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Sponsoring spouses in canada

Crystel13

Star Member
Sep 8, 2019
116
34
Hello,

I just have a question. Basically, I'm living with my husband right now (PA) and I'm sponsoring him so he can become a permanent resident. We sent an inland application. We already received AOR.

my question is: is he allowed to go work in another province if he can't find work where I live? Would this affect our PR application if we are apart for a while considering we are married?
 

jddd

Champion Member
Oct 1, 2017
1,517
565
Hello,

I just have a question. Basically, I'm living with my husband right now (PA) and I'm sponsoring him so he can become a permanent resident. We sent an inland application. We already received AOR.

my question is: is he allowed to go work in another province if he can't find work where I live? Would this affect our PR application if we are apart for a while considering we are married?


Does your spouse currently have a work permit? If so, would suggest you sponsor your spouse outland. If not and you will rely on an inland sponsorship for OWP, you and your spouse MUST COHABIT. Your application will be rejected and it will be valid in law if you do not cohabit. See Part 7, Division 2 or the IRPR.


DIVISION 2Spouse or Common-Law Partner in Canada Class
Marginal note:Class

123 For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

  • (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;

  • (b) have temporary resident status in Canada; and

  • (c) are the subject of a sponsorship application.
 
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Crystel13

Star Member
Sep 8, 2019
116
34
Does your spouse currently have a work permit? If so, would suggest you sponsor your spouse outland. If not and you will rely on an inland sponsorship for OWP, you and your spouse MUST COHABIT. Your application will be rejected and it will be valid in law if you do not cohabit. See Part 7, Division 2 or the IRPR.


DIVISION 2Spouse or Common-Law Partner in Canada Class
Marginal note:Class

123 For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

  • (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;

  • (b) have temporary resident status in Canada; and

  • (c) are the subject of a sponsorship application.
Thank you. He has a work permit in Canada and we applied inland. We also applied for a new work permit.
 

jddd

Champion Member
Oct 1, 2017
1,517
565
Thank you. He has a work permit in Canada and we applied inland. We also applied for a new work permit.
So again, if you will rely on the inland sponsorship as the basis for being eligible for the work permit, he must live with you.
 

Belarusian

Hero Member
Sep 3, 2019
899
444
Hello,

I just have a question. Basically, I'm living with my husband right now (PA) and I'm sponsoring him so he can become a permanent resident. We sent an inland application. We already received AOR.

my question is: is he allowed to go work in another province if he can't find work where I live? Would this affect our PR application if we are apart for a while considering we are married?
its not good idea! :confused:
 
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scylla

VIP Member
Jun 8, 2010
92,926
20,539
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,

I just have a question. Basically, I'm living with my husband right now (PA) and I'm sponsoring him so he can become a permanent resident. We sent an inland application. We already received AOR.

my question is: is he allowed to go work in another province if he can't find work where I live? Would this affect our PR application if we are apart for a while considering we are married?
He needs to be living with you if you are applying inland. Yes - you should expect problems with your PR application if he moves elsewhere. A member here was recently refused for this exact reason.
 
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Bexi15

Star Member
Mar 11, 2019
102
59
Category........
FAM
App. Filed.......
08-02-2019
AOR Received.
28-03-2019
Med's Request
12-04-2019
Med's Done....
06-05-2019
Hello,

I just have a question. Basically, I'm living with my husband right now (PA) and I'm sponsoring him so he can become a permanent resident. We sent an inland application. We already received AOR.

my question is: is he allowed to go work in another province if he can't find work where I live? Would this affect our PR application if we are apart for a while considering we are married?
Absolutely it will affect your application. I just went through all this with my application. My husband was working shift work out of town (camp based job) for a few weeks when we submitted our application. We disclosed this obviously and they sent us a procedural fairness due to cohabitation issues.
Thankfully our situation changed and my husband took a job working in town during the processing of our application so when we provided evidence of that they reversed their decision but definitely don't recommend him taking a job elsewhere.
 
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Crystel13

Star Member
Sep 8, 2019
116
34
Absolutely it will affect your application. I just went through all this with my application. My husband was working shift work out of town (camp based job) for a few weeks when we submitted our application. We disclosed this obviously and they sent us a procedural fairness due to cohabitation issues.
Thankfully our situation changed and my husband took a job working in town during the processing of our application so when we provided evidence of that they reversed their decision but definitely don't recommend him taking a job elsewhere.
Thanks for your comment. It really helped
 

Belarusian

Hero Member
Sep 3, 2019
899
444
Hello,

I just have a question. Basically, I'm living with my husband right now (PA) and I'm sponsoring him so he can become a permanent resident. We sent an inland application. We already received AOR.

my question is: is he allowed to go work in another province if he can't find work where I live? Would this affect our PR application if we are apart for a while considering we are married?
There are stories on this forum when citizenship was denied, precisely because the couple lived separately (camp based job is completely different)! I advise you to read a few examples (Look theme: refusals, appeals)
 

Crystel13

Star Member
Sep 8, 2019
116
34
There are stories on this forum when citizenship was denied, precisely because the couple lived separately (camp based job is completely different)! I advise you to read a few examples (Look theme: refusals, appeals)
My husband is a pilot and there are lots of jobs but they are mostly away from where i live.

He got laid off for the winter, which kind of turned out well because our PR only started to be processed and he was able to come back home and avoid having issues with cohabitation. We explained the situation well in the documents and I also consulted a lawyer before submitting everything. He said everything was alright.

Yesterday, i send a webform to inform IRCC that he got laid off and has been full-time cohabiting with me since our application has started being processed just to make sure we don't have any problems with his application.

I guess we will just wait till he gets his PR to avoid having problems
 
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Reactions: Belarusian

Bexi15

Star Member
Mar 11, 2019
102
59
Category........
FAM
App. Filed.......
08-02-2019
AOR Received.
28-03-2019
Med's Request
12-04-2019
Med's Done....
06-05-2019
There are stories on this forum when citizenship was denied, precisely because the couple lived separately (camp based job is completely different)! I advise you to read a few examples (Look theme: refusals, appeals)
Well I thought to that a camp based job would be completely different from actually living seperately but the immigration officer dealing with my application treated it exactly the same.
We didn't consider ourselves to not be cohabiting since he was just away for work, not maintaining a residence elsewhere and returned home every other week.
 

Crystel13

Star Member
Sep 8, 2019
116
34
Well I thought to that a camp based job would be completely different from actually living seperately but the immigration officer dealing with my application treated it exactly the same.
We didn't consider ourselves to not be cohabiting since he was just away for work, not maintaining a residence elsewhere and returned home every other week.
Unfortunately, it feels like immigration does not take into consideration people's reality.
 

scylla

VIP Member
Jun 8, 2010
92,926
20,539
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Unfortunately, it feels like immigration does not take into consideration people's reality.
They do. You can apply outland rather than inland if you cannot live together. With outland, there is no requirement to cohabitate in Canada.
 

Crystel13

Star Member
Sep 8, 2019
116
34
They do. You can apply outland rather than inland if you cannot live together. With outland, there is no requirement to cohabitate in Canada.
My husband was already in Canada and has been living here for many years. He didn't want to go back to Australia to apply outland. It made more sense to do the inland application.
 

scylla

VIP Member
Jun 8, 2010
92,926
20,539
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My husband was already in Canada and has been living here for many years. He didn't want to go back to Australia to apply outland. It made more sense to do the inland application.
He doesn't have to return to Australia to apply outland. He can apply outland while in Canada. Many of us here have done this including my husband.