Spousal sponsorship

[joshuacv]

Hello,

I have a few questions I thought someone might be able to help me with. I'll start by explaining my situation.

I met my japanese girlfriend (now fiancé) in October 2011. She was in Canada on a student visa and was studying english and working in a restaurant. She went back to Japan on Feb 21st, 2012 for family/work commitments. We have recently become engaged and plan to marry as soon as she returns to Canada in mid September 2012.

My Questions:

When she returns in September, how should she apply to enter Canada? Does she need a Visa?

What should she tell Canada Customs regarding her trip to Canada?

She wants to have her belongings shipped here from her parents house. Is this possible before she get residency?

Once we are married, how do we start the PM process? Do we apply outland or inland?

She would like us to visit Japan in December 2012 for two weeks if possible. Could this possibly affect our application? Should we reschedule our trip until she obtains PR?

How long will it take from the date of marriage until she gets PR?

She would like to work ASAP after we get married. Is there any way she can work while waiting for her PR?

We have been doing our best to document our relationship by saving texts and emails etc. Is this even necessary if we are married?

I have done quite a bit of research but it is difficult to find answers to all of these questions. Thanks so much in advance to anyone that is able to assist with these questions!

Josh

[Leon]

When she returns in September, how should she apply to enter Canada? Does she need a Visa?

No, Japanese people do not need a visa to enter Canada.

What should she tell Canada Customs regarding her trip to Canada?

She is coming to visit her boyfriend.  Everything else is irrelevant.  However, they might ask her how long she is planning to stay.  Is she going to get a round trip ticket taking her back to Japan in December for her visit?  She could show that as her return ticket.

She wants to have her belongings shipped here from her parents house. Is this possible before she get residency?

She is not allowed to officially move to Canada until she gets her PR.  When she lands as a PR, she can bring a goods to follow list to avoid having to pay customs fees of her belongings

Once we are married, how do we start the PM process? Do we apply outland or inland?

Up to you.  I recommend outland because Japan seems to be very fast.  She might have her PR in 6 months or so.

She would like us to visit Japan in December 2012 for two weeks if possible. Could this possibly affect our application? Should we reschedule our trip until she obtains PR?

If you apply inland, you are advised not to leave although it is low risk because she does not need a visa to enter Canada.  With outland, you can come and go.

How long will it take from the date of marriage until she gets PR?

Outland, 2 months in Mississauga plus processing time in Japan.  80% of applications there are processed in 6 months which means your average application is even faster than that.  Inland would take a year for first stage approval and then even longer for PR.

She would like to work ASAP after we get married. Is there any way she can work while waiting for her PR?

Not unless she gets a work permit.  She has the same chance at a work permit as everybody else.  She would need to find an employer who will apply for a labour market opinion to hire her.  This will probably take at least a couple of months.  As a visa exempt person, she can go to the border to get her work permit instantly once she has the LMO.

We have been doing our best to document our relationship by saving texts and emails etc. Is this even necessary if we are married?

Yes, you still need to prove that your relationship is genuine, even if you are married.

[CanadaGirl2011]

Just a quick question I put this in my other forum friends for October Applicants too....

I applied for spousal visa for my husband in Kenya in Oct 2011 they requested his passport last week ... I'm thinking this a good sign ... 1)  What happens next?  The wait times are long so I was thinking the process must be going along a head of schedule which is amazing.....

2) His UCI # that was assigned when they acknowledged that his application was in Kenya is different from the UCI that requested his passport is that normal? 

Any information or feedback is welcomed!!

[joshuacv]

Thank you so much for you help. It is very much appreciated!!!

[computergeek]

2) His UCI # that was assigned when they acknowledged that his application was in Kenya is different from the UCI that requested his passport is that normal? 

It's not supposed to happen, but it does (I have been assigned two UCI numbers.)  But it shouldn't really matter - it's CIC's internal number.  If they've requested his passport, it means they're going to issue the visa (barring any last minute change in circumstances, which I hope doesn't happen!)

Congratulations on beating the normal timeline!

[micanada]

hi everyone  , i have a question, will appreciate for an answers

1. my application was sent nov 2011 in vegreville and my dependant child was included in the application, im just wondering when they will contact my daughters guardian for relation confirmation and medical exam, is it after first stage of approval or anytime after u passed the complete application??

2. my daughters guardian is leaving on the 29th ( out of country) and will be back after 6 mos, should i update vegrevile for new reliable guardian, does the guardian should be living in the same adress with my daughter or is it ok if she lives in diff adress?

3. and while waiting for the first stage of approval, can i work and process new work permit as long as i have a lmo? im holding a temporary visitors record, just wondering if i can go back to work again..


 thanks! and good luck to all of us

[CanadaGirl2011]

It's not supposed to happen, but it does (I have been assigned two UCI numbers.)  But it shouldn't really matter - it's CIC's internal number.  If they've requested his passport, it means they're going to issue the visa (barring any last minute change in circumstances, which I hope doesn't happen!)

Congratulations on beating the normal timeline!

Thanks so much for the words of encouragement - Lets hope I hear soon !!!

[Eric-Mimi]

Magtatanong lang ako. Citizen ako ng canada. Pinasa ko ung application namin nung last week ng october 2011. Na recieve nila ng November 2,2011. Partial payment lang kasi wala pa akong pera. Ngayon ang nangyari is garnish nila ung sweldo ko every month. Fully paid na ako ngayon. Ang aking situation is we are previously married, im divorce sa canada and my wife is annuelled in the Phil. What the canadian immigration did first is conduct a background investigation sa aming marriage. And now since im fully paid and the investigation is done is they are starting to process our papers. Pls give me your opinion.

[sh19]

Hi,

I am on my PGWP (post graduate work permit) till 2014 and i just got married in Jan 2012 back in my country. My wife is in Australia and she is working there. I wanted her to come and stay with me in Canada.

I am working here as  Manager in a restaurant.

What is best option to get her here?

Can i sponsor her or she needs to come on tourist visa else she can file an OWP (open work permit).

Thanks and waiting for advice.

[Phlcan]

A woman is already married (not yet annulled) to another man, but lived together with that man for only 2 months, and have no children.
She has children with her present partner, and they are living together for more than 10 years.
Can she include her partner to the application for immigration?
Replies would be highly appreciated thanks.

[Leon]

A woman is already married (not yet annulled) to another man, but lived together with that man for only 2 months, and have no children.
She has children with her present partner, and they are living together for more than 10 years.
Can she include her partner to the application for immigration?
Replies would be highly appreciated thanks.

She can and must include her partner.  Under Canadian law, he is considered her common law partner.  Not including him would be misrepresentation.  He status is separated from her previous husband and in a common law partnership with the 2nd man.

[Phlcan]

She can and must include her partner.  Under Canadian law, he is considered her common law partner.  Not including him would be misrepresentation.  He status is separated from her previous husband and in a common law partnership with the 2nd man.

Thank you for replying Leon.
She is still married to the first man, but they have no communication since the first man left her.
What I mean with my question is that, can the second man be granted a visa, given that she is still married to the first man?
Just so you know, the woman is also married to the second man.

[Leon]

Thank you for replying Leon.
She is still married to the first man, but they have no communication since the first man left her.
What I mean with my question is that, can the second man be granted a visa, given that she is still married to the first man?
Just so you know, the woman is also married to the second man.

He can be granted a visa as her common law partner but under Canadian law, she can not be married to 2 men.  As she is still married to the first man without having an anullment or a divorce, her 2nd marriage would not be considered legal.  However, she can and should include him on her application because as they are living together as man and wife, they are considered common law partners.

[Phlcan]

He can be granted a visa as her common law partner but under Canadian law, she can not be married to 2 men.  As she is still married to the first man without having an anullment or a divorce, her 2nd marriage would not be considered legal.  However, she can and should include him on her application because as they are living together as man and wife, they are considered common law partners.

So, it is not necessary for the woman to get an annulment for her first marriage?

Should she fill-up the form for the common-law partners (Statutory Declaration of Common-Law Union [IMM 5409]) ?

[Leon]

So, it is not necessary for the woman to get an annulment for her first marriage?

Should she fill-up the form for the common-law partners (Statutory Declaration of Common-Law Union [IMM 5409]) ?

It is not necessary to get an annulment and yes, she should fill out that form.