Spousal sponsorship

[Ofghenein]

My only sister and her husband are Canadians, my father and mother are Canadians too. I am 45 yrs. old with a wife and 2 daughters. I have a Mini MBA in Marketing, my wife Bsc in Commerce.
Do we qualify for immigration ?
Can my parents sponsor me ? They don't have income but have assets over 300K Can$

[Leon]

My only sister and her husband are Canadians, my father and mother are Canadians too. I am 45 yrs. old with a wife and 2 daughters. I have a Mini MBA in Marketing, my wife Bsc in Commerce.
Do we qualify for immigration ?
Can my parents sponsor me ? They don't have income but have assets over 300K Can$

If your parents, sister or sisters grown kids are living in Manitoba or Saskatchewan and have lived there for one year, they could sponsor you under PNP family stream.  Otherwise, you'd have to qualify to immigrate on your own but if they can help you get a job offer, that could help.

[KOUKLA75]

Hi!

I'm new and I stumbled on the forum just now after days of trying to get some info! (Leon I landed on your replies, tried to add you as a buddy cos you seem to know your way around but I don't know how this buddy thing works and I cannot PM u  )

Here is my case...

and its complicated...!

I have been living in Greece for a while (I am Greek-Canadian born and raised in Mtl)

I want to return and want to sponsor my Boyfriend, we have been residing together over 3 yrs.

He is not Greek, he is Albanian, but living in Greece. After days of Google-ing I cannot find the exact detailed info I need and I'm getting freaked out and stressed!

1. I don't live in Canada "now" so I don't have a job "now" in order to show I have $ to support him(I have a place to stay there at my parents- for both of us)

2.  Visas to Canada for Albanians are done in Italy (from what I read), I contacted them by email and they said they cannot reply individually to all emails. OK

3. My questions: How does he get a Visa? If he does can we both leave for Canada and do the sponsorship with him living there with me? ( I won't obviously have any income for the last year.. showing) If he gets a Visa how long does the actual Tourist./ Visitor Visa last?( I THINK 6mths) can he renew it?

I know, I have TOO many questions and I have Absolutely NO idea on how or where to begin. You all look like you know the procedures I hope someone can kindly help me!

Thanks!

Kathy

[Leon]

1. I don't live in Canada "now" so I don't have a job "now" in order to show I have $ to support him(I have a place to stay there at my parents- for both of us)

2.  Visas to Canada for Albanians are done in Italy (from what I read), I contacted them by email and they said they cannot reply individually to all emails. OK

3. My questions: How does he get a Visa? If he does can we both leave for Canada and do the sponsorship with him living there with me? ( I won't obviously have any income for the last year.. showing) If he gets a Visa how long does the actual Tourist./ Visitor Visa last?( I THINK 6mths) can he renew it?

Hi Kathy

You need to have a certain number of posts before you can PM people.  I think it is 5 or 10.

First and this is important, after 3 years of living together, the guy is not your boyfriend any more, he is your common law partner, perfectly legal for immigration

1. You don't need to show $ to sponsor a spouse.  There is no minimum amount anyway but if neither of you are working currently, has worked in the past or is likely to work in the future, immigration may want you to explain how you are planning to support yourselves.

2. You can send in an application for his visit visa to the embassy in Italy . You can find the application package here: http://www.cic.gc.ca/english/information/applications/visa.asp  However, visit visas are for people who want to visit and not stay so spouses are sometimes denied. 

3. If his visit visa is denied, you can start your sponsorship while you are still both staying in Greece.  However, as a Canadian citizen sponsoring from outside Canada, you need to show plans to move to Canada when he gets his PR.  This could be a job offer, accepted to college, plans on where to live, where to work, what kind of jobs to apply for and letters from your supporting family offering you to stay at their house.  If he gets the visit visa, you can both go to Canada together and you can start the sponsorship after you have arrived.  However, outland sponsorship through Mississauga and Rome would most likely be faster than applying inland through Vegreville.  He can extend his visit visa by applying before it expires and stating as a reason that he is doing sponsorship to get his PR.

[KOUKLA75]

Hi Leon  Thanks for replying so quickly.

Ok I get it more or less. However the problem is, I want to leave Greece ASAP, I have been unemployed since September (I'm sure you have all heard of this civilized country's corruption) and basically I need to return back to civilization I cannot endure anymore 

So, say, he applied for a Visa, get's it. What is the duration do u know? I for some reason assume it's 6 mths. If that's the case and as you say we can renew it as we start the process then that's more like it. Doing all this from Greece is impossible and improbable for me right now, due to 1. Economic reasons 2. I am still "legally" married in Canada (and ex"spouse" is Awol and I'm still TRYING to get some legal info online as to how long/ and how this divorce can be settled fast)

So..basically, my theory was: He gets the Visa, if its renewable great, if each renewal /Visa is 6mths, I have time to get divorced (lol) and start applying- unfortunately through Vegreville(is it that bad? all that matters to me is that he can be legally present in Canada,Mtl with me ) But basically what I want is us to be able to be in Montreal legally, step 2 start divorce then only after obviously can I begin the Sponsorship.

How does this all sound to you? I know I make things complicated but I just typed all my thoughts as they came.

[gricelanora]

If he has the police clearances, you should send them to the visa office.  I am not sure what you want to register.

maybe i didn't explain myself correctly..... all the police clearance have to be drop to the PGR in mexico before they are drop off to the canadian embassy n the PGR refuse to take them because my husband doesn't have a military card from mexico. i guess i just need to know what to do next seens my application is in process

[computergeek]

Hi Leon  Thanks for replying so quickly.

Ok I get it more or less. However the problem is, I want to leave Greece ASAP, I have been unemployed since September (I'm sure you have all heard of this civilized country's corruption) and basically I need to return back to civilization I cannot endure anymore 

So, say, he applied for a Visa, get's it. What is the duration do u know? I for some reason assume it's 6 mths. If that's the case and as you say we can renew it as we start the process then that's more like it. Doing all this from Greece is impossible and improbable for me right now, due to 1. Economic reasons 2. I am still "legally" married in Canada (and ex"spouse" is Awol and I'm still TRYING to get some legal info online as to how long/ and how this divorce can be settled fast)

So..basically, my theory was: He gets the Visa, if its renewable great, if each renewal /Visa is 6mths, I have time to get divorced (lol) and start applying- unfortunately through Vegreville(is it that bad? all that matters to me is that he can be legally present in Canada,Mtl with me ) But basically what I want is us to be able to be in Montreal legally, step 2 start divorce then only after obviously can I begin the Sponsorship.

How does this all sound to you? I know I make things complicated but I just typed all my thoughts as they came.

Well, married to the person you are sponsoring is certainly the best option, but it isn't the only option.

You seem to easily qualify for divorce, for which there are three allowed reasons in Canadian law (which is Federal, so it's uniform across the Provinces/Territories.)  One of the grounds is "separation for at least one year."  It sounds like you have no problems demonstrating that specific point.  What you may find more challenging is that either you OR your husband must have been resident in the Province in which you are going to file for divorce for at least one year.  So, if you do not know where your husband is located, you are likely to find meeting that requirement more challenging.

From a quick internet search it does not appear you qualify for obtaining a divorce in Greece either (I'm assuming you are not a Greek citizen.  Divorce jurisdiction requires citizenship or residency by both spouses at some point.)  So, you may need to stick with the common-law avenue for the time being (in which case you do not need to show your prior divorce - but you'll need to explain why you don't have a divorce yet.)

To be honest, at this point, your situation is now sufficiently complicated that I would suggest you find an attorney familiar with cases of this type.  While you can certainly go it alone, this is not the kind of thing you want to "screw up", either.

[KOUKLA75]

Ok Leon let me explain and add some things 

1. I was married in Canada with a Greek citizen back in 2004, we had just started immigration process, he left we separated in 2005 - Immigration application was cancelled by me.

2. I am Greek-Canadian so I have both citizenships.

3. What I want to know, is if my theory stands :
If my NOW fiance gets the Visitor Visa, How long is the duration? and can it be renewed?
If the above applies, while were both in Canada I can start and finish the divorce and thereafter start the Sponsorship with my NOW fiance.

4. Getting an Attorney now is virtually impossible, I am overseas, I am broke and jobless. I just want to get to Canada and my fiance as a visitor legally and then I clear the divorce and start Immigration.

Please let me know based on your knowledge how my theory stands Ty!

...I think I made things clearer now

[Leon]

Kathy, you don't have to be divorced.  You are separated and in a common law relationship with someone else.  That is enough to sponsor him.  Whether he gets the visa or not, you can go to Canada and start his sponsorship application right away.  The amount of time it is likely to take is almost 2 months in Mississauga + in Rome you are looking at 80% of files done within 11 months so the average time (50%) would be even less than that, maybe 7 or 8 months.  Then he will have his PR.  If he does get a visa, you would also have the option to apply inland but there are other disadvantages to that.

If he gets a visit visa, it would be for 6 months and he can apply to extend before it expires based on applying for sponsorship and will have a pretty good chance of getting it approved.  The problem with waiting to get your divorce is that it might take longer than you think and even if he keeps getting extensions, just waiting for the sponsorship is really long enough to be hanging around somewhere unable to work or study.  

[KOUKLA75]

Leon wow are you serious? I don't need to get divorced to sponsor?  Is that in writing somewhere? I don't wanna get *screwed* in the end 


The only reason I insist more on doing in Inland, is because if I leave, the place were staying at has to be returned to the owner, so..basically he will have to leave Greece and return to Albania and that will be more troublesome.

Is it that bad doing it Inland? If the only issue is not being able to work than that's not too serious for me as long as he can be there legally, I can work and that is fine. Time is not a big issue as long as he can be there. 

I want to get this all right ( AND I THANK YOU SO MUCH for taking the time to explain all this to me )

So...

* My Financial status has no effect on sponsoring? (if I remember well last time I did that there was an agreement that I'd support him for 3 or 5yrs(ex) so I would assume u must have some income to Sponsor someone?

*You are sure I don't need to be divorced?

*What are the chances that if he comes with a Visa, and renews it with the reason being Immigration application they refuse?(Any chance of that?)

Thanks AGAIN!

Kathy

[calissons]

Leon, this is a great post. I'd also add that you have no right of appeal if you apply inland.

[missmymexi]

Leon wow are you serious? I don't need to get divorced to sponsor?  Is that in writing somewhere? I don't wanna get *screwed* in the end 

I am currently doing sponsorship, I am the sponosr and I am not divorced, I have been seperated for 4 years though. We are doing an outbound common law sponsorship and are using a lawyer, the lawyer told us that it is fine as long as you can prove your seperation and your common law relationship. Hope that helps

You do need to me making an income as far as I know to be approved as a sponsor, as you have to prove you are able to provide for that person for three years, I had to provide all my proofs of employment, T4's and notice of assesments for the last 3 years, this is on the Can Gov website on info to be a sponsor, which to me sounds like you need to have an income:


To be a sponsor:
•You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative, if necessary. This agreement also says the person becoming a permanent resident will make every effort to support her or himself.
•You must provide financial support for a spouse, common-law or conjugal partner for three years from the date they become a permanent resident.
•You must provide financial support for a dependent child for 10 years, or until the child turns 25, whichever comes first.

You may not be eligible to be a sponsor if you:
•failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
•defaulted on a court-ordered support order, such as alimony or child support
•receive government financial assistance for reasons other than a disability
•were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued
•defaulted on an immigration loan—late or missed payments
•are in prison or
•have declared bankruptcy and have not been released from it yet.

[KOUKLA75]

Thanks Miss
At least one part is cleared, I can take care of the divorce later.

About the finances yes, that's what I remember also & had read it too, just waiting for Leon to let us know where he got this info as well.

Well how do I go about this now  I obviously have no income for the past couple of years since I am not there working. Is is safer to just go there , him get a Visa, me work, have the visa renewed AND THEN apply for sponsorship?

Does that sound feasible?

[missmymexi]

I am no expert, but from what i have been through and what other people  I know have been through this is my advice:

Get the Visa for your now finance ( I am assuming you are looking at getting a visitors visa), come back and try and establish yourself right away or even land a job before returning. As soon as you arrive apply for your inland sponsorship (get all his documentation together there before you leave, this will save alot of stress) as long as he has an application in process he can remain here. Do not let immigration know your plan is to do this, he needs to be strcitly visiting or they will not issue a visa.

I would get a lawyer once you ready or if you can, the immigration world is very complicated, the fee's are not out of control as they are for divorce ( that I can tell you from personal experience, as so far I am paying 10x more for my divorce). You are looking at about $2500 in filing fee's and legal fee's to get assistance from a lawyer. I wish you the best of luck and hope you can depart from greece soon, not a good place to be at the moment i would assume !

[KOUKLA75]

Hi Miss! and thx!

That's what we did in 2003-2004 with my previous "friend". He came along with me and entered with a Visa(visitor) then we started the process, he renewed his Visa and by that time we separated(within 1 yr) and he left in summer 2005. I really cannot remember if they asked us anything at the customs (and if we said were a couple) to be honest, we did the entire application on our own but I cannot remember what the heck we did or what docs we needed, I think things changed because I've been trying to read on their website and all I get is confused!

However we did not use a lawyer, the only thing I'm scared of is how many times will they let him renew the Visa? Apparently from some reading I've done upon the 2nd renewal you state that you are in Immigration Process and so they allow the renewal, BUT that means that he will have to have renewed at least once before we apply, I mean, if he comes with me, then how can I apply immediately if the "finance" part is not taken care of from my side..?