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Inland application

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Frank25

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Hi, I got to Canada last december with a work permit for 1 year, I met a Canadian woman and we started a relationship, my visa expires in december 2011 but we are getting married before. so I just need to know what should we do or have before she applies for sponsorhip? what do you recomend me? I mean, we do have a ral relationship and she is even 6 months pregnant so, we jsut want to do everything right. please I'll really appreciate your help.
 

Kedeisha

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Apr 15, 2011
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So you are in the situation that you want to sponsor your foreign spouse for permanent residency of Canada and don't know where to start. Here are some tips:

Married, common law or conjugal partners

First you need to pick an application class. There are three of them: married, common-law and conjugal. For all of them, you need to prove the genuineity of your relationship. For common-law, you need to prove that you have lived together for 12 months or longer. For conjugal, you need to prove that you have combined your affairs as much as possible but there are real immigration barriers or other barriers preventing you from living together or getting married. Conjugal is the hardest to prove. For example, if your partner could get a visit visa to come to Canada for 6 months and then apply for an extension to get the full year, even though they will not be allowed to work, that is not considered an immigration barrier. An immigration barrier is if your partner tries to get a visit visa to come to Canada and is repeatedly refused. Some people have had luck with the conjugal class but try to avoid it if possible.

Outland or inland?

Now you need to decide if to apply outland or inland. If your spouse is not in Canada and can not get a visa to go to Canada, you must apply outland. That means that you will send your application to Mississauga and they will approve you as a sponsor. The time that takes is usually 1-2 months to but current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship After that, the application is forwarded to your local visa office. If your spouse is residing in a country other than the country of their nationality, you can pick which of the two visa offices you want. Otherwise it will be processed in their country of nationality. You can see the processing times here: http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp

If your spouse is staying in Canada as a visitor or on some other visa, you can pick whether you want to apply outland or inland. Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it's being processed. Inland has the downside that it's generally not advised that your spouse travels while you are waiting for your processing because it is a requirement of inland that they reside in Canada and if they are denied entry at the border for some reason, your application is gone. If an interview is required for inland, you may also have to wait a long time for it. The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months. The current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res Then the file is forwarded to your local CIC office where you live and they will contact you for a landing appointment. Getting the PR with inland usually takes 12-18 months. If an interview is required for inland, Vegreville will not give first stage approval but instead will forward the application to the local CIC office without it and you will have to wait for them to have time for your interview. In some cases that can take a year or two. If you do get the first stage approval, your spouse will usually be eligible for health care and an open work permit. It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it's tied together.
Which method to pick depends on your situation. If your spouses country of nationality has a long processing time or your spouse does not want to have to travel there for a possible interview, then inland is the way to go. For faster processing and freedom of travel during the processing time, outland would be better. You can find the application forms for inland at http://www.cic.gc.ca/english/information/applications/spouse.asp and the application forms for outland at http://www.cic.gc.ca/english/information/applications/fc.asp

Avoiding potential problems with your application

The most common reason for people to be called for an interview is that the visa officer has doubts about the relationship being genuine. It is up to you to send immigration some quality data, emails, chat logs, phone records, photos, letters and other material to prove to them that your relationship is the real thing. Other reasons you might have problems with is eligibility of the sponsor. The sponsor can not be on social assistance, can not be bankrupt and can not have a record of violent crimes or crimes against family members. If that is the case, better talk to a lawyer and get that cleared up before attempting to apply.

Dependent children

If your spouse has dependent children, they must be included in the PR application, even if they are not coming to Canada. They will need to have medicals as well to keep the option open to sponsor them later. The only way that immigration will accept the application without those medicals is if the children are no longer minors and refuse to have it or if the children are in the full custody of their other parent who refuses to make them available for medicals. In that case, your spouse needs to sign a statement stating that they know that they will never be able to sponsor these children to Canada in the future.

Dependent children are classified as single and either under 22 years of age or if they are older, they must have been full time students since before age 22 or dependent on their parent due to a disability or medical problem.

Refusals due to income and medicals

You will be asked to provide information about your income but you will not be denied to sponsor your spouse and dependent children because you do not make enough money. It is possible though that if you make absolutely no money at all that immigration may ask you how you plan to support yourselves.

Spouses and dependent children are also exempt from the clause about excessive demand on health care so you do not have to worry about them being refused for that reason.

Sponsoring your spouse while living in another country

If you are a Canadian citizen, you can sponsor your spouse without being in Canada but you do then have to prove that you are planning on moving to Canada when your spouse gets approved for permanent residency. Such proof can include having arranged jobs, being accepted to college, having arranged housing or letters from friends & relatives stating that they know of your plans and that you can stay with them while you look for housing etc.

If you are a PR, you must reside in Canada in order to sponsor your spouse. You can chance short vacations (remember that a Canadian vacation is generally no longer than 2 weeks) but if immigration finds out that you are not in Canada, you risk getting your application refused.





Quote from LEON
 

Angus

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Sep 15, 2011
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Hi Frank, you would probably have to wait till you are married to apply for sponsorship. To apply under Common-Law you would of had to of lived together for 1 year. I'm assuming since you arrived in December 2010, you wouldn't meet that criteria as yet.

Start getting all your documents, police checks, forms and everything together, then the second you have the marriage certificate, send it all in. Also seeing as the relationship is under a year (tho I'm not saying true love can't happen in that time :)), make sure to include letters from friends and family vouching for the validity of the relationship and also joint bills, rental lease, anything that you have.

Also be sure to complete an Open Work Permit application, that way you will be under implied status and can continue working till AIP is granted (looking at 10-11mths at the moment) - http://www.cic.gc.ca/english/pdf/kits/forms/imm1249e.pdf

Make sure you send it all together via courier or Canada Post with a signature.
 

BenderS

Star Member
Jul 25, 2011
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November 4 2010
Doc's Request.
August 23, 2011
Tell her, to get her Option C Notice of assessment ... seems to be the bain of everyones document checklist existance! haha took me and hubby 4 months to gether everything, so start early!
 
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Frank25

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Thank you very much for you help, I really appreciate.
I just have a last question. my girlfriend and me have been together for 5 months already, she is pregnant but she only has a part time job. do you think that it's or it'isn't a good idea to tell cic that we are pregnant? I mean, as she only has a part time job and do you think that they will think that we haven't been together for long enough to consider us a genuine relationship? what can happen if I stay after my visa expires and then some months later we appy? what is the best thing to do?
 

Angus

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Sep 15, 2011
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You will need to tell them that you are expecting a baby.

If you stay after your visa expires, make sure you do so legally. If you don’t, CIC may find this as a reason to deny you PR.

A few months before your current visa expires, fill out the same form (per the link above) and apply to stay as a visitor. You can’t work, but at least they can’t come back at you for this once you do apply.
 

Angus

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Sep 15, 2011
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Haha and yes - the Option C!!! Request that soon.

Our first requested copy just didn't show up and then by the time the second one arrived (due to the postal strike) I think we waited 2 or 3 months
 
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Frank25

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but, do you think that the fact that we are expecting a baby will be a reason for them to deny our application? or will that help?
 

CharlieD10

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Sep 5, 2010
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File Transfer...
09-05-2011
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Frank25 said:
but, do you think that the fact that we are expecting a baby will be a reason for them to deny our application? or will that help?
It won't help, in the sense that it won't make them process your application any faster, neither will it hurt by causing the process to take longer.

It MIGHT (big emphasis on the might) help with proving the genuineness of your relationship, but don't expect it to outweigh any other factors as far as proving this. In other words, don't expect them to think you are genuinely her spouse just because you are having a child together, and provide no other proof of your inter-dependency and intermingling of your affairs. A baby is just one factor in the overall assessment of an application.
 
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Frank25

Guest
Ok, but might it hurt by causing a refusual of the application? along with the time that we have been together? can they take that into consideration, and not to keep you any more. when you apply inland it means that you have to stay until they give and answer or you still have to leave Canada before you visa expires? I ask this because people tell you different things and just make you confuse. thank you..
 

canadianwoman

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Nov 6, 2009
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Her being pregnant won't hurt the application. It may help, as CharlieD10 says.
If you apply inland, you can stay for the duration of processing. If you leave (which is not recommended, but is safe enough for an American) and cannot get back in to Canada, your PR application will be denied.
If you apply outland, you can still be in Canada while you wait, but you will be a visitor.
 
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Frank25

Guest
Ok, it means that if I apply outland I don't have to leave the country or do I have to leave it? or I just can stay in Canada? what happens if I apply outland and I need an interview. do I have to travel to my country?
 

Kedeisha

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Apr 15, 2011
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apply outland u can stay as long as u have status in Canada if you have an interview you do have to travel home for it
 
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Frank25

Guest
Hi, I would like to ask you something. in the application to change condition, extend my stay or remain in Canada, they ask you. how much money do you have to sopport your self in Canada, I mean my wife will be sponsoring me, do I still need money in my bank account so they can approve my application? I ask you this because Im thinking to apply for an open work permit. thank you an advance for your help.
 

CharlieD10

VIP Member
Sep 5, 2010
5,849
185
123
Northern Ontario
Category........
Visa Office......
KGN
Job Offer........
Pre-Assessed..
App. Filed.......
15-02-2011
File Transfer...
09-05-2011
Med's Done....
17-01-2011, 08-03-2012
Interview........
Waived
Passport Req..
30-3-2012
VISA ISSUED...
13-04-2012
LANDED..........
06-06-2012
Either or both of you needs to show that you can support yourself or you have adequate support, so yes, you still need to attach some kind of proof of funds even if she is sponsoring you.