Spousal sponsorship

[Leon]

Here I come to the rescue. Now read my favourite link on family sponsorship at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

On page 28, section 5.38:

What happens if the common-law partner (principal applicant) is married to another
person?
Persons who are married to third parties may be considered common-law partners provided their
marriage has broken down and they have lived separate and apart from the spouse for long
enough to establish a common-law relationship – at least one year. In this case they must have
cohabited in a conjugal relationship with the common-law partner for at least one year.
Cohabitation with a common-law partner cannot be considered to have started until a physical
separation from the spouse has occurred. A common-law relationship cannot be legally
established if one or both parties continue their marital relationships.

And about the financial requirements, on page 42, section 10.3

Sponsors of dependent children and of spouses, common-law partners or conjugal partners
(unless they have dependent children who have dependent children of their own) do not have to
meet financial requirements, but they do undertake to provide for the basic necessities of the
sponsored applicants so that the applicants do not need social assistance. Applicants may be
refused for financial reasons under A39 if they are unable or unwilling to support themselves and their dependent children and there are not adequate arrangements for their care and support.

So.. there are no specific income requirements for a sponsor of a spouse or dependent children but they can still be denied if it is considered unlikely that they can support themselves. I have only heard of one case of a spousal sponsorship being refused due to lack of funds. The sponsor in that case was working in a restaurant part time and making very little money for the past several years (although I suppose they might have been paying him extra under the table). He claimed that his wife would work as she would arrive in Canada but immigration thought that to be unlikely as his wife spoke almost no English. Hence they were denied.

If you have had jobs in the past and your common law partner has had jobs in the past, even though you are unemployed right now, there would be no reason that immigration would think that you can not support yourself. However, if you wait to send in the sponsorship until you have a job and 3 pay checks, at least you will have something to send them in the way of income.

You are allowed to apply outland even though your partner is in Canada. I don't really see a reason why you would not be able to apply for his sponsorship soon after arriving in Canada, well before he would have to apply to extend his visit visa but if something comes up and you can't, then he should be able to get an extension based on your intent on applying for sponsorship, especially if you show that you are working on your application and waiting for documents x and y to complete the package. If you however have to apply for an extension a 2nd time because you have not yet applied for sponsorship (at this point, you would have been a year in Canada already), you might get denied because they think you are not serious.

Inland has the edge that he will not get kicked out but outland applicants are almost always approved to stay on too if they are already in Canada. The downside with inland though is that it takes much longer and if he has to leave, say family emergency, he risks not being able to get back in and losing his application. It is a requirement of inland that the person is in Canada. If they are no longer in Canada, the application is gone.

 

[KOUKLA75]

Leonnnnnnnnnnnnn MERCI! :-*

Ok so, the divorce is cleared- don't need to worry about that, then the $$$ is cleared too, I will assume I can get a job within little time there and also we would be staying with my father , isn't that enough showing we / he has somewhere to stay?

The other issue IF mr Leon the expert knows, because this info has been even harder to find online since I have been researching for days, is, the initial Tourist visa entry. :-X

This is what I read on the Canadian Embassy in Italy(for some reason Greece,Albania and Malta are served in Rome? : I dont remember that part last time my previous buddy got a Visa as a Greek resident...

The Temporary Resident Visa application forms and Instruction Guide can be downloaded from the CIC Web site.
Original valid international passport.
Two passport size photos for each applicant.
Financial documentation clearly proving your current financial situation (i.e. bank statement showing transactions and balance or savings book, etc.; proof of property ownership).
Letter of invitation, if applicable. If you are visiting close relatives (parents, brothers/sisters, cousins, etc.) please provide a copy of their immigrant visa (Landing Record) or copy of their Canadian passport.
Letter from your employer certifying when you were hired, type of contract, position held, leave approval. If you are self-employed, please send proof of your business.
If you are not a citizen of the country where you reside, please provide proof of your legal residence status (For Italy: Permesso di Soggiorno).
Payment of the NON-REFUNDABLE processing fee. We do NOT accept personal cheques, postal orders, credit cards, U.S. Dollars. This fee must be paid when an application is submitted in order for processing to begin.
Method of payment
To apply for a transit visa, you must show your plane reservation. Applications for TRANSIT visas are free of charge.

AND:
According to the Canadian Immigration and Refugee Protection Act, an immigration officer must be satisfied:

that the applicant has no intention of studying, working or applying for permanent residence/refugee status;

So basically if he does SOMEHOW get through this Visa procedure, we fly there, at customs I present him as a friend of the family visiting?
Does anyone know the "detailed" procedure to get the Visa from Rome? I e-mailed them and they had time to reply "they don't reply to individual cases by e-mail" lol.

 

[canadianwoman]

Yes, when you arrive at the border he tells them he is just visiting. Later, he can change his mind and decided to apply for a PR visa. They have such a thing as 'dual intent', but don't bother worrying about it, it never seems to work with someone wanting a TRV.

You can always start his application while the two of you are out of Canada.

 

[zmikers]

Ok, here I am again with 2 more questions;

Because my wife is pregnant and we are starting our out of country PR Visa application, I was told two things. One, I don't write the baby-to-come on my application form, but inform the immigration office when he/she is born. Two, My wife shouldn't get the chest x-ray done, but can submit the medical without the x-ray and submit the x-ray at a later date. Here are my questions;

1) How do I update my application with the new baby? Do I fill out another form, e-mail, phone?

2) If I am omitting the x-ray until further notice, do I write this on the current medical form or write a letter? How do I submit the x-ray result when the time comes?

Thanks yet again for you r help.

 

[Leon]

According to the Canadian Immigration and Refugee Protection Act, an immigration officer must be satisfied:

that the applicant has no intention of studying, working or applying for permanent residence/refugee status;

So basically if he does SOMEHOW get through this Visa procedure, we fly there, at customs I present him as a friend of the family visiting?
Does anyone know the "detailed" procedure to get the Visa from Rome? I e-mailed them and they had time to reply "they don't reply to individual cases by e-mail" lol.

You and your boyfriend are going to visit your parents Then he ends up liking it so much that you stay on and apply for his PR.

 

[mehdiR]

hello dear users
I 've got a dilemma on my hand . I wanna cancel my agent and I read some where in this forum that some guys mother-in-law sent letters to VO telling lies and giving proofs to disturb the sponsorship application/ make them believe that the marriage is fake ( she had her reasons doing so)

now I m sure if I cancel my immigration agent, she would get mad and she might try to hurt my case some how ,
Do VO's consider letters or any input from other people than Me( sponser) or my wife?

heeeelp PLEEEEASE

 

[Leon]

heeeelp PLEEEEASE

If your agent is professional, they will not try to sabotage your case because it will ruin their reputation. In any case, you can write in your application to remove representative that you have had an argument with this person and you are afraid that they will try to sabotage your case. If they then try to sabotage your case, immigration might still look into what they wrote but they will consider it biased.

 

[Leon]

Ok, here I am again with 2 more questions;

Because my wife is pregnant and we are starting our out of country PR Visa application, I was told two things. One, I don't write the baby-to-come on my application form, but inform the immigration office when he/she is born. Two, My wife shouldn't get the chest x-ray done, but can submit the medical without the x-ray and submit the x-ray at a later date. Here are my questions;

1) How do I update my application with the new baby? Do I fill out another form, e-mail, phone?

2) If I am omitting the x-ray until further notice, do I write this on the current medical form or write a letter? How do I submit the x-ray result when the time comes?

Thanks yet again for you r help.

You should go through the forms and look at which forms will change because of the baby. For one thing, it will be entered on the additional family information form. Once the baby is born, send them this form and any other forms that might have changed and a cover letter stating that that you want to report your Canadian citizen baby. At the same time, also apply for the citizenship certificate of the baby and temporary passport.

You should ask at the medicals how you deal with the x-ray. If she goes to the same DMP again and they handle the x-ray, they will send it in for you.

 

[IndianOcean]

Hey Leon,
Got my passport back with visa stamped and CPR. Thing is, just noticed on my CPR that there is a tiny mistake on it. On the expiry date of my passport, it says 14th of May when in reality is 31st of May. Do you think it will create a problem when I land?

 

[mehdiR]

If your agent is professional, they will not try to sabotage your case because it will ruin their reputation. In any case, you can write in your application to remove representative that you have had an argument with this person and you are afraid that they will try to sabotage your case. If they then try to sabotage your case, immigration might still look into what they wrote but they will consider it biased.

thanx very much Leon

what would u do if you were in my position? should I bare them for the rest of process ?
My wife's file just transferred to Ankara.

sorry to bother u but It's real crucial aspect in our life

 

[Leon]

Hey Leon,
Got my passport back with visa stamped and CPR. Thing is, just noticed on my CPR that there is a tiny mistake on it. On the expiry date of my passport, it says 14th of May when in reality is 31st of May. Do you think it will create a problem when I land?

No.

 

[IndianOcean]

No.

Thanks!

 

[sulumor]

hello,

my wife (sponsored person) received an email from the embassy to send in her original birth certificate.

anyone knows what it means and why did they request for it ?

it was already sent as a copy (bilingual).

thanks a lot for any hints !

 

[weary-damsil31]

Hello Again,Leon and all!

I have a question for the UCI..it is the CLIENT ID, right? I tried to enter my client id from my working permit but it wasnt accepted.. what client id then it was supposed to be? pls help..and also that CSQ,Do i have to fill in that part?

 

[olags]

Dear Leon,

How long is the required minimum duration of stay in Canada for a resident so he can sponsor his wife? Can he sponsor his wife if he is currently unemployed?

Thanks in advance.