Spousal Sponsorship in-land Applications 2016 timeline and updates

[profiler]

My question here is "Would she be able to study under open work permit"? I always think that for study you need either study permit or permanent residency.

What about this: they send their inland sponsorship application to CIC without OWP application and then later on down the road a few month before the expiry date of her study permit, they apply for study permit extension. In this case as long as she holds a valid study permit and of course visa she would be able to leave Canada and re-enter with no problem. Is this statement wrong?

I won't comment on leaving Canada.

If she only has a work permit, she absolutely cannot study. If she has both, she can work and study. She can attempt to extend her study permit.

 

[farazprok]

I won't comment on leaving Canada.

If she only has a work permit, she absolutely cannot study. If she has both, she can work and study. She can attempt to extend her study permit.

Why dont you comment on "leaving Canada"?

Why do you say "attempt to extend her study permit"? If she has a letter from the university and all the required documents to satisfy her student status by the end of her program, why wouldnt they approve her application for extension?

 

[profiler]

Why dont you comment on "leaving Canada"?

Well, that's simple. I would just be restating the same caution that you will receive from others, and that CIC gives. So, it would be the PA's choice to risk a re-entry or not.

Why do you say "attempt to extend her study permit"? If she has a letter from the university and all the required documents to satisfy her student status by the end of her program, why wouldnt they approve her application for extension?

I am not a visa officer, an immigration lawyer, or consultant. I know about 0.001% of the details of the situation. Asking me to state that they will approve an extension based on 2 pieces of information won't happen. Either way you look at it, an attempt to extend is required to extend the permit -- one will not be spontaneously given.

 

[samahmedpk2000]

Hello All,

My observation is that 2016 application are moving slowly after Sep.

Did you guys also has the same observation, what could be the reasons?

My timeline: Application submitted: 15th April 2016
AOR 1: 21 May never received (GCMS notes and CIC call center mentioned).
AOR 2 : 29th June
Police clearance certificate (PCC) requested: 10th August 2016 ( old one expired,was valid only for 6-month)
PCC submitted: 22nd August by mail plus uploaded online
Medical request: 6th Sep
Medical submitted: 8th Sep
SA and PA approval: 9th Sep
Medical updated (ECAS): Passed on 23th Sep
GCMS notes received: 15th Nov 2015

No movement after 23rd Sep. GCMS notes saying background check is in progress. Plus one unusual thing waiting for medical receipt from client, that does not make any sense medical has approved why thy are waiting for receipt.

Anyone wanna comment on that.

Thank you

 

[farazprok]

Well, that's simple. I would just be restating the same caution that you will receive from others, and that CIC gives. So, it would be the PA's choice to risk a re-entry or not.

OK, fair enough. What about sponsor? Would sponsor be able to leave Canada for lets say a month to visit their family and re-enter while the sponsorship application is being processed? Given the fact that the sponsor is either a PR or a Canadian citizen. And if so, would it affect the sponsorship application?

I am not a visa officer, an immigration lawyer, or consultant. I know about 0.001% of the details of the situation. Asking me to state that they will approve an extension based on 2 pieces of information won't happen. Either way you look at it, an attempt to extend is required to extend the permit -- one will not be spontaneously given.

 

[profiler]

The expectation of in Canada sponsorship is that both sponsor and principal applicant are to co-habitate in Canada. That said, the law states that a PR MUST remain in Canada (inland OR outland). They have been known to tolerate short (week or two) trips from Canada, but longer and they will send a Procedural Fairness letter advising their concern about the sponsor not residing in Canada and how it's in direct contravention to the rules of sponsorship. They will give the sponsor 30 days to prove they were wrong, before they refuse the case.

One such case happened just within the last month to a forum member (PR who went to Australia to clear up the remainder of a work contract while the application was in (outland) for his spouse). Exactly what I described happened to this individual.

EDIT: Here is the snip of law from IRPA, Division 3 Sponsors ( http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-27.html#h-79 ) :
"

Sponsor

130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

Five-year requirement

(3) A sponsor who became a permanent resident or a Canadian citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.

"

 

[carolbb23]

@profiler December is coming up before you know it January me and hubby plus gabrielhca and his wife been a year in the game. SO HANG IN THERE KIDDO and go team 2016

 

[profiler]

@profiler December is coming up before you know it January me and hubby plus gabrielhca and his wife been a year in the game. SO HANG IN THERE KIDDO and go team 2016

Don't tell the school -- but I have been looking at cranking out some analysis today. Maria asked me to... (she can use me as an excuse -- turn-about is fair play!)

We'll call it, "Research".

 

[carolbb23]

Please do profiler I know you want to

 

[farazprok]

The expectation of in Canada sponsorship is that both sponsor and principal applicant are to co-habitate in Canada. That said, the law states that a PR MUST remain in Canada (inland OR outland). They have been known to tolerate short (week or two) trips from Canada, but longer and they will send a Procedural Fairness letter advising their concern about the sponsor not residing in Canada and how it's in direct contravention to the rules of sponsorship. They will give the sponsor 30 days to prove they were wrong, before they refuse the case.

One such case happened just within the last month to a forum member (PR who went to Australia to clear up the remainder of a work contract while the application was in (outland) for his spouse). Exactly what I described happened to this individual.

EDIT: Here is the snip of law from IRPA, Division 3 Sponsors ( http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-27.html#h-79 ) :
"



Sponsor

130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

Five-year requirement

(3) A sponsor who became a permanent resident or a Canadian citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.

"

Thanks a lot profiler. I am convinced now that we should not mess with CIC on these matters. I am cancelling my flight which I booked for my Christmas vacation for a month. It costs me $500 . Also, I need to let her know that she can't travel either.

 

[profiler]

Thanks a lot profiler. I am convinced now that we should not mess with CIC on these matters. I am cancelling my flight which I booked for my Christmas vacation for a month. It costs me $500 . Also, I need to let her know that she can't travel either.

You can try it, and if you are going to visit her, do it. But only a week or two when you have that application in.

Besides, I wouldn't book a trip (or cancel) based on what someone on the internet says. You can have a look at IP-2 which is the Processing Guide (for CIC officers) for processing Sponsors: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf . Start at Section 5 (the beginning 4 chapters are dry).

 

[farazprok]

You can try it, and if you are going to visit her, do it. But only a week or two when you have that application in.

Besides, I wouldn't book a trip (or cancel) based on what someone on the internet says. You can have a look at IP-2 which is the Processing Guide (for CIC officers) for processing Sponsors: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf . Start at Section 5 (the beginning 4 chapters are dry).

Wowww...great document. It says "sponsors are not ineligible if they take short holidays or business trips outside Canada.". But we dont know what they mean by "short". Is that 1 week or two months.

I also found the story of that individual you mentioned who received Procedural Fairness letter because of the trip to Australia. He/She stayed in Australia for three months and I noticed that he worked there too. His/Her case is a bit complicated.

Anyway, I think it's definitely a big risk to take. Would be safer not to take any risk in this journey.

 

[Guanguar16]

Hi Farazprok,

Did u receive anything from CIC? I haven't heard anything from them but I understand it only 16 days... Still waiting my AOR1. if you have any update, let me know

Good luck for both of us!

 

[farazprok]

Hi Farazprok,

Did u receive anything from CIC? I haven't heard anything from them but I understand it only 16 days... Still waiting my AOR1. if you have any update, let me know

Good luck for both of us!

Hi, nope. Nothing yet. I think around December 2nd-10th we hopefully hear something from them. Sure, I will keep you and this forum posted.

Best of luck.

 

[polarvolcano]

You can try it, and if you are going to visit her, do it. But only a week or two when you have that application in.

Besides, I wouldn't book a trip (or cancel) based on what someone on the internet says. You can have a look at IP-2 which is the Processing Guide (for CIC officers) for processing Sponsors: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf . Start at Section 5 (the beginning 4 chapters are dry).

Wise words.