partner". This seems to cause problems for people coming from countries where this is not the cultural/social norm.

If you have a partner, who later becomes a spouse, and you failed to declare that partner on your application, that partner is expressly excluded from the family class category. That means you can never sponsor them as family - they would have to qualify on their own in a different category.

A common cause for this: someone marries just before landing. They then come to Canada and land. The BSO is very clear on this point. I had to expressly initial the section that said all of my dependents had been declared and examined and that anyone who was not examined was excluded from the family class. Yet people still sign off on this and then try to sponsor their spouse, only to find out they are now ineligible for sponsorship.

Interestingly enough, if you declare a partner and the VO determines your relationship does not qualify as spousal or partner, you could then subsequently sponsor your partner. While this might sound odd, I've seen exactly this situation arise in the past. The exclusion from family class only applies if the VO did not have an opportunity to examine your partner. In that case in point, I suggested the person land and then sponsor their partner afterwards.

As for obtaining a TRV, this seems to depend almost entirely upon the economic situation of the country and the individual. If you're rich, you'll have no problem convincing a VO that you can afford your stay in Canada and will not overstay. If you are from a visa-exempt country, you don't even need to be examined by a VO so you won't generally have a problem. But if you come from a country which is known to have fewer economic opportunities than Canada and you do not have substantial ties (property, work, family) and financial strength (financial assets as well as cash in the bank) the VO seems to be likely to refuse you. In such a case, you will need to wait out the PR process. A PR may visit (generally for less than one month at a time, or the VO may decide you are no longer living in Canada). A citizen may remain with their partner/spouse abroad, as long as the VO believes the intention is to return to Canada.

I hope that this helps. Good luck to all!

 

[kulwantgill]

The five year bar is limited to spousal sponsored class applicants. Anyone who landed in an economic class is not impacted by the five year bar.

The purpose of the five year restriction is to prevent "serial sponsorship" where someone is sponsored to come from outside Canada and then leaves their sponsor, divorces (if married), and sponsors someone else from their home country. This type of behaviour has been implicated in a large number of fraud situations. But it only applies to someone who was sponsored as a spouse/partner. It does not apply to someone that immigrated to Canada in a different category (Economic, including skilled worker and CEC, investor, entrepreneur or self-employed, refugee, or even H&C.)

The concern for someone who comes to Canada in an economic class is that a VO will want to confirm that your relationship prior to landing did not qualify. I've seen this trip people up in the past, where they lived with their spouse prior to marriage. Under Canadian law the right to not marry is guaranteed and thus immigration law considers anyone who has lived together for at least a year in a "marriage like" relationship a "common law partner". This seems to cause problems for people coming from countries where this is not the cultural/social norm.

If you have a partner, who later becomes a spouse, and you failed to declare that partner on your application, that partner is expressly excluded from the family class category. That means you can never sponsor them as family - they would have to qualify on their own in a different category.

A common cause for this: someone marries just before landing. They then come to Canada and land. The BSO is very clear on this point. I had to expressly initial the section that said all of my dependents had been declared and examined and that anyone who was not examined was excluded from the family class. Yet people still sign off on this and then try to sponsor their spouse, only to find out they are now ineligible for sponsorship.

Interestingly enough, if you declare a partner and the VO determines your relationship does not qualify as spousal or partner, you could then subsequently sponsor your partner. While this might sound odd, I've seen exactly this situation arise in the past. The exclusion from family class only applies if the VO did not have an opportunity to examine your partner. In that case in point, I suggested the person land and then sponsor their partner afterwards.

As for obtaining a TRV, this seems to depend almost entirely upon the economic situation of the country and the individual. If you're rich, you'll have no problem convincing a VO that you can afford your stay in Canada and will not overstay. If you are from a visa-exempt country, you don't even need to be examined by a VO so you won't generally have a problem. But if you come from a country which is known to have fewer economic opportunities than Canada and you do not have substantial ties (property, work, family) and financial strength (financial assets as well as cash in the bank) the VO seems to be likely to refuse you. In such a case, you will need to wait out the PR process. A PR may visit (generally for less than one month at a time, or the VO may decide you are no longer living in Canada). A citizen may remain with their partner/spouse abroad, as long as the VO believes the intention is to return to Canada.

I hope that this helps. Good luck to all!

greatttt..thanx a lot sir

 

[computergeek]

greatttt..thanx a lot sir

There is a new restriction that will be forthcoming (I saw Kenney on the news last night stating it would be within the next few weeks) that says a sponsored spouse must remain in the relationship for at least two years - thus, the PR becomes a "conditional PR".

See: http://www.cic.gc.ca/EnGLIsh/department/media/releases/2012/2012-03-09.asp

Here is the original press release on the five year spousal sponsorship bar: http://www.cic.gc.ca/EnGLIsh/department/media/releases/2012/2012-03-02.asp