Spousal sponsorship

[disisme]

dear all,
I got married in december'11 with a canadian czn in India and we filed the papers outside canada on 27 dec. I am here on a PGWP expiring on 7 march,2012. My employer is not willing to get my LMO and it would be difficult to stay on a visitor visa bcoz I ll not able to work. My question is, can I file a work extn on the basis of the fact that I got married to a canadian citizen and already filed a PR ?

if yes, what docs will be needed

I really want to save my job. How can I buy time!!

seniors, pls help

thanks in advance

[chelseaviel]

hi, I'm really new here, i'm from manila philippines and my husband is a permanent resident in Canada.

The time that we had been together is really short, will it affect our application?

Really need responses!

Thanks!

Scenario:
Me and my husband just got married last Oct. 15, 2011. I already sent to him the application formsand the other documents as proof of our relationship. Me & my husband were classmates during our sophomore yr. in highschool, after we graduated yr.1997 we've not seen each other again, until we got reconnected after 14yrs. thru facebook dec. 2010, after chatting and updating, we fell inlove with each other & decided to be in a long-distance relationship end of Jan.2011, everyday chatting & also seeing each other thru skype,  & also made our relationship known to our family and friends, knowing that we really love each other & realizing that we both want to settle down & have our own family we decided to get married jul. 2011 but we realized that the time was short for us to prepare for our wedding coz we want family & friends to celebrate with us, we moved it to Oct.15. he arrived Oct.2, from the time he arrived we went out & do the other things needed for our wedding, Oct. 5 we had our Pre-nuptial pictorial, and for the rest of the 2weeks before the day of our wedding had dinners with our God Parents and distributed our invitations to our family relatives and friends, and we also took a pre-marriage couseling/seminar conducted by our church because its a Christian wedding & its our church requirement as well. After the wedding some more dinners with family and relatives, then Oct.18-22 we went to Boracay for our Honeymoon, then when we came back from our honeymoon. we had more of family get-togethers from both of our families. Nov. 4,2011 he went back to canada and now we are fixing our papers. i would like to know of what you think of our chances? I miss him so much, 1month and 1week of being together is not even closer to being enough... i really want us to be together... hope you can help me and give me some encouragement. thanks! God bless us all!

Hi Nayakae:)

We both have almost the same situation. Me and my husband is having a long distance relationship too and until now we are in a long distance since we have not finish the papers yet. By the way I'm a filipina I understand how hard it is for you and I dont see any problems with the duration of time you have been with your husband as long as you meet the requirements for the sponsorship and you prove that your relationship is genuine. We just really need to be patient and be positive always. God bless us all!

[nayakae]

hi Chelseaviel, thanks its nice to have support from other people, good to know we are on the same page. if you don't mind how long is your relationship before you got married? and how long have you been married now? actually i already sent the forms thru FedEx, he is expecting it tuesday Jan 17, canadian time. I stand and believe with you that everything that concerns with our papers will be well & good.  btw, i'm a filipina as well... 

[koala18]

They aren't exactly waved but there are no specific requirements.  That means that they will not tell him he must make $x per year but you could still be denied if it looks like he is making no money at all and once you arrive, you would both be on welfare.  Therefore, he should give them last years tax return if he has one and if he just started work he can get a letter from his employer stating that he is employed there since date x and makes $x per hour/month and he can include copies of his last 3 pay slips.

Thank you very much Leon!
He has tax return in australia since he stayed and worked there for 6 months last year. would this be acceptable? But thank you very much for letting me know that he can just submit a Certificate of Employment and indicate the salary he has even if he just started. Will a letter from his parents saying that we can stay in their house for the time being also help?

You can file outland while you are in Canada visiting or you can apply outland and visit Canada during your processing if you have/get a TRV.  However, TRV's are often denied for visiting spouses due to perceived risk of overstay.  If you want to stay longer than 6 months and your processing is ongoing, you can apply to extend your visit status from inside Canada.  Just tell them that you are waiting for your outland, show funds or a letter from your spouse along with pay slips saying they will support you and show that you have travel insurance in case you get sick or have an accident.

I currently have a multiple-entry TRV. I went to Canada over the holidays and stayed for a month. I am assuming I can still use my current TRV to go there when we file outland? How long does one can stay in Canada under a multiple-entry TRV? Is it 6 months? They didn't stamp my passport with the date I am allowed to stay when I arrived there. Is it easy to get an extension of TRV?

If I file outland while in Canada visiting or apply outland and visit Canada and wait for the result there, do I need to go back to the Philippines once I get the PR visa from the Canadian Embassy in the Philippines? I am assuming they would contact me and ask me to send my passport for visa stamping. Can that be done while still in Canada or when that happens, need to go back to PH and submit my passport?

If you get a TRV, you can marry in Canada and then apply outland and then you can either leave or stay depending on what you want.

Again, thank you very much Leon! This is greatly appreciated! I hope you won't get tired answering our questions!

[Leon]

He has tax return in australia since he stayed and worked there for 6 months last year. would this be acceptable? But thank you very much for letting me know that he can just submit a Certificate of Employment and indicate the salary he has even if he just started. Will a letter from his parents saying that we can stay in their house for the time being also help?

He can explain that he doesn't have a Canadian tax return from last year because he was in Australia and send the one from there.  He can include a letter from his parents.  It will not hurt.

I currently have a multiple-entry TRV. I went to Canada over the holidays and stayed for a month. I am assuming I can still use my current TRV to go there when we file outland? How long does one can stay in Canada under a multiple-entry TRV? Is it 6 months? They didn't stamp my passport with the date I am allowed to stay when I arrived there. Is it easy to get an extension of TRV?

Yes, you can continue to use your TRV as long as it is valid.  Unless you are told different when you enter, each visit can be up to 6 months.  If you are applying outland and are in Canada, you will most likely be approved to extend.  Especially if you cover their worry points like showing that you have funds to stay in Canada without working and that you have emergency insurance.

If I file outland while in Canada visiting or apply outland and visit Canada and wait for the result there, do I need to go back to the Philippines once I get the PR visa from the Canadian Embassy in the Philippines? I am assuming they would contact me and ask me to send my passport for visa stamping. Can that be done while still in Canada or when that happens, need to go back to PH and submit my passport?

You can mail your passport to the visa office for the visa stamping and it will be mailed back to you.  Once you have your passport back, you can either book an appointment to land at a visa office in your town in Canada or you can leave Canada and come back.  If you make an appointment to land, you may have to wait for a few weeks.  Many land at the US border instead.  If you do not have a US visa, you can still do it.  You would leave Canada and as you come to the US border, you can tell them you do not have a US visa and do not wish to enter as you have only come to take care of immigration business on the Canadian side.  They will then turn you around and you go back to Canada and land.

[joshuacv]

1. If you apply as spouses, there is no cohabitation requirement, if you want to apply common-law, you must prove 12 months of continuous cohabitation.  That 4-5 months break for her to go home would be considered too long a break, so you would have to restart the clock on cohabitation.

2. Apply Outland.  She can remain in Canada as a visitor, she is visa-exempt coming from Japan, and Tokyo's timeline is about 8 months.  Inland would mean she could not leave Canada, and it would take 10-11 months just for first stage approval.  There would be no advantages to be gained for her to apply Inland.

3. Yes, you may apply immediately after marrying, and as I said Tokyo takes an average of 8 months for 80% of cases.  She would be able to work immediately on receiving PR, yes.

4. Immigration-wise? None.  Each has their respective requirements that must be met, and each has pros and cons.

So it looks like we should get married before she leaves and apply outland.

She is concerned about her name change etc for passport reasons. If we get married shortly before she leaves for Japan, will it cause her documentation issues?

How do we start with the outland process? Is that something she does when she arrives in Japan? Any info on this would be appreciated.

If she leaves for 5 months can she return while we are waiting for it to be approved?

Thanks again!

[Shom]

Hello, I'm new here and don't know if I'm asking this question in the right place.

My girlfriend (Canadian citizen) is sponsoring me to move to Canada and we're at the beginning the process. I'm filling in forms at the moment and I'm wondering about the tone I use when answering questions. When expanding on my answers should I keep solely to the facts of our meetings and time together, or is it OK to speak from the heart and let it show how I feel about her?

Thanks for any help:)

[khakalove]

Hi leon and other members,
i have sponsored my husband,he is from uk, we are now living in Canada, he became a pr on 2nd of nov 2011 ,
now a days we are suffering with ,some personnel social problems , is that possible for my husband if he would apply
for social assistance,i know i have sponsored him according imm undertaking,for 3 year,s as well, we have a baby as well,
 so if he applies then what the problems he could be face , or my self could be face    or another question is that, can i only my self
can apply for social. me and my son except my husband are Canadian citizens plz advise.

[scylla]

Hi leon and other members,
i have sponsored my husband,he is from uk, we are now living in Canada, he became a pr on 2nd of nov 2011 ,
now a days we are suffering with ,some personnel social problems , is that possible for my husband if he would apply
for social assistance,i know i have sponsored him according imm undertaking,for 3 year,s as well, we have a baby as well,
 so if he applies then what the problems he could be face , or my self could be face    or another question is that, can i only my self
can apply for social. me and my son except my husband are Canadian citizens plz advise.

If your husband applies for social assistance, you will have to pay the government back for any money he receives during the three years after his landing.

You can apply for social assistance without any problem.

[CharlieD10]

So it looks like we should get married before she leaves and apply outland.

She is concerned about her name change etc for passport reasons. If we get married shortly before she leaves for Japan, will it cause her documentation issues?

How do we start with the outland process? Is that something she does when she arrives in Japan? Any info on this would be appreciated.

If she leaves for 5 months can she return while we are waiting for it to be approved?

Thanks again!

1. She can change her documents after applying but before receiving her PR card, that's not an issue (I did.)

2. You start by reading here regarding the forms and documents needed: http://www.cic.gc.ca/english/information/applications/fc.asp. She may need to do some of it in Japan, like obtain her police record, but everything is compiled and sent to the Case Processing Centre in Mississauga.

3. Yes.  She can come back, bringing with her any proof that you have already started the process and request to stay as a visitor while the process continues (proof = receipt for payment of fees, your approval letter to sponsor if already received).

[khakalove]

Hi scylla , thanks for reply,

[khakalove]

plz more reply need,,,

Hi leon and other members,
i have sponsored my husband,he is from uk, we are now living in Canada, he became a pr on 2nd of nov 2011 ,
now a days we are suffering with ,some personnel social problems , is that possible for my husband if he would apply
for social assistance,i know i have sponsored him according imm undertaking,for 3 year,s as well, we have a baby as well,
 so if he applies then what the problems he could be face , or my self could be face    or another question is that, can i only my self
can apply for social. me and my son except my husband are Canadian citizens plz advise.

[xianjw]

Hi All,

I'm a UK citizen that's been in a relationship with a Canadian for a little over two years now and we are having a child together; due April. Up to now I've just be coming in and out of Canada on Visitor Visas and have pretty much got away with it without too much hassle. I work remotely so I'm not technically working here. But I've been told to get my house in order by the immigration department.

So do I apply inland or outland? I have the choice. I've read Leon's extremely useful summary, so outland seems quicker and more flexible given my comings and goings. But the idea of having to head over to London for interview at short notice or courier my passport there, would be a pretty big and expensive pain, so am I better off applying inland?

Thanks in advance for any replies.
Xian.

[scylla]

Hi All,

I'm a UK citizen that's been in a relationship with a Canadian for a little over two years now and we are having a child together; due April. Up to now I've just be coming in and out of Canada on Visitor Visas and have pretty much got away with it without too much hassle. I work remotely so I'm not technically working here. But I've been told to get my house in order by the immigration department.

So do I apply inland or outland? I have the choice. I've read Leon's extremely useful summary, so outland seems quicker and more flexible given my comings and goings. But the idea of having to head over to London for interview at short notice or courier my passport there, would be a pretty big and expensive pain, so am I better off applying inland?

Thanks in advance for any replies.
Xian.

I would apply outland without question. You could be done in as little as three months. If you apply inland, you're looking at a year minimum (possibly significantly longer). If you put together a good (complete) application with lots of supporting documentation - chances are you won't need an interview (interviews typically aren't required and usually are only called if they suspect the relationship isn't genuine). And sending your passport by courier really isn't that expensive. Again, I'd do outland.

[chelseaviel]

hi Chelseaviel, thanks its nice to have support from other people, good to know we are on the same page. if you don't mind how long is your relationship before you got married? and how long have you been married now? actually i already sent the forms thru FedEx, he is expecting it tuesday Jan 17, canadian time. I stand and believe with you that everything that concerns with our papers will be well & good.  btw, i'm a filipina as well... 

It's almost two years When we met in person we decided to get married. I actually send my papers already to my husband unfortunately my medical is yet to be done this Jan 30 so probably by Feb we can send it to CIC for processing.