Applying for Family Sponsorship, some application questions

[andrew-brit]

Hello,

I am a British Citizen and I am married to a Canadian citizen. We are in the process of preparing our spousal sponsorship application and have some questions.

1. On the CIC website it states that the sponsor (my wife) should apply to be a sponsor first. Then once or if approved I (principal applicant) should apply for permanent residence, is this correct?
If it is correct, do we include the letter stating that my wife is approved to sponsor in my PR application?

2. I am currently in Canada as a visitor, which bracket should we apply under? Person to be sponsored lives outside of Canada or Person to be sponsored lives in Canada?
Technically I am a resident of the UK but I am currently "in" Canada, does that have any impact on my application? I do not want to provide incorrect information on the application.

3. Assuming I apply for the Person to be sponsored lives outside of Canada, when in the process is a work permit visa issued? Once this is issued can I return to Canada, work and wait until the sponsorship is complete?

Thanks a lot for your help!


Andrew

 

[Alurra71]

Hello,

I am a British Citizen and I am married to a Canadian citizen. We are in the process of preparing our spousal sponsorship application and have some questions.

1. On the CIC website it states that the sponsor (my wife) should apply to be a sponsor first. Then once or if approved I (principal applicant) should apply for permanent residence, is this correct?
If it is correct, do we include the letter stating that my wife is approved to sponsor in my PR application?

2. I am currently in Canada as a visitor, which bracket should we apply under? Person to be sponsored lives outside of Canada or Person to be sponsored lives in Canada?
Technically I am a resident of the UK but I am currently "in" Canada, does that have any impact on my application? I do not want to provide incorrect information on the application.

3. Assuming I apply for the Person to be sponsored lives outside of Canada, when in the process is a work permit visa issued? Once this is issued can I return to Canada, work and wait until the sponsorship is complete?

Thanks a lot for your help!


Andrew

1. Both the sponsorship application (your wifes) and your PR application (yours) must be included together in one package sent to CIC. Where you send these completed applications depends on how you are going to file for your PR visa.

2. Your particular location on the planet only has bearing if you intend to file for an 'inland' application. If you do this, you MUST be residing in Canada with your spouse. You also have the option of applying outland, even if you intend to stay in Canada with your spouse while your application is being processed.

3. If you apply outland, there is not work permit given, only your COPR at the end of the process in which you land and no longer require any kind of work permit. If you apply inland, you can also include an OWP with your application (I hear it should be put into a separate envelope marked to be processed when your AIP is granted) and once your AIP is granted it will be processed and you can then begin working legally. This is currently taking about 11 months to get to this stage. If you apply outland, it is entirely possible that your application would be completed and you could be landed before this first stage is even completed inland. There are never an garuntees on these things though.

 

[andrew-brit]

Thank you Alurra71, some follow up points

1. Where you send these completed applications depends on how you are going to file for your PR visa.

Okay, so it is the processing centre in Mississauga for outside, correct?

2. Your particular location on the planet only has bearing if you intend to file for an 'inland' application. If you do this, you MUST be residing in Canada with your spouse. You also have the option of applying outland, even if you intend to stay in Canada with your spouse while your application is being processed.

If I apply for an inland application what is my status in Canada? I am currently in Canada as a visitor, will I receive implied visitor status while my application is processed? If I apply for outside, do I get any implied status while the application is processed?

3. If you apply outland, there is not work permit given, only your COPR at the end of the process in which you land and no longer require any kind of work permit. If you apply inland, you can also include an OWP with your application (I hear it should be put into a separate envelope marked to be processed when your AIP is granted) and once your AIP is granted it will be processed and you can then begin working legally. This is currently taking about 11 months to get to this stage. If you apply outland, it is entirely possible that your application would be completed and you could be landed before this first stage is even completed inland. There are never an garuntees on these things though.

Sorry but what does AIP stand for? So the quickest way for me to be able to work would be to file the outside Canada application, in your opinion?

Thanks.

 

[screech339]

You must submit an OWP with the PR application if you wish to maintain "implied status" in Canada for inland application.

AIP = Approved in Principle. This is the stage where the sponsor is approved to be a sponsor and the applicant is approve for PR application.

 

[Alurra71]

Thank you Alurra71, some follow up points
Okay, so it is the processing centre in Mississauga for outside, correct?
If I apply for an inland application what is my status in Canada? I am currently in Canada as a visitor, will I receive implied visitor status while my application is processed? If I apply for outside, do I get any implied status while the application is processed?
Sorry but what does AIP stand for? So the quickest way for me to be able to work would be to file the outside Canada application, in your opinion?

Thanks.

Yes, Mississauga for outland processing.

If you are currently on a visitor visa and include an OWP with an inland application, you will be on implied visitor status until your OWP is either accepted or rejected. If you leave the country at any time while on implied status, you loose that status, so keep that in mind.

If you file outland and your visitor visa is current, you can file roughly 30 days before your current visa expires to have it extended. They USUALLY will extend them without too much difficulty. The good part about outland, is that you are not on implied status and you can indeed leave the country for a vacation/emergency without fear.

If you leave while an application is in process inland if you are for some reason refused re-entry, you application will be considered abanadoned and you would need to start all over again with an outland application. Now, those refusals are far and few between, however the risk is ALWAYS there and do you want to test the waters to see if you could be the winner of that particular prize? LOL

AIP = approval in principle. This is what the end of stage 1 looks like. When your sponsor is approved to be your sponsor and your application for PR will begin processing. If you apply Inland with an OWP at this point you will get your permit and be allowed to work. If you apply outland, at this point your file will be sent to your local VO and there are no work permits available as I stated before.

 

[ghunter]

Because you are applying through London VO (which is one of the fastest offices), I would definitely recommend applying Outland - on the time-frame for Outland you will likely have your full COPR before you even get the first stage of an inland application.

Take a look at the spreadsheet in my signature which shows the actual processing time that people applying through the London VO have been having.

 

[andrew-brit]

Thank you ghunter.

One more thing, I received legal advice that it doesn't matter that my wife is a student and is not making an income (and is on student loans). I am the one who is supporting her, which is why I need to be able to work as fast as possible. Our legal advice mentioned that it would be OK for her to write a letter with her sponsorship application explaining the circumstances and that she will begin working in June 2014 (when she graduates). Is this appropriate advice?

 

[screech339]

Thank you ghunter.

One more thing, I received legal advice that it doesn't matter that my wife is a student and is not making an income (and is on student loans). I am the one who is supporting her, which is why I need to be able to work as fast as possible. Our legal advice mentioned that it would be OK for her to write a letter with her sponsorship application explaining the circumstances and that she will begin working in June 2014 (when she graduates). Is this appropriate advice?

That is good. Have your wife have letters from her family saying they will support you until you and your wife gets a job. She needs to convince CIC that she will not go on welfare.

 

[Alurra71]

Thank you ghunter.

One more thing, I received legal advice that it doesn't matter that my wife is a student and is not making an income (and is on student loans). I am the one who is supporting her, which is why I need to be able to work as fast as possible. Our legal advice mentioned that it would be OK for her to write a letter with her sponsorship application explaining the circumstances and that she will begin working in June 2014 (when she graduates). Is this appropriate advice?

Yes, that would be fine. All she need do is explain that you are the primary bread winner, that she is currently in school and what her plans are when she graduates in June. Kind of give a synopsis of what her degree is, what kind of job she hopes to obtain what kind of income she can generate from it and also you can include your job outlook for when you are granted your PR status. All of these things will help. Also, what Screech said, if you or she has family that is willing to help support you until you guys are on your feet then include letters from them as well. If you give them a good airtight case, it is easy to get through.