Sponsorship for partner

[darumal]

My partner sponsor me to get my PR. We got married in January in Canada. Now, I lives with her in Canada. We plan to submit my application for PR within Canada.

Yet, some people says that if the application is rejected by the Immigrant, no appeal will be accepted if the application is submitted in Canada. Conversely, the applicant can request for appeal if the application is submitted outside Canada.

Is it true? Any advise? Thanks.

 

[Leon]

Yes, the inside application takes longer, you are advised not to go outside Canada while it's in process and you don't have appeal rights. The advantages are that you don't have to go back to your homeland for an interview (if an interview is required).

An outside application, processed in your homeland or other country where you have at least a 1 year visa, you would be able to stay in Canada or travel back and forth, it's faster and you would have the right to appeal if you were denied.

 

[darumal]

Thanks for your reply.  

So even we married, we still can submit the application outside Canada, right? 

Since my travel visa valid for 6 months. I arrived Canada on 29 December 2008, so it will expiry in June 2009.  As you said either to return my homeland or travel back and forth to Canada when my existing visa gonna be expired.  Will it be hard for me to get the travel visa 6 months later? Will i being asked by the immigration when I re-entry to Canada if I failed to show any return homeland ticket ?  If so, can i tell them that my PR application has been submitted (outside Canada) while it requires me to get a valid visa???

My partner thought it was the quickest way to get my PR if we applied inside Canada.  Apparently, she was wrong.  Even my partner and I have been together for 8 years, yet, since she is older than me 24 years that made us worry it is an obstacle in our application. If our application is really denied, we can't have any chance to appeal.

Is it more make sense we should apply "outside" Canada then? 

Your valuable advises are much appreciated.   We almost done to gather the info to proof our relationship, say, phone bills, email, letters, travel together ticket, etc. I even had my medical check-up in Vancouver and asked my homeland (Hong Kong) to do the police check for me. We just want to make sure our move is correct before submit the application.  We haven't employ any lawyer or agent to do the application for us.  

Thanks.    

 

[ariell]

My partner thought it was the quickest way to get my PR if we applied inside Canada. Apparently, she was wrong. Even my partner and I have been together for 8 years, yet, since she is older than me 24 years that made us worry it is an obstacle in our application. If our application is really denied, we can't have any chance to appeal.

Is it more make sense we should apply "outside" Canada then?

No, your partner is wrong. In Canada applications take much longer to process. When you are already together in Canada, there is no really priority for CIC to try to reunite you. If you apply outland, their priority is to reunite you (or at least so they say! ;-).

And you are right, with inland, you have no chance to appeal.

Personally, I think the fact that you have a 24 year age difference will be an issue. Not saying it's impossible, but it will definitely mean that they will scrutinize your case much more carefully so all the more reason for you to provide LOTS of evidence. And I think the age difference is more reason for you to file outland since you can appeal the decision if they reject you.

You can still submit an outland application while you are still physically here in Canada

 

[ariell]

See here for a comparison of inland vs. outland applications from the CIC website:


I want to sponsor my spouse. Is it faster to apply from inside or outside Canada?

It is usually faster to apply to sponsor a spouse from outside Canada. However, the requirements to immigrate to Canada are the same in both cases.

Some differences between the processes:

Inside Canada

average of 12 to 18 months to process routine applications
no right of appeal
you are advised to stay in Canada while your application is being processed (If you leave Canada and cannot re-enter, the application will be abandoned)
you can send an application for an open work permit with the sponsorship application (the permit will be issued as soon as you are eligible for it)

Outside Canada

average of 6 to 12 months to process routine applications
right of appeal
you can leave and re-enter Canada while your application is being processed as long as you meet all requirements to enter Canada
if you want to work in Canada while your application is being processed, you must apply for a regular work permit

 

[Leon]

Thanks for your reply.

So even we married, we still can submit the application outside Canada, right?

Since my travel visa valid for 6 months. I arrived Canada on 29 December 2008, so it will expiry in June 2009. As you said either to return my homeland or travel back and forth to Canada when my existing visa gonna be expired. Will it be hard for me to get the travel visa 6 months later? Will i being asked by the immigration when I re-entry to Canada if I failed to show any return homeland ticket ? If so, can i tell them that my PR application has been submitted (outside Canada) while it requires me to get a valid visa???

My partner thought it was the quickest way to get my PR if we applied inside Canada. Apparently, she was wrong. Even my partner and I have been together for 8 years, yet, since she is older than me 24 years that made us worry it is an obstacle in our application. If our application is really denied, we can't have any chance to appeal.

Is it more make sense we should apply "outside" Canada then?

Your valuable advises are much appreciated. We almost done to gather the info to proof our relationship, say, phone bills, email, letters, travel together ticket, etc. I even had my medical check-up in Vancouver and asked my homeland (Hong Kong) to do the police check for me. We just want to make sure our move is correct before submit the application. We haven't employ any lawyer or agent to do the application for us.

Thanks.

Regardless of being married or how long in Canada, you always have the right to get your application processed in your home country. You can apply to extend your travel visa when it's about to expire if you want to stay in Canada. When you do an outland application, your medical forms will be slightly different, you can still do your medical in Canada, just make sure they know it's an outland application, different forms and different place you send your file. For Hong Kong, you can expect a month of sponsorship approval, this is always for an outland file, then on average another 6 months for your PR to get approved by Hong Kong.

If you do the inland, if you send in a visit visa extension and work permit application with your application, you would not have to leave Canada, you would get your first stage approval in 6-7 months along with open work permit and health care but you might wait total 12-18 months for the PR itself. While this is being processed, it's not advised to travel because if for any reason you were denied entry, that application is gone.

As for appeals or what happens if something goes really wrong, worst case.. with outland, you could appeal the decision and it may take a year to get that done. With inland, if you are not outright denied, your file gets sent to the local office for further scrutiny. Depending on how busy the local office is, your file would sit on a shelf for 1-3 years during which you would be stuck in Canada without being able to work. If it was denied, you would have to leave, no appeals but you would be able to apply again outland.

 

[darumal]

Really appreciated for the detailed reply.

I'm desperate as I have to submit my application within Canada, with no choice

My partner was thrilled I could stay with her in Canada since she have been waited me to say Yes for 8 years.  So, my medical check-up was done once we got married in Vancouver.   I also need to provide my family member info even they do not accompany me to Canada if I submit the application outside Canada.  Yet, my family do not know the relationship between my partner and I.  How could I get their photos and affix on the form.  Damn!

My partner made a terrible mistakes (I wish she knew the application can submit outside Canada before I moved here, then I don't need to loose my well-paying job until my application is accepted , I could get my family members' info w/o leaking I'm in the same-gender relationship, blah blah blah)

I worry my case will be hold for more than year as I cannot back to Hong Kong for family emergency.   I also scared I will be deported if my application was rejected that will affect my onward travelling.

You stated that I can get the medical care if I get my first stage approval.  I'm a bit confusing.  My partner's company offers medical care for their spouse. In this case, does it mean that my partner includes my name in her corporate medical care until I get the first stage approval?  we can't do it now?!

For the work permit application, do you mean that I can attach this request with my PR application together?  If so, the form is available in the CICC official website?  If I get a temp. working permit, am I allow to enroll any training course, doing some voluntary?  I'm bored as I can't do anything.  I want to know more friend, i want to improve my Eng and skill so that i can get a job, not solely for money, but let me have a "home" feeling here

I have been here for 2.5 months, the only things I can do is gathering the info for the PR application. Yet, when I think everything are almost ready to send, I found some info that we had misunderstood / overlooked when I surfed here or CICC.  My partner said:" hey, don't worry.  our marriage is not fraud.  Don't be anxious.  I can't see any point our application will be rejected"  She is worrying now when I told her that she misunderstood this and that, particular we can't appeal if we do the inland and I might have to wait for more than 1 years!

Pls cross your fingers on my case...........

 

[Leon]

You didn't submit the application yet, you can still change and decide to do an outland application.

You do not have to tell your family that you are in a same gender relationship, you can just tell them you are applying for immigration and need this information.

Normally you can not get medical as a visitor. If you apply inland, you could probably get it when you get first stage approval and work permit (after 6 or 7 months) or if you apply outland when you get PR which would also be after 6 or 7 months.

As a visitor, you can't work but you could volunteer and you are allowed to take courses shorter than 6 months.

 

[ariell]

Really appreciated for the detailed reply.

I'm desperate as I have to submit my application within Canada, with no choice

My partner thrilled me I could stay with her in Canada since she have been waited me to say Yes for 8 years. So, my medical check-up was done once we got married in Vancouver. I also need to provide my family member info even they do not accompany me to Canada if I submit the application outside Canada. Yet, my family do not know the relationship between my partner and I. How could I get their photos and affix on the form. Damn!

I'm confused. Why do you HAVE TO submit your application in Canada "with no choice"?? You said that you haven't filed yet, so what's the problem. Also, as I said before you can STILL file an outland application even while you are still in Canada. The 'outland' refers to where your part of the application will be processed, not where you are physically located. You would still submit the entire application to the Mississauga office. So then once our partner gets sponsorship approval, your application will be processed at an overseas visa office. And yes, that means that you may be called for an interview overseas which you will have to attend. So unless you have already filed your application, you still have time to decide if you want to file inland or outland.

I don't really understand the part about getting your family's photos. You DO NOT need your family's photos. You would only need photos of your dependent children which it sounds like you don't have.

 

[Leon]

You would still submit the entire application to the Mississauga office.

Missisauga for outland, Vegreville for inland.

 

[darumal]

You didn't submit the application yet, you can still change and decide to do an outland application.

You do not have to tell your family that you are in a same gender relationship, you can just tell them you are applying for immigration and need this information.

Normally you can not get medical as a visitor.  If you apply inland, you could probably get it when you get first stage approval and work permit (after 6 or 7 months) or if you apply outland when you get PR which would also be after 6 or 7 months.

As a visitor, you can't work but you could volunteer and you are allowed to take courses shorter than 6 months.

Unfortunately, I had already did the check-up in mid of January by using In-Canada medical form.  I believe the clinic had already sent it out. what should we do?  we don't want to spend another hundreds on this.  Any suggestion?

For family issue, i might try for using that excuse for immigration if the above medical issue can be solved.  You know, it makes me guilty and sad as I didn't mention the reason of my leave. I leave my contact no. so that they can find me if they want, I tried to give them a call twice or more per week so that they know I'm safe and alive But you know, no matter what I try to do, that have already make them worry. I feel terrible sorry to them

I asked Success whether they allow me to do some volunteer jobs. They said NO as long as I haven't any status, as long as I'm a traveller only.  The feeling was so bad seems I'm a illegal immigrant and only can live in the dark.

Actually I want to enroll ESL, designate for new immigrant, as the tuition fee is free (referred to their website).  I don't want to increase my partner's burden for schooling fee, even it is a few hundred dollars particular i have no clues how long of my application will be processed and approved.

Btw, there is a little bit age difference among us.  my partner older than me 24 yrs  ( i am 35).  that's the reason I scared my application will be rejected due to the age difference.

 

[darumal]

Really appreciated for the detailed reply.

I'm desperate as I have to submit my application within Canada, with no choice

My partner thrilled me I could stay with her in Canada since she have been waited me to say Yes for 8 years.  So, my medical check-up was done once we got married in Vancouver.   I also need to provide my family member info even they do not accompany me to Canada if I submit the application outside Canada.  Yet, my family do not know the relationship between my partner and I.  How could I get their photos and affix on the form.  Damn!

I'm confused. Why do you HAVE TO submit your application in Canada "with no choice"?? You said that you haven't filed yet, so what's the problem. Also, as I said before you can STILL file an outland application even while you are still in Canada. The 'outland' refers to where your part of the application will be processed, not where you are physically located.  You would still submit the entire application to the Mississauga office. So then once our partner gets sponsorship approval, your application will be processed at an overseas visa office. And yes, that means that you may be called for an interview overseas which you will have to attend. So unless you have already filed your application, you still have time to decide if you want to file inland or outland.

I don't really understand the part about getting your family's photos. You DO NOT need your family's photos. You would only need photos of your dependent children which it sounds like you don't have.

Referred CICC website, if i submit the applicaition outside Canada, i need to provide family member's info even they do not come to Canada. I hope I misunderstood on this, am I?  In the form (page 2), it is clear to state photos should be provided. 

http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf

 

[ariell]

Referred CICC website, if i submit the applicaition outside Canada, i need to provide family member's info even they do not come to Canada. I hope I misunderstood on this, am I? In the form (page 2), it is clear to state photos should be provided.

http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf

Yes, you did misunderstand.

What it says on page 2 of that form is: "You must include details about each of your family members, whether they will be accompanying you to Canada or not. You must include your spouse or common-law partner, if applicable, and all of your dependent children, and those of your spouse or common-law partner, who are not already permanent residents or citizens of Canada."

So here, you do not need to provide details of your spouse/partner because she is your sponsor.
If you have any dependent children, then you need to list those. If not, then you don't need to list anything.

They are ONLY interested here in your IMMEDIATE family ie. your spouse and children. They are NOT interested in your parents, brothers or sisters etc.

 

[darumal]

oh thanks for letting me know i was silly for misunderstanding.

as mentioned, i had already did the medical check-up in mid of January which we told the doctor that we shall submit the application in Canada.

If we now submit an outland application, the orginial check-up still valid? will we be asked to re-do it again? referred to your previous msg, you said that you called CICC for inquiry, could you pls. let me have the no. so that i can ask my partner to call over for check?