Spousal sponsorship

[lynw]

my husband app for immigration i did not go with him at the time,so he withdrew my name and i did not do medicals..today 2 yrs later we are married,and sponsorship was denied because back then i did not do medicals, appeal is waiting too long and i am 53yrs..., and today my life is pure despair!! i feel that i will never reunite with my husband,and life like this is unbearable.!!!just because of medicals...., i really am so hopless.

So it's not the fact that you didn't do medicals, it's that he didn't declare you as his spouse when he applied? Is that correct?

 

[pauline regina]

back then we were not legally married, and when he excluded my name he didn´t think that 2yrs later when he app for my sponsorship and married to me, that they would deny. this was 2008, 2010 i did all medicals and police certificates..i don´t understand, because of this terrible mistake i am being punished, i might never be able to be with him. it´s unbearable.

 

[pauline regina]

he couldn´t declare me...he asked to withdraw my name from the app,i was nothing.but the docs say that i "was he non-accompanying spouse"..i WASN´T his spouse, nor i was with him anymore....

 

[rjessome]

he couldn´t declare me...he asked to withdraw my name from the app,i was nothing.but the docs say that i "was he non-accompanying spouse"..i WASN´T his spouse, nor i was with him anymore....

And therefore you have grounds for appeal. You have to prove that you broke up during that time and reconciled.

 

[pauline regina]

i do have grounds for appeal,but this will take trs !!!!! i´ll be 60 before i reunite with my husband!!´thats why i am so in despair...just because i didn´t do medicals back then, but now i did, i am being put aside, punished and depressed,and just so hopeless..have mercy...

 

[rjessome]

i do have grounds for appeal,but this will take trs !!!!! i´ll be 60 before i reunite with my husband!!´thats why i am so in despair...just because i didn´t do medicals back then, but now i did, i am being put aside, punished and depressed,and just so hopeless..have mercy...

Appeals generally take 1 to 2 years depending on the jurisdiction. If you have a good lawyer, he/she may be able to work with CBSA to get the decision overturned before an ADR or hearing is even set.

 

[mr70]

Spouses and dependent children are also exempt from the clause about excessive demand on health care so you do not have to worry about them being refused for that reason.

Do I understand this right.... If you are sponsoring your spouse and their dependant children that they are not refused because of medical results even if they had a condition or not? What happens if a condition is found that they were unaware of before their medicals?

 

[BeShoo]

Spouses and dependent children are also exempt from the clause about excessive demand on health care ...

The only thing that would exclude them is if their health condition was one that posed a danger to the general public, for example an active case of tuberculosis might meet that definition.

 

[pauline regina]

Appeals generally take 1 to 2 years depending on the jurisdiction. If you have a good lawyer, he/she may be able to work with CBSA to get the decision overturned before an ADR or hearing is even set.

But how long would this take?

 

[MandiF]

hey mandi,
Why cant you apply Inland again??. ie get a tourist visa before you send off your application, come to canada as a tourist who is visiting. then apply Inland?. With Inland at least you will be with your husband and you can apply for a open work permit while you are inland. . With outland its faster and you can re-visit him time and time again and have the right of appeal.
under most circumstances outland is faster and people say outland is faster. But i also know many people who have applied outland and have been waiting for three years!. so really its up to your personal situation and your luck.

Thanks for your reply. Mainly I am applying outland as I have a house in UK and my husband is working in Alberta, but really he works away all the time, so we wouldn't really be together most of the time anyway, but at this point I'm thinking 10 days a month is better than nothing for the next however long we are going to have to wait.

I have also been told that if I have an offer of a job when I send in my application it goes through faster, does anyone know anything about that? Also, I have already had and paid for my medical in UK, if I changed over and made my application Inland instead, would I then have to get another medical done in Canada?

So, in summary, you can still do an "outland" application as long as your permanent residence is still outside the country. It's best if you can pay your fee before visiting.

Thanks for your reply, just a another question. If I am in Canada while the application goes through in the UK, will I then have to return to UK when it is finally approved to get some sort of stamp in my passport?

 

[rjessome]

But how long would this take?

It depends on if CBSA is willing to work with the lawyer. But like I said, a decision, if you go all the way to a full hearing, would take 1 to 2 years. If CBSA is willing to work with you on this point, then it would be less than the full time required for a hearing.

 

[mr70]

Question in regards to dependant children. My fiancee has a son whom is 23 and lives in another country.He was raised by the fathers family,she is listed as the birth mother. Is he still a family member that should be included in the PR application?

 

[rjessome]

Since he is older than 22 he is not a dependant however, he must still be listed on the Additional Family Information form but not the application for PR.

 

[Leon]

Question in regards to dependant children. My fiancee has a son whom is 23 and lives in another country.He was raised by the fathers family,she is listed as the birth mother. Is he still a family member that should be included in the PR application?

Since he is older than 22, he does not need to be included on the PR application but he must be included on the additional family information. If she wants to include him on her PR application, she can still do it if he is a full time student and not married.

 

[pauline regina]

It depends on if CBSA is willing to work with the lawyer. But like I said, a decision, if you go all the way to a full hearing, would take 1 to 2 years. If CBSA is willing to work with you on this point, then it would be less than the full time required for a hearing.

OMG !!! Too long to wait to be with a loved one!!!!We are already apart for 2 yrs, i am not even able to get a visa to visit him!!!!! i am hopeless....don´t know what to do...