FAQ

[sunsun]

1. If I apply outland , where should I send my applications ?
http://www.cic.gc.ca/english/information/offices/canada/mississauga.asp

2. If I apply inland , where should I send my applications ?
http://www.cic.gc.ca/english/information/offices/canada/vegreville.asp

3. Should I use an immigration lawyer ?
It is up to you and depend of your case

4. Can an immigration lawyer speed up my applications or will given first priority in process ?
No

5. Can I sponsor my brothers , sisters who are already over 20 years old ?
No

6. Where can I find the application forms ?
For Inland : http://www.cic.gc.ca/english/information/applications/spouse.asp
For Outland : http://www.cic.gc.ca/english/information/applications/fc.asp

7. I am from A country and my girl friend from B country , my uncle is Canadian citizen , can he sponsor us ?
No

8. If my extend visitor visa is refused , can i be arrested ?
No. You will receive a letter from CIC tells you to leave

9. How long for processing time for inland and outland applicants ?
http://www.cic.gc.ca/english/information/times/perm-fc.asp

10. What is the new law for spousal sponsorship?
http://www.cic.gc.ca/english/department/media/releases/2012/2012-10-26.asp
http://www.gazette.gc.ca/rp-pr/p2/2012/2012-11-07/html/sor-dors227-eng.html

11. Which are relationship that are not eligible?
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

you are under 16 years of age
you (or your sponsor) were married to someone else at the time of your marriage
you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person
your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident.


To : Seniors members of this forum , please add other FAQ so new members can read it and no need to ask the same questions again and again ...Thank you...Arigatou Gozaimasu...Xie-Xie...Kob Khun Krap...Dhanyavaad...Maraming salamat...Cám ơn...Terima kasih...tack så mycket...Schönen Dank...merci beaucoup...Gracias...Grazie tanto...Dank u...Takk så mye...ধন্যবাদ ...Shukran...shukriya...Dank u wel...

 

[scylla]

5. Can I sponsor my brothers , sisters who are already over 20 years old ?
No

Actually - it depends.

If you have no family in Canada (e.g. no children, no spouse or partner) and if both of your parents are deceased, then you may qualify to sponsor a sibiling over 20 in the other family category.

 

[sunsun]

Thank you Scylla.....

 

[Aldagr813]

Thanks for the info.....

 

[sunsun]

12. Where should I go for medical exams ?
http://www.cic.gc.ca/dmp-md/medical.aspx

13. Do I need send original police certificate or just copy one ?
You must send original police certificate
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5443E.pdf

14. How much should I pay for spouse sponsorship ?
http://www.cic.gc.ca/english/information/fees/fees.asp

15. How can I change my address ?
http://www.cic.gc.ca/english/information/change-address.asp

 

[sunsun]

16. What is a UCI ?
UCI stands for “unique client identifier.” It is also known as a client identification number (client ID). It appears on official documents you get from Citizenship and Immigration Canada (CIC). It has four numbers, a hyphen and four more numbers. (Example: 0000-0000).

If you are applying to CIC for the first time, you will not yet have a UCI. If so, and you are filling out a form that asks for one, write “Not Applicable” or “N/A” in the space provided.

17. Do you know CIC Call Center phone number ?
http://www.cic.gc.ca/english/contacts/call.asp

18. Do you know any good immigration lawyers ?
You can contact the owner of this website , Mr. David Cohen

 

[sunsun]

19. Can you give me the example of Interview questions ?

do you know why you are here?
when was the first contact with your wife?
how did you meet her?
who made the first contact?
what is your wife's name?
what do you call her?
how old is your wife?
when is her birthdate?
where does your wife work?
what does she do there?
she's lived in different countries, what has she done there?
do you know your wife's family members?
what contact have you had with them?
have you travelled together?
where did you travel together?
did you have a honeymoon?
your wife is divorced, right?
when is her birthdate?
where does your wife work?
what does she do there?
she's lived in different countries, what has she done there?
do you know your wife's family members?
what contact have you had with them?
have you travelled together?
where did you travel together?
did you have a honeymoon?
your wife is divorced, right?
when is her birthdate?
where does your wife work?
what does she do there?
she's lived in different countries, what has she done there?
do you know your wife's family members?
what contact have you had with them?
have you travelled together?
where did you travel together?
did you have a honeymoon?
your wife is divorced, right?

 

[sunsun]

20. What does Implied Status mean ?
If your visitor visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident (visitor) until a decision is made on the application. This is known as implied status.

21. Can I sponsor my relatives ?
You can sponsor:

brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship
another relative of any age or relationship but only under specific conditions (see Note below)
accompanying relatives of the above (for example, spouse, partner and dependent children).
Note: You can sponsor one relative regardless of age or relationship only if you do not have a living spouse or common-law partner, conjugal partner, a son or daughter, parent, grandparent, sibling, uncle, aunt, nephew or niece who could be sponsored as a member of the family class, and you do not have any relative who is a Canadian citizen or a permanent resident or registered as an Indian under the Indian Act.

Who cannot be sponsored

Other relatives, such as brothers and sisters over 18, or adult independent children cannot be sponsored. However, if they apply to immigrate under the Skilled Worker Class, they may get extra points for adaptability for having a relative in Canada.

 

[Sweden]

20. What does Implied Status mean ?
If your visitor visa expires after you have submitted your application for an extension of your authorization to remain in Canada, you will be considered in status as a temporary resident (visitor) until a decision is made on the application. This is known as implied status.

It's only valid for Inland application. Visa-exempt nationals that are on a visitor visa and apply outland have to maintain the validity of their own status ( by asking for an extension 30 days before the visa expires, or going to the nearest border and crossing back in) until their PR is approved - there is no implied status with outland applications.
Sweden

 

[sunsun]

Thank you very much , Sweden.... I just copy paste from CIC website because sometimes few new members don't want to read in CIC website or Spousal Sponsorship from Leon...They just want to ask in here and want ASAP answers from senior members

 

[sunsun]

22. Do I need IELTS test ?
No

23. Should I have a University degree to sponsor my husband/wife ?
No

24. Should I have a lot of money to sponsor my husband/wife ?
No

25. What are the requirements for Conjugal Partner ?
This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
an immigration barrier
your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)
you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).
You should not apply as a conjugal partner if:

You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
You cannot provide evidence there was a reason that kept you from living together.
You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.

 

[sunsun]

26. Do I Qualify To Sponsor A Relative?

While a sponsor must demonstrate that he/she is financially capable of sponsoring the relative, some exceptions apply. For example, when sponsoring a spouse or common law partner or a child, you may not need to meet the Low Income Cut-Off Mark (LICO) for sponsorship, although you may still be required to show that you can financially subsist in Canada.

27. What do i appeal ( outland ) ?
Sponsorship Appeal Process

If Citizenship and Immigration Canada (CIC) has refused the application of a Canadian citizen or a permanent resident to sponsor the immigration of a close family member to Canada, the sponsor may appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
Note: A sponsor may not appeal if the family member is inadmissible to Canada because of:

a serious criminal offence punished in Canada by a term of imprisonment of two years or more
involvement in organized crime
security grounds
violations of human or international rights, or
misrepresentation (unless the person is the sponsor's spouse, common-law partner or child)
The sponsor has 30 days after the refusal to appeal to the IAD. Some sponsorship appeals go through an informal alternative dispute resolution (ADR) process. In most cases, a member (decision-maker) will hold a hearing of the appeal according to the IRB tribunal process. The appeal process involves two parties: the appellant and Minister's counsel who represents CIC. The process also usually public, so media or members of the public may attend or report on the proceedings.

If the appeal is allowed and the original decision is set aside, CIC will resume processing the sponsorship application. CIC is bound by the IRB's decision. However, it is possible for CIC to refuse the application on other grounds, and this may also be appealed to the IAD.

Either the Minister of Citizenship and Immigration or the sponsor may apply to the Federal Court of Canada for leave, or permission, for judicial review of the IRB's decision. The Federal Court of Canada will either dismiss the application or return the case to the IAD for re-hearing.

 

[sunsun]

28. What kinds of immigration matters can be appealed to the IRB?
There are several types of appeals that are heard by the Immigration Appeal Division (IAD) of the IRB:
appeals of family class sponsorship applications - for example, of spouses - refused by officials of Citizenship and Immigration Canada (CIC);
appeals of removal orders made against permanent residents, Convention refugees and other protected persons, and holders of permanent resident visas;
appeals by permanent residents who have been found by a visa officer outside of Canada not to have fulfilled their residency obligation; and
appeals by the Minister of Public Safety (representing the Canada Border Services Agency) of favourable decisions at admissibility hearings by the IRB's Immigration Division.

29. What are the grounds for an appeal?
The Immigration Appeal Division (IAD) may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice. In certain cases, the IAD may also give special relief on the basis of humanitarian and compassionate consideration in all the circumstances of the case, which includes taking into account the best interests of a child.

30. How long does it take for an immigration appeal to be decided by the Immigration Appeal Division?
On average, it takes the Immigration Appeal Division (IAD) about 10 months to decide an immigration appeal. This is only an average - some cases are decided within a shorter time, whereas some cases take longer.
The processing time counted by the IAD does not include the time from the filing of the appeal to the IAD receiving the record. Under the IAD Rules , the Canada Border Services Agency (CBSA) or the IRB's Immigration Division has 45 days to provide the record in the case of removal order appeals. Citizenship and Immigration Canada (CIC) has 120 days to provide the record in the case of sponsorship and residency obligation appeals.

31. What is Alternative Dispute Resolution and how does it work?
Alternative Dispute Resolution (ADR) offers a more informal, less confrontational and more consensual approach such as mediation to settle appeals, particularly (in appropriate cases) sponsorship appeals.
The ADR process usually involves an in-person meeting - an ADR conference - that is scheduled to last for one hour. A dispute resolution officer (DRO) conducts the ADR conference with the Minister's counsel (representing Citizenship and Immigration Canada) and the appellant and her or his counsel and assists them to agree to a settlement of the appeal.

32. What happens if someone appeals his or her removal order to the Immigration Appeal Division?
If the appeal is allowed, the removal order is set aside and the person is permitted to remain in Canada. If the appeal is dismissed, the removal order is upheld and the Canada Border Services Agency (CBSA) then has the power to remove the person from Canada.
The Immigration Appeal Division (IAD) may stay the removal order under certain conditions. This means that the removal order will not be acted on for a period of time. At any time after a stay is ordered, the IAD may change the conditions, cancel the stay or change its duration. If the IAD cancels the stay, it will then allow or dismiss the appeal.
Under the Immigration and Refugee Protection Act (IRPA), a stay of a removal order based on criminality will be automatically lifted if the person concerned re-offends or breaks the conditions of the stay. The CBSA may then issue a deportation order to remove the person from Canada without the case returning to the IAD.

33. What happens when a person appeals a sponsorship refusal?
The sponsor has 30 days after the refusal to make an appeal to the Immigration Appeal Division (IAD). The appeal will be heard by a member (decision-maker) following the tribunal process. Some sponsorship appeals go through an Alternative Dispute Resolution (ADR) process. A dispute resolution officer (usually a member of the IAD) encourages the parties to resolve the appeal without a full hearing.
If the appeal is allowed, CIC will resume processing the sponsorship application or it may challenge the decision of the IAD by applying to the Federal Court of Canada for leave for judicial review. It is possible for CIC to refuse the application on other grounds.
If the appeal is dismissed, the sponsor may apply to the Federal Court of Canada for leave for judicial review.
The Federal Court will either dismiss the application by CIC or the sponsor or return the case to the IAD for re-hearing.

 

[sunsun]

34. Why are some people considered inadmissible to Canada?
The Canada Border Services Agency (CBSA) screens people for admissibility to Canada. Citizenship and Immigration Canada (CIC) may, in a limited number of instances, also screen people for admissibility to Canada.
Grounds for inadmissibility include:
failure in some way to comply with Immigration and Refugee Protection Act (IRPA);
posing a security threat;
violation of human or international rights;
involvement in crime or organized crime;
misrepresentation;
health conditions (in some cases).
financial reasons; or
accompanying an inadmissible family member.

35. Who can represent someone appearing before the IRB?
If a fee is being charged for the service, counsel must be a registered immigration consultant or a lawyer. In either case, counsel must be a member in good standing in his or her professional organization. In Quebec, a notary who is a member in good standing of their professional association may also represent an individual before the IRB. If a fee is not being charged, counsel can be any person, including a trusted friend or community member.
While people appearing before any division of the IRB have the right to be represented by counsel, it is the responsibility of those persons to retain (and pay for) counsel if they wish to be represented.

36. I got a letter of removal . Who should I contact ?
In my opinion : CBSA

Types of removal orders

If either a CBSA officer or a member of the IRB's Immigration Division determines that a person has breached the Immigration and Refugee Protection Act, he or she may issue one of the following removal orders:

Departure order: A departure order requires that the person leave Canada within 30 days after the order becomes enforceable.

Exclusion order: A person who has been removed as a result of an exclusion order cannot return to Canada for one year unless the written permission of the CBSA is obtained. However, people who are issued exclusion orders for misrepresentation cannot return for two years without written authorization from the CBSA.

Deportation order: A person who has been removed as a result of a deportation order is permanently barred from returning to Canada. Such people may never return unless they receive written permission from the CBSA.

All three removal orders require the person concerned to confirm his or her departure from Canada with the CBSA.

A departure order automatically becomes a deportation order when someone who has been issued a departure order does not leave Canada as required or leaves Canada without confirming his or her departure with the CBSA.

Departure and exclusion orders are usually issued for less serious violations.

If a person is issued a removal order and files a claim for refugee protection, the removal order does not come into force until the claim has been decided. If the claim for protection is accepted, the removal order is cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave Canada within 30 days of the date of the final determination of the claim or the order becomes enforceable.

In all cases, the individuals and their authorized representatives are informed of the reasons for the removal and are given a copy of the removal order. Family members in Canada who are dependants of the person subject to a removal order may be included in the removal order provided they are not Canadian citizens or permanent residents 19 years of age or over.

 

[sunsun]

37. I need time to buy a return airline ticket . Can I delay my removal order ?
In my opinion , you should contact CBSA

Removals: Reasons for delays

Sometimes there is a delay between the time a removal order is issued and the time the person actually leaves Canada. The reason(s) for this can include the following:

Appeals and legal proceedings: The person has appealed the removal order or may be involved in other legal proceedings, such as a criminal trial.

Claim for protection: The person has claimed to be a person in need of protection and the case has not been heard or decided.

Travel documents: The CBSA may have had difficulty obtaining passports or visas to permit the person to enter another country.

Identity: The person's identity or citizenship cannot be confirmed.

Failure to appear: The person does not appear for removal at the proper time or location, and the CBSA must issue an immigration arrest warrant.

Temporary suspension of removal: Dangerous conditions exist that make it impossible to safely return the person to the country of origin.

Pre-removal risk assessment: The person has applied to the Minister of Citizenship and Immigration to determine if he or she would be at risk (e.g. of torture, of cruel and unusual punishment) if returned to his or her country of nationality.