Spousal sponsorship

[JuniorMe]

I think it is fairly obvious that you have had a relationship for more than a year if you have a baby that was born in March. However, conjugal is really only for people who can not get married and for common law you have to actually live together for a year so it is best that you get married and sponsor them family class. That is the fastest and best way.

When you write about how you met and how your relationship developed, you should under no circumstances say that you lived together as a couple for 12 months or more before you landed as a PR because if you had, she would have been your common law and you should have added her to your immigration application and not doing that would get you in serious trouble. If you lived together for less than 12 months before you landed as a PR, that would be ok though.

Many thanks for the fast response.

So here is what is should if I understand you correctly. I should to marry her when i go home on January 2013 and after that sponsor her and our child. We lived together 5 months prior to I landing here in Canada as a PR so she cant be my common-law. After our marriage and i got back to Canada, can I sponsor her and our child immediately when we got the proof of our marriage? I intend to sponsor our child while he is young so that i can participate in raising him. I dont want her to grow up with me far away from him.

Thanks again.

 

[Leon]

So here is what is should if I understand you correctly. I should to marry her when i go home on January 2013 and after that sponsor her and our child. We lived together 5 months prior to I landing here in Canada as a PR so she cant be my common-law. After our marriage and i got back to Canada, can I sponsor her and our child immediately when we got the proof of our marriage?

Yes, that is exactly what you should do.

 

[computergeek]

I have a question computergeek, why on our CAIPS notes would my husband and I both have Unique client ID# and both different. Does this mean when we apply for them we should use his and when we ordered them a month ago the notes from his interview were not in the CAIPS notes. Could you explain please if you know. Also his medical and background check expired we are over the 2 year mark going on 25months. Could we get them redone and send them in or wait for them to ask for them. What are your thoughts on this? Thanks Micmac101

If one of you requests notes, the ATIP office will actually try to redact out information for the other. If you wish to allow them to disclose, the other person should sign the appropriate form granting permission to disclose the information. You each have a UCI - it's specific to a person (unlike a file number, for example).

It certainly won't hurt to have the medicals and most recent country of residence PCC re-done, since they would need them at some point (assuming they are moving the application forward, of course.) There's no requirement you wait until they ask you.

 

[JuniorMe]

Yes, that is exactly what you should do.

Many thanks Leon.

You've given me great relief.

Thanks again.

 

[lucky4canada]

Dear Leon

Just wanted to know that I am going to sponsor my wife and two kids in family class. My question is as I landed as PR just one and a half month ago and I am still searching for work. Will this make application tough. But I had shown at the time my application for PR was made funds for a family of four i.e. 21000$. Will that suffice. I have mentioned on plain paper that as I am new immigrant so i have started searching for a job and applying for it.

Will they later contact me and ask me for proof that whether i have got job and working or not.

Pls advise.

 

[Leon]

Just wanted to know that I am going to sponsor my wife and two kids in family class. My question is as I landed as PR just one and a half month ago and I am still searching for work. Will this make application tough. But I had shown at the time my application for PR was made funds for a family of four i.e. 21000$. Will that suffice. I have mentioned on plain paper that as I am new immigrant so i have started searching for a job and applying for it.

Will they later contact me and ask me for proof that whether i have got job and working or not.

It is not necessary to be working to sponsor a spouse or dependent children and there is no specific income requirement but they want to make sure you do not end up on welfare so it would be better if you have a job already.

 

[silvershani]

Dear Leon,

Can you please advice me what should I do to extend my visa with the following condition:

I came to Canada in February 2012 on Visit Visa for 6 months. During the visit I got Married with Canadian Citizen Girl, then I continued to staying there by extending my visit visa for another 6 months to apply for RP on behalf of my spouse.

But after 3 months of marriage we got separation from each other and my ex spouse withdrawn my Permanent Residence application.

Now I want to extend my stay for another 6 months in Canada (2nd time inside the Canada), Can you please let me know the procedure and chances of 2nd extension of visit visa..

Would be appreciated for your valuable query.. This query is behalf of my cousin.

 

[lindsandluis]

Is it a good idea to hire an immigration lawyer (a good one!) or just a waste of money?

 

[computergeek]

Is it a good idea to hire an immigration lawyer (a good one!) or just a waste of money?

That's a pretty broad question. It would depend upon what your issues are, how comfortable you are in preparing your own application, and the attorney.

For a straight-forward spousal application, it's generally not necessary. If you have a spousal application with an inadmissibility issue, or a prior refusal, then you have a reason to engage with an attorney. Many people do this successfully by themselves, but once it gets complicated you really do need a good attorney to represent your interests.

 

[lindsandluis]

I guess my concerns are, my fiance's visitor visa was denied (not enough evidence/ties to go back home). I was helping him with the paperwork and when it describes the last 10 years, we weren't as thorough as we should have been. Rushing through it we had limited time to figure out his past 10 years (a bit confusing because he was in and out of his country. He lived in another country for more than 6 months). Anyhow we are getting married in January and that section describing the last 10 years pops up again. (I'm worried that they will compare info from the first application). However, he received the application back along with the denial.We need to be very thorough now but are worried about any discrepancies as I'm assuming would be in their data base now. This is why I'm thinking about getting a good lawyer to help us. (I work in a field where I have access to good lawyers!)

 

[lindsandluis]

I should probably just go for a consultation to address my concerns and see what they say! maybe hire later if it gets complicated

 

[computergeek]

I guess my concerns are, my fiance's visitor visa was denied (not enough evidence/ties to go back home). I was helping him with the paperwork and when it describes the last 10 years, we weren't as thorough as we should have been. Rushing through it we had limited time to figure out his past 10 years (a bit confusing because he was in and out of his country. He lived in another country for more than 6 months). Anyhow we are getting married in January and that section describing the last 10 years pops up again. (I'm worried that they will compare info from the first application). However, he received the application back along with the denial.We need to be very thorough now but are worried about any discrepancies as I'm assuming would be in their data base now. This is why I'm thinking about getting a good lawyer to help us. (I work in a field where I have access to good lawyers!)

Well, one thing that is important to immigration is that you provide them with everything they request. I've seen people spend 6+ months JUST on dealing with the history section. No gaps, no unexplained periods. But if you are more thorough on the PR application you can always explain it just as you have here: the first time we were not as thorough as we should have been, this time we are.

Having someone else look over your application and provide you with guidance is perfectly reasonable and should cost less than having them represent you through the entire application.

 

[lindsandluis]

Yes, you're absolutely right...wow 6 + months must have been a complicated past!. If I had to account for my past 10 years no problem! I could do it in a half hour! ..his more complicated and I just want us to be as detailed as we can. Thanks so much for your advise I really appreciate it!!

 

[lindsandluis]

p.s do they really check every moment to be accounted for?..do they really dig in that deep when they get so many applications?

 

[computergeek]

p.s do they really check every moment to be accounted for?..do they really dig in that deep when they get so many applications?

They can, but they don't always do so.

The 6+ month delays come from sending in an incomplete history. The VO sends a new blank form to the applicant and says "complete this form". They don't say "you missed some stuff" they just say "we need this form completed". What that REALLY means is "hey, you didn't fill it in RIGHT last time. Do it RIGHT and send it in again..." And I've seen people report getting the form twice and coming to the forum and saying "I filled this in, why do they keep asking for the same information?"

Or as they say in London: "Mind the gap." It can be hazardous.