New spouse sponsorship rules and questions

[italianbaker]

My boyfriend currently resides in Canada and I am planning to come over through the Canadian International Experience programme to work for 6 months and then have my stay extended for a further 6 months (as a visitor. As an Italian I can only do 6 months of work and then another 6 as a tourist.)

We would like to get married during that time so that we can keep on living together, however I am at a complete loss when it comes to what we should be doing and what is going to happen. I have researched a bit online but I haven't got the full picture of the situation.

What I would like to understand better is:

1) what would be the best time to marry so that we have enough time to sit and wait for CIC to approve the sponsorship (eg should we allow enough time for me to have at least my other 6 months as a visitor.) Or can I stay in Canada even if my visitor's visa has expired given we've applied for sponsorship? I read this on the CIC website but find it a bit strange.. "You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada."

2) what happens when we send over the sponsorship? given the rules as to when you get your PR have changed recently, I would only be able to get that two years into the marriage, do we then just wait those two years for me to apply for PR?

3) would I be able to work within those two years and between the time we send the sponsorship application and when they approve it (I have checked the processing times and this can be up to 12 months from within Canada, it would be longer if I were in Italy..)

4) are we both going to be interviewed at some stage by the CIC officers? I am not sure at what stage of the process this would happen, if after the marriage or after the application is sent through. is it really as daunting and complicated as it sounds? as a same sex couple do you think we will face longer waiting/discrimination or further questioning etc

I can't wait to get over there and start a new life with him and would appreciate your help greatly!

Thank you so much

 

[sakamath]

My boyfriend currently resides in Canada and I am planning to come over through the Canadian International Experience programme to work for 6 months and then have my stay extended for a further 6 months (as a visitor. As an Italian I can only do 6 months of work and then another 6 as a tourist.)

We would like to get married during that time so that we can keep on living together, however I am at a complete loss when it comes to what we should be doing and what is going to happen. I have researched a bit online but I haven't got the full picture of the situation.

What I would like to understand better is:

1) what would be the best time to marry so that we have enough time to sit and wait for CIC to approve the sponsorship (eg should we allow enough time for me to have at least my other 6 months as a visitor.) Or can I stay in Canada even if my visitor's visa has expired given we've applied for sponsorship? I read this on the CIC website but find it a bit strange.. "You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada."

2) what happens when we send over the sponsorship? given the rules as to when you get your PR have changed recently, I would only be able to get that two years into the marriage, do we then just wait those two years for me to apply for PR?

3) would I be able to work within those two years and between the time we send the sponsorship application and when they approve it (I have checked the processing times and this can be up to 12 months from within Canada, it would be longer if I were in Italy..)

4) are we both going to be interviewed at some stage by the CIC officers? I am not sure at what stage of the process this would happen, if after the marriage or after the application is sent through. is it really as daunting and complicated as it sounds? as a same sex couple do you think we will face longer waiting/discrimination or further questioning etc

I can't wait to get over there and start a new life with him and would appreciate your help greatly!

Thank you so much

I don't have answers to all your questions but can help with some mis-interpretation of rules you have done.
The easiest one first:
2) The new rules does not mean you can get PR (or can apply for PR) after 2 years of marriage. You can apply as soon as you are married. However, once approved, you would get a 'conditional PR' this is the same as the normal PR, with the condition that if anything goes wrong with the marriage within 2 years, your PR can be revoked. If everything is fine, then you continue to be a PR.

1) You can marry whenever you are ready to marry. Don't make it appear that you are getting married to get a PR. You and your spouse would have to convince the visa officer that the marriage is genuine. Some of the things they look for are:
- how well the two of you know each other
- how was the marriage performed
- did the families participate
- how do you stay in touch with each other
- how long you have known each other
Some stronger proofs are:
- joint bank account
- joint ownership of property
etc.

3) Once your PR is approved, you are allowed to work (even within the first 2 years of your Conditional PR). whether you can work when your application is in process, depends. If you apply Inland (within Canada), then you get what is called an 'Implied Status' You have to submit an application for LV along with your PR application. This would mean that till your application is finalised, it is implied that you are allowed to stay and work.

4) Whether you and your spouse would be interviewed or not depends on how strong a case you make with your application. If the visa officer is convinced of the relationship, an interview may not be required. If they have any questions or doubts, they ask either or both of you to attend an interview.

 

[italianbaker]

Thank you sakamath for your answers.

Is there anyone who can clear up for me what the difference is between sponsorship of a spouse and PR? Do you automatically get PR if your sponsorship application is successful?

Also, as I mentioned previously in my post there was something I read on the CIC site that I didn't understand.. "You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada."

Does this mean once we apply for sponsorship I can stay in Canada even if my visa has expired??

Thank you!!

 

[DCGelfling]

Thank you sakamath for your answers.

Is there anyone who can clear up for me what the difference is between sponsorship of a spouse and PR? Do you automatically get PR if your sponsorship application is successful?

Also, as I mentioned previously in my post there was something I read on the CIC site that I didn't understand.. "You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada."

Does this mean once we apply for sponsorship I can stay in Canada even if my visa has expired??

Thank you!!

Not quite. CIC won't refuse your application if you don't have status, but if you do let your legal status lapse, the CBSA can and may have you deported, at which point an inland application gets dropped. There are ways to extend status beyond the 6 months for visitors; they gave me a visitor record good for a year when I came to live with my husband while waiting for PR, for instance.

Sponsorship and PR are different but related. Sponsorship approval says the Canadian is eligible to sponsor a spouse, while the PR approval says the spouse is eligible for PR. (or whatever the relationship in question is, if not spousal).

 

[italianbaker]

Not quite. CIC won't refuse your application if you don't have status, but if you do let your legal status lapse, the CBSA can and may have you deported, at which point an inland application gets dropped. There are ways to extend status beyond the 6 months for visitors; they gave me a visitor record good for a year when I came to live with my husband while waiting for PR, for instance.

I am not sure I get what you mean. They won't refuse my application for not having a status but if the status as expired they might have me deported? This sounds contradictory, or I am just being thick lol.

Did you get married, applied for sponsorship and then showed them your application so they could extend your visitor's visa?

Sorry about being thick. I just want to do everything the right way!

 

[amikety]

I am not sure I get what you mean. They won't refuse my application for not having a status but if the status as expired they might have me deported? This sounds contradictory, or I am just being thick lol.

Did you get married, applied for sponsorship and then showed them your application so they could extend your visitor's visa?

Sorry about being thick. I just want to do everything the right way!

If you apply Inland while holding a valid visitor's status (TRV or Visitor's Record) the Inland PR application will automatically extend your visitor's status until a decision is made. This is called Implied Status and only valid in certain situations. (For example, it doesn't work with Outland status.)

As far as staying 6 months, that's the default for a passport stamp without a written date - however, you can attempt to extend your stay in Canada. You're visa exempt, so it probably won't be that hard for you unless you have a criminal history or have been deported before. All you need to do is file for an extension of your visit either by mailing a paper application or filing out the online application with MyCIC. Visa exempt visitors have gotten extensions for 1-2 years, so don't stress too much. The only thing you will need is your passport and proof of financial status (meaning you have support and don't need to work under the table for food and rent money). Personally, I supply three paystubs from my husband. If you've filed for PR, tell them (they will know anyway) and offer proof - such as - "We have applied for PR on X/XX/XXXX date and I can supply a copy of my payment receipt and medical receipts as confirmation."

http://www.cic.gc.ca/english/visit/extend-stay.asp

It's also possible for you to obtain a LMO and get a work permit. If your job supports this - great. Just remember that there is NO implied status from the Working Holiday visa to a Closed Work Permit. You're also allowed to search for work with a new employer, get a LMO, and apply for a Work Permit (which you can do at the USA border).

There's many American-Canadian couples and Americans are also visa exempt, so their experiences might be of value to you. I recommend using the search bar at the top right of the screen and search terms such as "American entering Canada" "American extending visit" or "visa exempt extending visitor." (I only suggest American because I know there's a bunch of us. England and Australia work too... really any visa exempt country does.)

FYI - check how long it takes to get your police clearance done and do it first. This seems to be the biggest issue for some people. They need to be mailed in within 3 months of getting them, but are only valid for one year.

Do medicals last as they expire within a year of getting them done. Timing is tricky... but the good news is even if the police check or medicals expire during processing, the VO lets that slide based on their interpretation of your case..... meaning you might not have to re-do them! Yay!

PS: Don't let yourself go without status. If you are deported and given a two year ban, you'll need to apply for ARC before being allowed to become a PR.

 

[italianbaker]

The thing is I want to work under the Canadian Experience programme for the first 6 months and then ask to have my stay extended for a further 6 months, which would be as a visitor without a visa (just the passport stamp without a date like you say.)

Do you think they would extend it for longer than 6 months? Or did you mean that after those 6 extra months at the end of the full year I'll have been in Canada, they could extend it even further? I am not a skilled worked so not sure how that would work.

I did read about implied status but didn't know how to go about it, if it was an automatic status you get after applying for sponsorship or if I had to apply separately.

On a different note, going back to the difference between sponsorship and PR that you were mentioning earlier. Do they need to be applied for at the same time or one comes after the other?

 

[amikety]

Sponsorship and PR - technically two different applications, but you mail them all together and pay the fees together. The Canadian is first approved for Sponsorship, then you are approved for PR. It's one package and should be mailed complete - the sponsor's checklist will include all of your forms as part of what s/he has to mail in.

As far as the visitor's status, I can tell you my experience and what I've read here.

You'll need to apply to extend your stay at least 30 days before your work visa expires. Since you're going from a work visa to a visitor visa, I would apply sooner because Implied Status doesn't cover changes in visa types. MyCIC online applications currently take about 3 months, so apply 3.5 months ahead of time.

If you live close to the border, that's much easier and faster. Have your bf accompany you and let him explain everything and ask for the VR. It's best if you have some proof you're applying for PR (receipt for the fees works) or marriage license/certificate. They're generally lax on visa exempt visitors, but being prepared is always good.

A VR (Visitor's Record) is an official government document with a seal. It will include a expiration date. I needed it to open a bank account. This is your "visa." As far as how long they approve you for, I can't say. I have found they always give me less time than what I ask for, so I just ask for ridiculous amounts of time now. (I seriously submited a VR request for 18 months and got 1 year.) I've been in Canada legally for 17 months, never having to leave. However, a passport stamp is only six months.

As long as you have valid visitor status, Implied Status will take effect with an Inland application. There are cons to an Inland application, so make sure you research that before picking it.

 

[italianbaker]

Unfortunately I don't live near the border so that isn't an option so I will have to apply for the VR from within Canada on the CIC site or at their offices. Is there a difference in the processing times? You mention I would need to apply for an extension 3 1/2 months before the expiry of my temporary work permit.

Also, I am not sure what the cons of an inland application would be, but I think I would prefer that as I'd get to spend time with my partner. Also the average processing time in Italy is longer than that in Canada so I'm not sure it would be beneficial. Is there anything else I should consider before applying inside of Canada?

 

[amikety]

Online applications are faster right now. 88 days versus 107. I would check this periodically just so you're aware of any changes.

http://www.cic.gc.ca/english/information/times/temp.asp

Make sure you can enroll in the new MyCIC. They did a serious security upgrade not too long ago. I would look into that asap. If not, go paper.

Inland will give you an open work permit after Stage 1 approval (6 months) but it's also not recommended to travel. You would be at low risk since you're visa exempt, but basically if you leave Canada and are denied re-entry, your application is considered abandoned and you have to start over.

Outland allows you to travel. You will be required to keep visitor status on your own (which costs $75 per application) and there's no option for a work permit with the application. You can still search for a job and get a closed work permit if you find the right job, but it's entirely separate. (I wouldn't count on getting a job in this manner unless you have in demand skills or amazing connections.) Since you're visa exempt, you will most likely be allowed to stay in Canada even as an Outland applicant.

Inland versus Outland right now as far as processing times are about equal for Rome. However, if you're legally allowed into the USA, I think you can apply to CPP-O. I will ask around and find out. I believe the way it works is you can apply to any VO that you can get to legally.

 

[italianbaker]

Thank you so much for your help amikety!! I wouldn't mind not being able to leave the country and would prefer to get an open work permit so will probably go down that route.

Can I just ask what a CPP-O that I can apply for at a VO is? Also not sure what a VO is.

Thank you again for your prompt replies and willingness to help me ;D

 

[amikety]

That's Case Processing Pilot Ottawa. It does Family Class for Americans. We're still sent to the USA for an interview (if we have one, rare for us).

I asked a few of my friends and I'll let you know what they say. CPP-O is showing 12 months, although it seems they've ironed out some of their kinks, so hopefully it will get faster!