Factors that can affect spousal sponsorship application

[kristinaa]

Hi I currently have no status in Canada and only way I can live with my husband is if he sponsors me as his spouse. He's a Canadian citizen by birth. I was advised to go back to my home dcountry and apply from there.

I have a really complicated history involving cops, side piece and in-law drama so I don't know what the odds are for me.

What can cause a refusal of application?

2012
*was under the caregiver visa/temporary worker
*got married in Toronto (guy A)
*had an extramarital affair (guy B)
*was laid criminal charges (complainant: guy B's parents)

2013
*found not guilty
*divorced guy A
*temporary worker visa expired
*applied for tourist visa, denied

2014
*got married to guy B (my side of the family were present, guy B's family weren't present, they hate me til present)
*overstaying in Canada

 

[mikeymyke]

Yes you have a very complicated case indeed, you will likely get an interview for sure, but as for refusal, that's hard to say, it depends on how well you can present your case to the interviewer. I think the main issues they will have with you is that:

-you came to Canada via caregiver/TFW before, applied for a TRV, this shows a strong desire to move to Canada
-you married a Canadian, quickly divorced him for another Canadian, this shows a strong desire to gain PR status in Canada
-you refuse to leave Canada after your visa expired, this shows a strong desire to remain in Canada
-parents of Guy B not attending wedding, not approve of your relationship, filing criminal charges

In addition to those, they will consider other factors such as age, cultural, religious, educational differences between the two of you, language barriers, whether both of you were divorced before, had any children before, how quickly you got engaged/married, etc.

I don't think the criminal charges themselves will do much since they were eventually dropped. Instead, they might ask, well why did they file charges against you? Why do they hate you? Is it because they don't approve of their son marrying someone so quickly who looks like they want to stay in the country?

To answer your question, an application will be refused if it is proven that either you married to gain PR status, OR your marriage is not genuine. In the past, it used to be easier for applicants because CIC had to prove both, but now they only need to prove 1 out of 2. And as far as it looks, it looks like you have an uphill battle to climb because you're going to have to do everything it takes to prove to them you didn't marry Guy B just to stay in Canada, but it might seem like it from CIC's point of view because you've tried to immigrate and visit Canada, you're currently overstaying, and married 2 Canadians.

 

[kristinaa]

Thanks for your objective input.

Is it true that the application process could take twice as long?

My first husband and I had different priorities in life and I felt abandoned. He joined the army and we never lived together.

My second husband is 6 years younger than me. His family is Hindu and we're Christian.

Both our families were against our relationship. His family does believe I'm tricking him My family thinks it's just plain wrong to commit adultery and the fact that his mother won't stop harrassing my whole family just triggered so much problems.

The mother has the habit of harrassing the people her children are dating including their parents. I'm not the first to have a sample of her mother's wrath but she did the most damage to me.

My husband's aunt sorta likes me though or at least she's supportive of her nephew. She bailed me when my in law's put me in jail and she welcomed me in her home when my family kicked me out.

 

[truesmile]

Yes it absolutely could take twice as long. We really need to know what VO will be processing yours. For example, even mikeymike will tell you their application went/is going through one of the most difficult VO's - Singapore, things are different within each one.

 

[kristinaa]

I'll be sending my application to Manila VO.

 

[mikeymyke]

Well it looks like you do have an additional red flag, in that BOTH your families are opposed to the relationship, and in fact one of the families feel you are using him to get PR.

Manila is pretty average in terms of processing time, given the huge # of applications they receive. But when you get an interview request, it can add about an extra year to your processing time, and if you are refused, it can add another year for an appeal, and if you get refused at the appeal, then it's just going to delay your entry to Canada even more.

I'm pretty sure you will get an interview, but it's up to you to prove your case at the interview, otherwise you will have a very long road ahead to get PR.

 

[truesmile]

Yes certainly apply "outland" but remain in Canada (as long as you dare being out of status), as you are permitted an outland application even though you are here. I wouldn't guarantee an interview for you just yet. We'll see.

 

[kristinaa]

I've been waiting for my police certificate and it's been 8 months and it hasn't arrived yet. We couldn't start with the application. Heard there's a chance I could get denied with a missing requirement.

I'm scheduled to come back to the Philippines in a week. My husband is staying. He wants to follow me in 6 months and quit his job and I don't know if this will come off bad?

Also, we have a car under both our names but he's planning to sell it at the end of the year. Can I still use this as a proof of joint ownership later?

 

[truesmile]

Yes, you shouldn't skip any requirements intentionally.

No, it won't come off bad. Your application will hopefully have long since been filed by that time.

The car is completely irrelevant.

 

[Rob_TO]

I've been waiting for my police certificate and it's been 8 months and it hasn't arrived yet.

No police check should take 8 months. It sounds like they lost it in the mail, or you didn't order it correctly.

I would post in the Manila thread on how to properly order your Philippines police check.

 

[kristinaa]

No police check should take 8 months. It sounds like they lost it in the mail, or you didn't order it correctly.

I would post in the Manila thread on how to properly order your Philippines police check.

I meant my Canadian police certificate from RCMP.

I'm in the Philippines at present. My sister advised me to wait a year to send an application because I created such a bad record. She said instead of spousal sponsorship, she'll help me apply for a tourist visa in one year.

 

[kristinaa]

Duplicate post

 

[kristinaa]

After 9 months of waiting my police certificate has been mailed. It'll arrive in my sister's mail. How long do you think this is valid for?

Also, my husband and I use the Android app Kik for text chats and Facebook Messenger for voice calls. Kik only saves the last few messages and I'm not sure how to archive our Facebook conversations? The calls don't show the duration or anything.

How do you guys show proof of continuous communication?

 

[kristinaa]

Will it help that we lived together for almost a year? Our 1-year basement apartment lease will end in November. Both our names are on the lease agreement.

We ran away last year cause literally everyone was against us. My sister is a devoted Christian and she couldn't consent my "adulterer" ways inside her home nor the fact that I was in the process of divorcing my first husband, cause again, religion.

I couldn't get a divorce much earlier because she was my surety when I had pending trial and I was advised by the court and my lawyer to follow all her orders. So when my charges were withdrawn in October, I started my divorce application.

My first husband and I never lived together. He's Filipino-American but we barely had nothing in common aside from being born in the same province. Our relationship was mostly online (Skype) even before I flew for Canada.