Being an Afghan Can i apply from india to sponsor my spouse instead of Pakistan?

[Marysom]

I really need to know that can i file spousal sponsorship application in India instead of Pakistan as India takes 10 months to process but Pakistan takes 28 months. I am originally from Afghanistan but is currently living in Canada as a protected person.

 

[Rob_TO]

I really need to know that can i file spousal sponsorship application in India instead of Pakistan as India takes 10 months to process but Pakistan takes 28 months. I am originally from Afghanistan but is currently living in Canada as a protected person.

No. You can't pick and choose what visa office you want. If you apply outland, you can only choose the country where you are a citizen of (for Afghanistan the only option is Islamabad office), OR the country where you are currently a legal resident (so for you would be Canada). That's it as far as I know.

 

[Marysom]

thanks for the prompt reply, my spouse is planning to visit Canada on some other visa so the inbound application so how long the process will take?\

 

[Sweden]

inland application only applies if both sponsor and applicant are in Canada, and both of them have to remain in Canada for the duration of the process... inland is currently 6 months stage 1, and 8 months stage 2, so it would probably be best for you as inland is faster than outland in your case, but you have to make sure that you (and sponsor) stay in Canada for the duration of the process.
Good luck!
Sweden

 

[Marysom]

Thanks Sweden, Since you are a most experienced member of this forum I would like to ask you information about the new rules for the sponsorship. Do i really need to leave for 2 years with my spouse to sponsor him if he is inland sponsorship?

 

[Sweden]

Thanks Sweden, Since you are a most experienced member of this forum I would like to ask you information about the new rules for the sponsorship. Do i really need to leave for 2 years with my spouse to sponsor him if he is inland sponsorship?

Just to be sure: you are a PR of Canada already ? because if you aren't a PR or a citizen, you can not sponsor your spouse.
If you are: then yes. You and the applicant (your spouse) need to live together for 2 years, unless you have been married for more than 2 years already, or have a child together.
see here http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

Good luck,
Sweden

 

[Marysom]

yes I am PR, I recently came to know about the new spousal sponsorship law. Its really not clear for me yet that shall I wait for two years to live with my spouse and then apply for his sponsorship? I am as a protected person not allowed to visit my country and we are planning to get marry in couple of months so what is the best advice for me in such a situation?

 

[Rob_TO]

You never mentioned, but is your spouse also a citizen of Afghanistan? The location of outland visa office that processes the application is determined by the applicant's information (your soon-to-be spouse), not the sponsor (you).

Also the 2-year rule is only for AFTER your spouse has gotten PR. It's conditional on the 2 of you living together for 2 years.

 

[Sweden]

you don't need to wait until you live 2 years with him. the new rule means that once you sponsor him, and he gets his PR, you must stay together as a couple for at least 2 years after he became a PR. He will have a "conditional PR", and after 2 years, if you are still together, he will have a "full PR". The rule is to avoid that people get married to have a status in Canada (for example, he gets married to you, you sponsor him, and a few days after he lands, he runs away and leaves you). But if you are in a genuine relationship, then there is no reason to fear anything.

If he can come to Canada on another visa, and you can get married, the faster ( and best, because then you can live together) is to apply inland. So you can start preparing the file, then he comes to Canada, you get married, you file for Inland sponsorship. Include a open work permit application, and he will be allowed to work after the first stage (6 months usually), and then he will get his PR after the second stage is completed ( average is 8 months). As soon as you apply inland, and if you include an open work permit application (OWP), he will have "implied status", which means that even if his visa expires, he is allowed to stay with you in Canada until the PR application is completed ( stage 1 + stage 2).

Good luck,
Sweden

 

[Marysom]

yeah he is Afghan, I am looking for swift way to sponsor him to Canada. Pakistan process will take 28 months which is very lengthy process. He may get chance to visit Canada soon so I was thinking if its best way to sponsor him right after he gets here?

 

[Marysom]

Thanksssssssss a lot from your detailed information. I have to think for the inland sponsorship

 

[Sweden]

Thanksssssssss a lot from your detailed information. I have to think for the inland sponsorship

Good luck - if he can get a visa to Canada then inland is probably the fastest. BUt make sure that he brings with him all the papers (have a look at the inland guideline) as preparing an application takes time. And to have him under "implied status" you need to make sure that the application is sent before his visa expires. If you are planning on getting married in Canada, then he also needs to prepare for that.
Lots of reading and paperwork to do!
Sweden

 

[Concept888]

Hello everyone,
This is a little related. I am a protected person with my PR application in Stage 2. I am waiting to appear for an interview. However, I just got married to an Australian citizen. I wonder how this will affect my application for PR. Will my PR be refused because now I am married to an Australian citizen. What if I don't plan to move to Australia and my spouse instead wants to move to Canada? Any help will be appreciated. Thanks.

 

[zardoz]

Hello everyone,
This is a little related. I am a protected person with my PR application in Stage 2. I am waiting to appear for an interview. However, I just got married to an Australian citizen. I wonder how this will affect my application for PR. Will my PR be refused because now I am married to an Australian citizen. What if I don't plan to move to Australia and my spouse instead wants to move to Canada? Any help will be appreciated. Thanks.

See my reply in your other post.