Sponsorship - Marriage question help!

[BeShoo]

Really BeShoo??? I had no idea! I think that was one of our major concerns! Thanks so much for the information!

Check the processing manual: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

On page 23, section 5.33:

Exception to minimum necessary income requirement

The ability to meet the minimum income requirement is mandatory, unless the sponsor is sponsoring a spouse, common-law partner, conjugal partner or a dependent child where the child has no dependent children of their own...

 

[Gemini1]

Wow, great, thanks so much for that!! I've been reading about the Family Sponship here on this website and I was wondering if you, or anyone knew if he had to be in and remain in Serbia while the process is taking place? Also, does anyone know if it makes a difference if we are applying for spousal sponsorship and I am living and working abroad (although I am Canadian citizen)?
Thanks!

 

[CharlieD10]

Canadian citizens may sponsor while living abroad. You will be required to submit proof of your intentions to re-settle in Canada when he gets PR.

If he goes somewhere else, he still retains the right for his application to be processed in Serbia. Remember that if he stays anywhere more than 6 months, or even close to it but not exactly 6 months (this has happened to someone), he will be required to submit a police clearance for that country.

 

[BeShoo]

He doesn't have to remain in Serbia, even though it is his "permanent residence," he could be anywhere while the process takes place, including in Canada if he has permission to visit. The only thing is that any interview, if required, would take place in Belgrade (I'm pretty sure that is the right office). Sometimes they only give a couple of weeks notice that an interview is required and attendance is mandatory.

 

[tam.1979]

Hi Gemini,
I'm Canadian (born Serbian and moved to Canada 20 years ago), and married a Serbian in Feb of 2009. We've been going through a spousal sponsorship outland (from Serbia).
If you're sponsoring a husband who has dependent(s) (children) then YOU would be required to live in Canada and make a minimum outlined wage in order to be approved for a sponsorship application.
IF you're sponsoring your husband ONLY (who has no dependents), then you do not have to remain in Canada during the application process (you can go be with him in Serbia) as long as you prove (in your application) strong ties to Canada and that upon receipt of your visa both you and your husband will settle in Canada. (ties can be property, saving account full of money, car ownership, someone sends you a rental agreement, a job agreement, etc...).
I quit my job and moved to Serbia to be with my husband as our process was dragging on for a long time. I hope that answers your question.
However, speaking as someone who has lived in Canada for 20 years before coming here, please accept the fact that this move and application process WILL NOT BE EASY. And it will take a long time (my husband and I are still waiting for his visa and we applied on Feb 2009).
Just know all the facts before you make a decision.
However, if you're with the one you truly love, what's the cost you're willing to pay.....?

 

[VasilisaPrekrasna]

Hi Gemini,

Just wanted to mention about the whole application process- it is designed to intimidate you-do not let it. You are asked to share your personal life with a system- a rigid, cold, institutionalized set of procedures, where a clerk decides on your life...This is intimidating and infuriating, but there is no way around it.

On a positive note, every case is unique! Depending on your involvement in the wars of Balkans 1990-2002, the process might not be so prolonged. If one has only compulsory military service in Serbia in the right areas and times, they can fall under routine cases and have a fairly fast processing time of 4-6 months.

Good luck!

 

[Gemini1]

Thanks for everyone's replies...it's all been so helpful. I ask about sponsoring while outside of the country, because I am currently living in the UK and he is in Serbia (makes vists much easier). We are planning to maybe get married in the fall and start the process outland...but I was hoping he could come back to Canada with me for a visit over Christmas. Is he able to apply for a tourist visa for 2 weeks if he has a spousal visa in the process?
We've downloaded the applications and they all seem pretty straight forward. We don't have a complicated relationship (other than the fact we can't be together) and we have proof through photos, emails, etc of our relationship.
If I remember correctly, he served in the military from June 2005- December 2005....does this make a difference?

 

[Serdj977]

Depending on your involvement in the wars of Balkans 1990-2002, the process might not be so prolonged.

Just small correction, wars in Balkans ended in 1999.

Is he able to apply for a tourist visa for 2 weeks if he has a spousal visa in the process?

He can apply. I did and I was denied cause I was in process and under background checks (security) at the time.
You said that he was denied first time, that might be the problem when applying second time. Not huge problem but it's much easier when one is approved the first time. I don't want to be downer but that's the way it is.

If I remember correctly, he served in the military from June 2005- December 2005....does this make a difference?

Yes it does In a good way. No conflicts and wars. Background checks will hopefully take less time.

 

[glak1234]

My husband didn't have to do background checks, or any interviews.

I believe the main reason for that being is that my husband did his mandatory 6 month army in 2008..and at that time there were no conflicts.
I am positive that CIC has a timeline that they follow on who to do background checks on from Serbia/Bosnia/Croatia etc.
For ex. anyone who did army service from 1989-1999 or something would have to go through extensive checks, rather than someone in the year 2000-2011..
I haven't yet seen anyone else whose husband was in the army in the year 2000+. So we can't be 100% sure, but thats what it looks like to me :S

For all still waiting for news from Vienna, I pray for all of you to get News and FAST!
This whole process will be behind all of us sooner or later, then the relaxation begins!


[EDIT] Also, my husband applied for a TRV a few months before our marriage, and he was denied. We mentioned it in our application and it didn't seem to make a difference, at least I think...maybe it sped it up if anything? They saw that we really wanted to be together. Just a guess. We were also told by a lot of people that TRV would be denied if an application is in process, they would just tell you to wait, and I have seen a lot of people here stating so. If you can, go be with your husband rather than him wasting money trying for a TRV.

 

[VasilisaPrekrasna]

Thanks for the correction Serdj :-*

 

[Serdj977]

[EDIT] Also, my husband applied for a TRV a few months before our marriage, and he was denied. We mentioned it in our application and it didn't seem to make a difference, at least I think...maybe it sped it up if anything? They saw that we really wanted to be together. Just a guess. We were also told by a lot of people that TRV would be denied if an application is in process, they would just tell you to wait, and I have seen a lot of people here stating so. If you can, go be with your husband rather than him wasting money trying for a TRV.

I agree that denial of TRV probably won't affect PR process. Gemini1 don't be afraid to apply for PR because he was denied TRV.
I was just saying that it might be harder to get TRV second time when denied the first time, especially when PR is in process.
Thing is you have to convince VO that you will get back and not overstay if PR process takes more time. I've been approved first time for TRV (visited Canada for one month), but denied second time. As i said reason for TRV denial was background checks in progress in my PR application, and I think that lady at VO was convinced that I'll get back and not overstay. They just couldn't issue TRV because of bc.

 

[Gemini1]

That's what I was thinking...if he is in the process of a spouse visa and gets a TRV, they would think he probably won't go back.
I do have a question- I know I need to get this statement in lieu of certificate of non-impediment to marriage abroad....now do I need to apply for that through the Belgrade Canadian Embassy...or may I apply for it through the Canadian Embassy in London?
Also, does anyone know about marriage in Novi Sad and if the documents need to be certified?
Thanks for the advice and good luck all

 

[glak1234]

I don't know about getting the statement in London, but I got it through the embassy in Belgrade..

What documents are you asking about that need to be certified exactly?

You only need certified translations of the Police clearance and national identitiy card (if its the old one, i dont think you need to translate the new cards)
As for the marriage certificate, you get that at the same city hall you got married at..just ask for the international version of it, they will know what to give you

 

[VasilisaPrekrasna]

Hi Gemini,
It seems that you are already married- so you do not need this statement in lieu etc. etc. You need it if you are getting married as a foreign national (Canadian citizen) in Serbia for instance, or if your marriage is taking place here in Canada your husband needs it as he is a foreign national. But if the deed is done already you are good to go.

 

[thart]

hi everyone! I have the same question here. just a little twist of situation. My 3 years long time boyfriend already landed here in Canada as a new immigrant few months ago under the FSW. We have been having this long distance relationship for almost more than a year now since the time I also arrived here in Canada before him but came here under working visa. Though we're both here in Canada he's in Scarborough,Ontario and I am in Montreal, Quebec. so a little far from each other still. We've been planning to get married ever since we were both in our country but due to this situation we have to suspend it. So now, since we're both here, we are planning to get married by next year and move in there with him. Here are some of my concerns regarding this spousal sponsorship. If we get married here, should we apply for the married application thing or conjugal or common-law-partner? what is the best way to apply for spousal sponsorship so we could be together again, since I am still working here in Montreal and i need to finish the 2 yrs. before applying for PR on my own without him needed to sponsor me but for sure it's gonna took us a long time to become together if we wait for that to happen.how long would you think it's going to take in processing our papers? what are the things we need to consider when we apply for spousal sponsorship? Please Please answer my concern regarding this. thanks so much for the answers and would really appreciate it alot!