A specific question about Spousal sponsorship

[Nicotine]

Hello everyone

It's nice to know that there are people ready to share their experience and offer time to help others , anyway here's my concern actually I am very confused and I get so each time I go to that website cic.gov (it's like it's done on purpose to discourage people) well my wife and kids are canadian citizens and we all live in Algeria and we are planning to move to Canada , we have gone through so many websites to find the right procedures to use in order to go live there legally but in vain so here is my question

should I apply for temporary visa and carry on the procedures once there (if it's the case I want to know all the necessary steps), Or should my wife apply for a spousal sponsorship bearing in mind that at the Canadian Embassy here in Algeria we have been told that it was not possible because the sponsorer (my wife) has to be living in Canada however i read somewhere that it is possible for my wife to sponsor me even if she's not living in canada feel like banging my head on the table if someone has gone through the same case or knows what to do please share the wealth

Thank you all

 

[KJG]

Nicotine if your wife is a canadian citizen she can apply from Algeria she does not have to live in Canada but when she applies she has to give solid evidence that you will be returing to reside in Canada....if she is a PR of Canada she has to be living in Canada to sponsor you.

I hope that clarifies things for you.

 

[Nicotine]

Thank you very much for your quick answer my wife is a Canadian citizen and not a permanent resident so i believe that she can go trough the process of sponsoring me but my question is how can we do that we are lost really , beside when you say that we have to five solid proofs of our intention to move in canada do you have any concrete examples .?

Thank you once again , !

 

[tuyen]

I am very confused and I get so each time I go to that website cic.gov (it's like it's done on purpose to discourage people

I'm not sure why you think that the CIC web site is overly complicated. I've actually found it to be very straightforward with all the necessary steps laid out in an orderly fashion.
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

should I apply for temporary visa and carry on the procedures once there (if it's the case I want to know all the necessary steps)

All of the necessary steps (including a checklist of everything you need) are on the CIC web site, starting with the link I gave you above.

Or, should my wife apply for a spousal sponsorship bearing in mind that at the Canadian Embassy here in Algeria we have been told that it was not possible because the sponsorer (my wife) has to be living in Canada however i read somewhere that it is possible for my wife to sponsor me even if she's not living in canada feel like banging my head on the table if someone has gone through the same case or knows what to do please share the wealth

Whoever told you that it's not possible to apply from Algeria was wrong. Yes, it's possible, but it will be a lot more difficult.

As far as what would be most ideal for your situation, it depends on a number of factors.

1) First of all, how long has your wife been living with you in Algeria?

2) How long have you been married? Are all the children yours with your wife, or did she have children before she met you?

3) Does she own a house in Canada? Or is she currently making monthly payments on a mortgage or rental lease? Does she have a job in Canada?

If the answer to all of those questions in #3 is "no", and she wants to sponsor you from outside of Canada, then she will first have to provide some proof with her application that she has an intention of returning to live in Canada. That includes having things like a letter from an employer in Canada saying she has an offer of employment when she arrives. Also, she will have to provide proof that there's a place waiting for her where she will live when she returns. Without all that proof, there's basically zero chance that your sponsorship application will succeed if it's filed from outside of Canada, because your wife will not even be approved to be a sponsor.

I personally think your best option is for your wife to return to Canada with the children (if she's able to support them by herself), get settled, and then file an outland application to sponsor you.

If you want to do an inland application from inside Canada, you will first have to get a visitor's visa, which you will have to get approved BEFORE your wife files your sponsorship application, because there's only a very small chance that you'll get a visitor's visa approved if your wife has already filed a spousal application for you.

 

[Nicotine]

Thank you very much I really appreciate your help now things are much more clear for us, the best option then is to apply for a visitor visa and carry on the procedure once there just hope that things are going to be smooth

 

[tuyen]

Thank you very much I really appreciate your help now things are much more clear for us, the best option then is to apply for a visitor visa and carry on the procedure once there just hope that things are going to be smooth

There are other things to consider also.

If you apply from inside of Canada, and for some reason your application is rejected, you will have no option to appeal.
But if you apply from outside of Canada (while your wife is IN Canada), then you WILL have an appeal option if the application is rejected.

 

[Nicotine]

Oh my god this is scary it also seems like an impossible mission, so best option she goes back there to Canada and start the procedure and from what I've read it does take time

Well we really have to think about it

 

[truesmile]

You should really be aware also (noted 2 posts ago) that you can apply for your visitor visa as you suggested 3 posts ago AND once here (while visiting) STILL submit an 'outland' application. Completely acceptable to do that! I know, I know, I had trouble with that concept before too.

 

[Nicotine]

Thanks again for the answer isn't it risky what if they find out what could be the consequences .?

 

[truesmile]

Find out what? No one here is suggesting that you hide anything . . . OR the fact that you are IN Canada but submitting an 'outland' application. It is completely acceptable and in fact CIC invites you to do so for potentially faster processing timelines (which depend on the outland Visa Office that will be processing your application).

 

[Nicotine]

Ok then the best option for my familly and I is to 1st apply for a visitor visa then to submit a Outland app and cross our fingers, but what about if the visa expires would I be able to renew or extend my visa while going through the process .?

 

[computergeek]

Ok then the best option for my familly and I is to 1st apply for a visitor visa then to submit a Outland app and cross our fingers, but what about if the visa expires would I be able to renew or extend my visa while going through the process .?

Normally, CIC will allow you to extend your visitor status while an application is in process.

Two comments:

- It is not true that one does not have any appeal options of the refusal of an inland application. You may request judicial review in Federal Court, but the grounds of such an application are narrow (it is a review of process and law and there are no humanitarian concerns). However, inland refusals are unusual and based upon the description of your case I cannot imagine any scenario in which you would be refused. With that said, I'd suggest applying outland will be faster for you - 6 weeks for spousal approval and then 8 months for PR approval - 9.5 months total, which is much better than the 14 months for inland PR approval.

- I would suggest that you apply before going to Canada. All you need to do is show that you have a concrete plan to return. This can include support letters from family indicating you can stay with them while getting settled and evidence your sponsor (and/or you) have looked at employment opportunities and are seeking employment as much as possible given the circumstances. Once you have sponsor approval, you can then travel to Canada. Normally, you would be granted visitor status for the processing time of your application.

Good luck!

 

[Nicotine]

Thank you very much for those precious info which will certainly help us taking the right decisions

The thing is my wife left Canada in 2002 and all the familly members there moved to the Uk and pretty much all her friends are god only knows where just to say that she lost all contact except may be for one or two which are still on her Skype list that is why it is a little bit hard to provide evidences about our will to move back there however, we can prove that we will be able to support ourselves financially for example I don't know if this is how it work

 

[tuyen]

It is not true that one does not have any appeal options of the refusal of an inland application.

Well...according to the CIC web site, there's no appeal option:

It is usually faster to apply to sponsor a spouse from outside Canada. However, the requirements to immigrate to Canada are the same in both cases.

Some differences between the processes:
Inside Canada

average of 12 to 18 months to process routine applications
no right of appeal
you are advised to stay in Canada while your application is being processed (If you leave Canada and cannot re-enter, the application will be abandoned)
you can send an application for an open work permit with the sponsorship application (the permit will be issued as soon as you are eligible for it)

Outside Canada

average of 6 to 12 months to process routine applications
right of appeal
you can leave and re-enter Canada while your application is being processed as long as you meet all requirements to enter Canada
if you want to work in Canada while your application is being processed, you must apply for a regular work permit

It would seem to me that if they did have an appeal option, they wouldn't go out of their way to specifically tell you "no right of appeal".

You may request judicial review in Federal Court

Okay, so where on the CIC web site did you read this regarding SPOUSAL applications?
The only mention of "judicial review in a federal court" that I could find was in the REFUGEE section:

http://www.cic.gc.ca/english/refugees/inside/appeals-review.asp

But nothing even remotely similar exists in the Family Sponsorship section that I could find.

 

[tuyen]

The thing is my wife left Canada in 2002 and all the familly members there moved to the Uk and pretty much all her friends are god only knows where just to say that she lost all contact except may be for one or two which are still on her Skype list that is why it is a little bit hard to provide evidences about our will to move back there

Your biggest problem will be the fact that your wife has been gone from Canada for 10 years. This means that if she tried to sponsor you while living in Algeria, your chances of getting approved are basically zero. The reason is because they would look at your current situation and they would think that you were just trying to get Canadian citizenship without having any desire to actually live in Canada.

however, we can prove that we will be able to support ourselves financially for example I don't know if this is how it work

There are two ways you can do that:
1) show proof that you have a significant amount of money in your bank account which would allow you to get a place to live, pay for food, clothing, and all the basic requirements of life for at least one year while you look for work
2) show that you and/or your wife have a job offer and a place to live waiting for you in Canada as soon as you arrive

If you can provide them with either of those things, it will definitely help, but the problem is you will still not be able to convince them that you have a genuine INTENTION of living in Canada. They will look at your application (even with proof of your finances), and they will say, "well...if they have the ability to support themselves in Canada, why have they been living in Algeria for the last 10 years?"

For that reason, your only real chance is for her to return to Canada and sponsor you.