Sponsoring husband to Canada

[SBatten]

Hello, my husband and I were married recently and we would like for him to immigrate to Canada
through the spousal sponsorship. However we are a bit lost on what to do exactly.

What would be the best course of action?

We have found the Sponsorship and immigration form, butare there other documents we need as well?

Also, when we have all the documents were are we supposed to send them? I've been told to Mississauga however
other sources say he will need to send papers to London.

We were also told that during the time the application is gone through, he may come to Canada and wait for it to process.
Would he have to inform the customs office of him applying for permanent residence? Also, when his time runs out we were told we can call and say he's waiting for his application to come through and they'll extend his stay. Is this right?

Thank you

 

[sbwv09]

Hi there. What happens is that there are two steps to the process. The first is your approval as a sponsor. You have your separate application as a sponsor. The second is the applicant application. BOTH of these, along with the required documents on the checklist such as proof of medical exam and police certificates and proof of your relationship go to Mississauga. After you are approved as a sponsor, THEY send it to the London office to complete the applicant's part.

The forms and information are here: http://www.cic.gc.ca/english/information/applications/fc.asp

Be sure to read both your checklist as a sponsor and the region specific checklist (London) for your partner carefully to see what you must include. Be sure to include a lot of evidence of your relationship and contact with one another.

You are right that he can come as a visitor to Canada while you are waiting for PR. Be very clear that he understands that he is a VISITOR and that he isn't 'moving' to Canada. If 6 months go by and he hasn't gotten his PR, you can apply for an extension, which you also do through the CIC website.

 

[SBatten]

Thank you for all the information you've given us. I have a another question though if you could help us?
When going to buy a ticket to visit, would it be wise to purchase a two-way or is there a way he could buy a one-way
ticket and not be pulled aside and questioned by customs?

 

[louieong]

Hello, Base on my experience, I think it would be wise to purchase round trip ticket. Just not to arouse suspicion. ;D

Good luck.

 

[lands]

Where is your husband from? If he is from a VISA excempt country he need not worry about the ticket, if he is not , then he needs to convince the IO first, and having a two way ticket helps, he needs to show sufficient proof to convince the IO that he will return back to his home country once the VISA expires.

Of course as pointed out by sbwv09 once you are in Canada you can extend your stay.

 

[PMM]

Hi

Where is your husband from? If he is from a VISA excempt country he need not worry about the ticket, if he is not , then he needs to convince the IO first, and having a two way ticket helps, he needs to show sufficient proof to convince the IO that he will return back to his home country once the VISA expires.

Of course as pointed out by sbwv09 once you are in Canada you can extend your stay.

With no Immigration status in Canada, he may find that with a one way ticket the airline may refuse to board him, since if he is refused, they are responsible for the costs of returning him. Return tickets are usually cheaper than one-way anyhow.

 

[beantown]

Hi there, hoping some of the senior members can weigh in here...

I am Canadian, 34 yrs old, hubby is US citizen, 36, and we are married with 1 kid.

We are Outland thru Buffalo and I have been approved as my husband's Sponsor.

At my initiation, I am being transferred to the Toronto office of my company, and am effectively returning to my hometown. We've bought a house in Canada, sold our house in the US, and are moving in June. A reputable van line has been hired to transport our goods, which will arrive several days *after* the 3 of us "land" in Toronto on June 14 (City Center Airport - anyone have experiences with Customs here?) My husband's ticket is round-trip, as he needs to fly back to the US to attend the real estate closing and oversee the movers on June 21.

He then has a one-way ticket back to Toronto on June 22, which i purchased for him this weekend (not thinking how that might look for someone who's supposed to be dual-intent visiting and awaiting PR). Of course my hubby will not be working until he gets approved, but that is not an issue for us.

Does anyone have any thoughts or advice on this?

kind regards,
bean.

 

[iarblue]

You should have consulted someone before you did what you did.If you have a PR in process he may not be able to stay in Canada to wait out the process,as a visitor they require you to prove if his PR is refused or his 6 month visitors stamp(being from the US)runs out he will return to the US.
They do not care you bought a house in Canada and are selling the one in the US.They do not care you are in process,which is a fed flag to allow him into Canada.
He may end up being turned around at his expence to the US and wait out the process.
Being US really does not make any difference,he is still american.(sorry)
So when you arrive in the city center airport i am just saying be preparred he may be sent back home,the best case is you get a really nice officer that gives him a six month stay.

 

[beantown]

I did consult with 2 immigration lawyers.

So you've never heard of dual intent?

When I asked for input from senior members, I was hoping for someone who actually knew what they were talking about.

 

[iarblue]

Read section 5.29 even thhouh he is dual intent does not allow him to come and go as he please as it states

Under the concept of dual intent the fact that a foreign national intends to apply for permant residence does not preclude a stay of temporary nature if the applicant tends to leave and await processing abroad the reason coming to canada should be of a temporary status and officers should be satified the applicant will leave after his autorized stay.

Which he is not in canada and has to still make officers satified he will leave after his temporary stay,which he is not as he is buying a home in canada.so contrary to what you believe he still has to prove he is leaving if his PR or temporary visa expires.

Like i said dual intent does not give you the right to come and go as you please no mater what the situation is.

 

[iarblue]

5.29. Dual intent
Under the concept of dual intent, the fact that a foreign national intends to apply for permanent
residence does not preclude a stay of a temporary nature if the applicant intends to leave and
await processing abroad. However, their reason for coming to Canada should be for a temporary
purpose and officers should be satisfied that they would leave at the end of their authorized stay.
It is inappropriate to issue a temporary resident permit to an inadmissible person simply to
allow them to make an application for permanent residence from within Canada.
For further details related to dual intent see the following references:
• policy on temporary residents in OP 11, Section 5.4 – Dual intent;


5.30. Dual intent – Extension of temporary status
In cases where status will expire during processing, it is reasonable to extend temporary resident
status, pending finalisation of processing, if the officer is satisfied that the applicant:
• has maintained their legal temporary status throughout their period of stay in Canada,
• has paid the appropriate work or study permit fee; and
• would leave at the end of their authorized stay, should the case be refused.


So as you can see he still has to be given a temporary stay and prove he will leave after the temporary stay.

 

[beantown]

By the way, my husband got into Canada just fine, and he did not have to do anything to "prove" he would leave after his visitor period expires.

 

[sbwv09]

I think most people have the experience that you did, beantown (I know I have, at least so far!), but it's good to be prepared with proof of ties to the home country just in case they ask Glad to hear there were no problems!