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May 28, 2012, 08:37:45 am
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Author Topic: fastest way to sponsor a boyfriend from the philippines  (Read 832 times)
sthomas
Hero Member
*****

Posts: 499
Ratings: +3
Category........: FAM
App. Filed.......: 18 May 2011
AOR Received.: 5 August 2011
File Transfer...: 21 June 2011
Med's Done....: 05 April 2011
Passport Req..: 27 July 2011 (Passport & Appendix A)
VISA ISSUED...: 22 August 2011
LANDED..........: 19 September 2011

« Reply #15 on: August 28, 2011, 06:49:11 pm »

Hmmmmm ... I agree it would be very hard to hide the fact that they were living together. So all of you are right, better be honest from the very start.

A highschool classmate of mine got married to her long time bf a few weeks before she left Canada and never declared her husband. The time comes she already have her PR and able to sponsor her husband, they were denied twice ( one under HC something). That is pretty tough. So DJCT, better do things you needed to do before you leave. Smiley Good luck Smiley

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CharlieD10
VIP Member
*******

Posts: 4655
Ratings: +130
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: ?

« Reply #16 on: August 28, 2011, 06:58:45 pm »

Hmmmmm ... I agree it would be very hard to hide the fact that they were living together. So all of you are right, better be honest from the very start.

A highschool classmate of mine got married to her long time bf a few weeks before she left Canada and never declared her husband. The time comes she already have her PR and able to sponsor her husband, they were denied twice ( one under HC something). That is pretty tough. So DJCT, better do things you needed to do before you leave. Smiley Good luck Smiley



Because Section 117(9)(d) bars undeclared spouses, children and relatives from being considered members of the family class, a humanitarian and compassionate application automatically fails for lack of jurisdiction.  An appeal judge may not consider H&C grounds for a case like this, because the applicant is not a member of the family class.  This is one of the most rigidly applied sections I have seen in all my reading on CanLII, if I've read 100 cases under this section, I have not seen 5 of them allowed on appeal.

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http://tinyurl.com/Kingston-Jamaica

Spreadsheet for KG applications status since 2008.
sthomas
Hero Member
*****

Posts: 499
Ratings: +3
Category........: FAM
App. Filed.......: 18 May 2011
AOR Received.: 5 August 2011
File Transfer...: 21 June 2011
Med's Done....: 05 April 2011
Passport Req..: 27 July 2011 (Passport & Appendix A)
VISA ISSUED...: 22 August 2011
LANDED..........: 19 September 2011

« Reply #17 on: August 28, 2011, 07:12:58 pm »

Because Section 117(9)(d) bars undeclared spouses, children and relatives from being considered members of the family class, a humanitarian and compassionate application automatically fails for lack of jurisdiction.  An appeal judge may not consider H&C grounds for a case like this, because the applicant is not a member of the family class.  This is one of the most rigidly applied sections I have seen in all my reading on CanLII, if I've read 100 cases under this section, I have not seen 5 of them allowed on appeal.



Wow, now I feel bad for my classmate. She mentioned that she will just let her husband apply for TRV. Do you think her husband will be given the tourist visa??
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CharlieD10
VIP Member
*******

Posts: 4655
Ratings: +130
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: ?

« Reply #18 on: August 28, 2011, 07:22:30 pm »

Honestly, it would take an extremely strong application for him to be allowed a TRV.  Remember that non-visa-exempt spouses are automatically considered "high risk" for over-staying, and the threshold of proof required to overcome a Canadian PR/citizen spouse is therefore set VERY HIGH for those of us in this category.

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http://tinyurl.com/Kingston-Jamaica

Spreadsheet for KG applications status since 2008.
canadianwoman
Champion Member
******

Posts: 2841
Ratings: +88
Category........: FAM
Visa Office......: Accra, Ghana
App. Filed.......: 30-01-2008
Interview........: 05-05-2009

« Reply #19 on: August 29, 2011, 06:25:05 pm »

Wow, now I feel bad for my classmate. She mentioned that she will just let her husband apply for TRV. Do you think her husband will be given the tourist visa??

He has no chance - after a failed PR application as a spouse and a refused appeal.
He should try to find ways to immigrate to Canada on his own if they want to be together in Canada: a FSW or entrepreneur application, for example.
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