Questions about starting new spousal application

[satbeerus2001]

Hi all,

I am going to be starting my spousal PR application soon. I have a few questions before I can apply. I request all members to kindly provide their input and oblige. Please excuse me if I am asking something already on the forum. I did extensive search and did not find all information.

My case briefly: I completed my studies in Canada. I am currently on my LMO based work permit valid upto 2015 December. I am working full time. My wife who is a PR joined me in Canada as a new PR last year. She worked for about 10 months and then I started working. Now she is not working as she is studying full time for her pharmacy registry exams.

My confusions/questions are as follows;

1. Since I and my wife are in Canada, is it possible for me to apply for spousal PR from outside Canada?

2. If I can apply from outside Canada, the processing times for New York are 22 months and that for New Delhi (my home country) are 12 months? Can I choose New Delhi as the destination for my file to be processed?

3. If my file is being processed in New Delhi, will I be able to travel in and out of Canada and not get my work permit or status revoked just because upon my re-entry to Canada, border will know that my PR application is in process?

4. New Delhi embassy requires me to submit traditional wedding pictures with all rites and rituals being performed. But in our case, we got married through a marriage lawyer (Civil marriage) legally in Toronto. We hired a medium sized restaurant and hosted wedding party for about 60 people and got married on same day at the restaurant. We have ample of evidence for our 4 year relationship like trips, hotel bookings, airline boarding passes, lease agreements in Canada, bank loan on our new car etc. We have dozens of pictures from our wedding party. We have evidences for our honeymoon trip as well. But we did not do a traditional wedding due to one of our parents being against the intercaste marriage. Will CIC accept our marriage or just because we did not do traditional wedding, they will not accept our marriage?

5. Can I send my police clearance certificates upfront with application? Or I should wait for them to request one from me? I am concerned about the fact the police clearance certificates expire in about 6 months and for sure they will take more than 6 months processing, so will my certificates expire????


I will be highly obliged if you guys will throw some light of our experience and knowledge on my questions.

Many thanks in anticipation.

Satbeer

 

[Alurra71]

A couple things jump out at me here....

You state your wife is a new pr as of last year?

You stated relationship is ongoing for four or more years?

What was your relationship like when your wife got her pr? Where did you live, and she?

These are some questions that need to be answered for correct information to be given.

The police certifications only need to be received by CIC within three months of issuance. Rarely are folks asked to redo them unless a lot of changes happened while processing.

 

[satbeerus2001]

Hi Alurra 71,

Thanks for your prompt reply.

You are right, we were in a relationship for 4 years but not married. My wife landed in Canada in July 2012 and we got married in November 2012. So basically it has been almost one year since we are married.

For the police clearance, can I send those and update my file whenever I receive them during the processing of my file? Or I am not allowed to update it with police clearance until asked by CIC?

Please let me know if you need more info to answer my questions.

Many thanks again.

Satbeer

 

[truesmile]

Welcome to the forum! Here goes:

1) Yes you can. Think of 'inland' vs 'outland' as WHERE your application will be processed, NOT where you are.
2) You choose inland or outland, beyond that you don't really get to choose. Your application will be forwarded to the appropriate VO abroad for processing, likely the VO that is (or nearest to) the country from which your passport was issued.
3) You shouldn't have any problem BUT re-entry is never guaranteed. (Note: don't choose inland if wish come and go like that.)
4) CIC will accept a wedding/marriage so long as it is legal in the country that it was performed in. Civil ceremony in Canada is perfectly acceptable.
5) Send them up front. The only requirement I've seen is that they be issued no longer than 3 months prior to submitting your application. You run the risk of your application being returned as 'incomplete' if you do not do so.

Good luck!

 

[satbeerus2001]

Hi Truesmile,

Thank you very much for your quick and clear reply. It was very helpful indeed.

I shall post here, if I come up again with some more questions, which is very likely.

Appreciate it.

Satbeer

 

[satbeerus2001]

Hi Truesmile,

When I am trying to get the application package, there are two options:

Does you spouse live with you in Canada- Choose Application for permanent residence- In Canada OR Does you spouse lives outside Canada- Choose Application to sponsor a member of Family Class?

Since I am living in Canada with my wife, but want to apply from outside Canada, which option should I chose?

Please guide and oblige.

Thanks.

Satbeer

 

[MilesAway]

You would choose the one for outside Canada.

Did you live together before your wife became a PR?

 

[canadianwoman]

4. New Delhi embassy requires me to submit traditional wedding pictures with all rites and rituals being performed. But in our case, we got married through a marriage lawyer (Civil marriage) legally in Toronto. We hired a medium sized restaurant and hosted wedding party for about 60 people and got married on same day at the restaurant. We have ample of evidence for our 4 year relationship like trips, hotel bookings, airline boarding passes, lease agreements in Canada, bank loan on our new car etc. We have dozens of pictures from our wedding party. We have evidences for our honeymoon trip as well. But we did not do a traditional wedding due to one of our parents being against the intercaste marriage. Will CIC accept our marriage or just because we did not do traditional wedding, they will not accept our marriage?

Just explain on the forms why you did not have a traditional Indian wedding ceremony. You got married in Toronto, one of your parents did not approve, and it was not an arranged marriage in any case. New Delhi expects the big traditional wedding when the marriage is arranged, basically, since there will be little other proof of the relationship. In your case, you have a lot of evidence of a long relationship. The wedding you did have seems big enough, just make sure you have photos of all key parts and some proof of the number of guests.

If you lived with your wife for a year before she got PR, do not mention it.

 

[satbeerus2001]

@ Milesaway

Thanks for your reply.

No we did not live together before we got married.

So I would chose the application: If your spouse lives outside Canada? Would it not be contradicting, since I am living in Canada?

I am afraid if the application form for outside Canada will need my address and all, and then how will I be able to provide Inside-Canada address while selecting as if I am living outside?

Please solve this query and oblige?

Thanks.

 

[truesmile]

It's just that those are the correct set of forms for an 'outland' application'. Once you have the correct set of forms, you are absolutely permitted to put a Canadian address in there.

 

[satbeerus2001]

@truesmile

thanks for the info

so to just verify that I understood this correctly...I should choose the application package which says "The person to be sponsored lives outside Canada" Despite the fact that I live within Canada?

Satbeer

 

[MilesAway]

That is correct.

 

[satbeerus2001]

Thanks Milesaway for your reply.

I have one more question.

I understand that ideally I must submit police clearance certificates along with my original initial application. But just in case I want to ask that is it possible to submit police clearance later during application process. I will need clearance from India, Canada and Ukraine. The one from Ukraine is very difficult to get as the embassy here is so unresponsive.

Is it possible that I apply now and update my file with police clearance later?

I lived in Ukraine for more than 6 months and upon departure from Ukraine, I took police clearance from them. But CIC wants a fresh police clearance certificate issued within 3 months. Now it has been more than 6 years since I lived in Ukraine and now this embassy is not helping at all.

So I was hoping if I can apply first and update police clearance later??

Also another question is that: Do I appply for my PR and my spouse applies for sponsorship at the same time or We need to apply for spnsorship first and then if it is approved then we apply for my PR???


Please share your guidance and oblige.

Many thanks.

Satbeer

 

[MilesAway]

You should submit all documents, including all police checks, at the same time.

The sponsor and PR application go together, in the same package, to Mississauga. If you don't send the PR portion, it will be returned to you.

If you are really having difficulty with the Ukrainian police check, then you can try to submit the application without it, and state that you will get one and send it in, but that it wasn't possible to get one before, and include proof of that.

 

[satbeerus2001]

@Milesaway

Thank you for all your guidance. I really appreciate it.

I have another doubt: My wife is a PR and I applying based on her. But she is not working as she is studying for her exams. I am working full time in my field on LMO based work permit.

Due to the fact that the sponsor is not working, will it affect sponsorship approval?

Please reply and oblige.

Thanks

Satbeer