Spousal sponsorship

[nkavargas]

Im from Mexico and my Hubby is from toronto we got married in March this year we been throught this :

we sent the application to CIC MISSAUSAGA :12 april 2010
Med`s done : march 24 ( we submitted with application)
CIC Misgisaga approved : may 22 2010
Sent to and received Mx embassy: june 2nd
Request for more information : July 5 2010
Request for Payment and police record: July 15
criminal record sent: Aug 2nd

now we are very confused about the time left , some people say that the police is the last thing they ask because we already pay  (also they make police investigation the goverment of canada dunno how much it takes).. now its been two months so far and we havent heard from them  . please anyone have an idea if its the last thing? like how much time is left?  i appreciate your answer  the waiting for this process to be over is so hard


thanks for your answer

[bandm]

Hi Leon, as you seem to know a lot about this kind of immigration matter I would like to ask you for your help.
I applied last year August for the permanent resident status in the common-law class and got refused. I t says I have to leave Canada at the end of October. Now my question, would it change anything if we get married in the mean time and is there a way to appeal although it's an inland application? My bf is Canadian and I am German citizen. thank you in advance

[Leon]

What was the basis of the denial?  If they denied you based on lack of proof that you have lived together for 12 months, then you could either get married or try to show more proof that you have lived together for 12 months.  If they denied you for some other reason, for example because the sponsor was not accepted, you will have to work on fixing that before applying again.  There is no appeal for inland but you can apply again as far as I know.  However, if you don't fix what caused you to be denied the first time, it's kind of pointless to try it again.  You could also apply outland.

[bandm]

so basically we have to get married and I have to apply again ... can you tell me if I have to leave Canada as they set a date when I have to leave even if we get married in the mean time and I apply again under spouse class? And why can't I stay for 6 months as I have the German citizenship??? I don't get it

[bandm]

now we meet those minimum 12 months living together underneath one roof requirements, but I guess it would still be better to be married. Now, if I go back to Germany and apply there it will be processed faster, but can I still come over here and stay longer than one moth at the time???

[Leon]

I suppose if you applied inland, you have already stayed in Canada longer than 6 months.  If they give you a date that you must leave by, you must leave then unless you want all kinds of other problems like being deported and possibly banned from Canada for 2 years.  Your only option to stay it to apply for some other kind of visa before then.

So you are saying you meet the 12 months requirement of living together now but you did not at the time you applied?  If that is the case, no wonder your application was denied.  If you get married and apply again for inland or apply for outland, you can send in a visit visa extension request.  Until they get back to you on that, you can stay and it takes a couple of months to process (that is the visit visa extension).  However, if you had already applied for a visit visa extension and been denied, then you should leave.

Do you qualify for the German working holiday visa?  If you do, they are opening that program in November.  You can go back to Germany, apply for that visa and come back to Canada in January 2011.  See http://www.canadainternational.gc.ca/germany-allemagne/youth-jeunesse/index.aspx?lang=deu&menu_id=75&menu=L for more info.

[bandm]

I once applied last year for an extension, but did not recieve a letter about it, so I left Canada before my extended stay would have expired and was away for 4 months, got back september 14th and now told that my application is denied. So I don't really know what to do, because the law says you have the right to remain for 6 months as a visitor. Guess we have to get a lawyer anyway.

[Gaoshang Xiongshou]

My wife in Canada is going to apply for the Family Sponsorship, for spouse. Here I am in the U.S. She has informed me that I am going to need to complete some forms on this end and send to her. So, what do I need to complete exactly? If someone could kindly tell me what I need, I will print them out if available online, and get everything to her immediately. Thank you.

[MandiF]

My wife in Canada is going to apply for the Family Sponsorship, for spouse. Here I am in the U.S. She has informed me that I am going to need to complete some forms on this end and send to her. So, what do I need to complete exactly? If someone could kindly tell me what I need, I will print them out if available online, and get everything to her immediately. Thank you.

If you read the very first post in this thread it will really give you the information you need.

[sweetypie]

hi leon,
i need your help as have got few questions.
when paying the sponsorship fee to mississauga my husband did not pay our daughter's PRF as he thought she is less than 5 years so she doesnt have to pay the 490$.later on he did pay because he realised that he is maybe wrong(he made the payment after being approved by mississauga).i would like to know if he has to send the receipt to mississauga or would they match the payment to his client ID?
also i would like to know if it is possible to send directly a copy of my csq to the embassy since they wont start process my PR before receiving the letter from micc.thanks.

[Leon]

Dependent children do not need to pay the right of permanent resident fee, see http://www.cic.gc.ca/english//information/fees/fees.asp#rprf  He should send his receipt to Mississauga to link to his application and to ask for a refund because he should not have paid it.

As for the CSQ, do you have it or can you get it?  If yes, then you can certainly send a copy of it to the embassy.

[sweetypie]

thanks ever so much leon i realy appreciate.ok i will inform my husband.someone will be happy to have a refund.

[Esther2010]

Hi Leon

I have some issue here, i am currently have a pending application under Federal Skilled Worker category as Accountant received by NS June 21, which is before the change took place.  Up to now i haven't receive any response and even no charges yet from my AMEX credit card.   For now my annulment case is on last stage just 3 more hearings..... my question is, if in case my application for Skilled Worker (Permanent Residency) get denied and then i will apply for spousal (as back up plan after annument and get married with my Canadian partner),  will i have a problem with my spousal application? what i mean is will the skilled worker application complicate the spousal? 

Thank you for any advice....

[rjessome]

Hi Leon

I have some issue here, i am currently have a pending application under Federal Skilled Worker category as Accountant received by NS June 21, which is before the change took place.  Up to now i haven't receive any response and even no charges yet from my AMEX credit card.   For now my annulment case is on last stage just 3 more hearings..... my question is, if in case my application for Skilled Worker (Permanent Residency) get denied and then i will apply for spousal (as back up plan after annument and get married with my Canadian partner),  will i have a problem with my spousal application? what i mean is will the skilled worker application complicate the spousal? 

Thank you for any advice....

No, it won't complicate the spousal application.  However, you must ensure that your provide sufficient proof of your relationship for the spousal.  And regarding NS, they won't respond to your enquiries.  They are only now starting to issue decisions for applications sent in April and May.  It could be another month or 2 before you hear from them regarding the FSW application.

[sgnv]

Hi Leon, as you seem to know a lot about this kind of immigration matter I would like to ask you for your help.
I applied last year August for the permanent resident status in the common-law class and got refused. I t says I have to leave Canada at the end of October. Now my question, would it change anything if we get married in the mean time and is there a way to appeal although it's an inland application? My bf is Canadian and I am German citizen. thank you in advance

I'd suggest you to request for a visitors visa extension and explain that you are here with your partner who is Canadian citizen, at least you'll gain some time while your application for extension is in process; in the meantime if you want to get married here in Canada, you may be able to apply for PR outside Canada by sending your application to Buffalo instead of Vegreville, your case may be referred to the Canadian Embassy in Germany.

Or you can try to apply again under the Family common-law and send your visitor visa extension together, and send everything to Buffalo, but you kind of need to do it ASAP before you run out of status here in Canada.

I believe you cannot appeal for a decision made on Inland Applications, but better to double check with an Immigration Lawyer or with someone who has gone through the same situation.