Spousal sponsorship

[deshulina]

After all day crying yesterday I pulled myself together and me and my hubby decide that we will try for a visiting visa.I am not sure they will grand me it but at he the end we decided do it for the sake of it. So I was wondering if I buy two ways tickets that will give me a better chance and I'm still studding I can get a document saying I'll be returning at the beginning of September (witch I will be doing regardless), or if this will sound better I can put an employment note( my parents own a company so I can get it from them ). Please people advice us what to do, feeling so desperate right now.If we do the out-land sponsoring it will take up to 18 months so we are hopping for the faster way.(since they increased the sponsoring times in Bucharest to 11 months ).

 

[racined]

Temporary breaks in living together are allowed as long as the relationship has not broken down. Thus, you should be fine.

You don't indicate if your sponsor is a Canadian Citizen or not. I do know Japan does not allow dual citizenship, so that your partner is either a Canadian Citizen visiting Japan, or a Japanese Citizen with permanent residency in Canada. If it is the former, then it is easy to demonstrate that she is only in Japan temporarily, since Japan would not permit her to remain indefinitely without some sort of status (e.g., work or student). If it is the latter, then you cannot be sponsored by her when she is not living in Canada. Short vacations (2-3 weeks) are permitted, but if she is gone longer than that period of time and CIC determines she is not in Canada, her sponsorship will be refused.

I hope that helps.

Sorry that I was not specific. I am the sponsor and I am a Canadian citizen. The applicant is a Japanese citizen. We are applying for a Canadian permanent residency card for her. We will have lived together for 1 year continuously in Canada as of April 2013 and at that time will apply under common law for permit residency. I wanted to process outland as the processing times are quicker and a right of appeal is granted. I am under the impression that we are allowed to process outside the country despite the fact she resides in Canada with me.

She will be returning to Japan in April 2013 to visit her family. I will not be travelling to Japan with her. So should I wait to the process the application after she leaves Canada or should I process the application while she is still within Canada so that we can list our current residence in Canada together as opposed to her residence in Japan?

Thank you for your assistance.

 

[computergeek]

Sorry that I was not specific. I am the sponsor and I am a Canadian citizen. The applicant is a Japanese citizen. We are applying for a Canadian permanent residency card for her. We will have lived together for 1 year continuously in Canada as of April 2013 and at that time will apply under common law for permit residency. I wanted to process outland as the processing times are quicker and a right of appeal is granted. I am under the impression that we are allowed to process outside the country despite the fact she resides in Canada with me.

She will be returning to Japan in April 2013 to visit her family. I will not be travelling to Japan with her. So should I wait to the process the application after she leaves Canada or should I process the application while she is still within Canada so that we can list our current residence in Canada together as opposed to her residence in Japan?

Ah, that's much clearer. Sometimes the answers to these things are very specific to the situation.

In-Canada class applications can only be done for someone living in Canada with their sponsor. Outside Canada class applications can be done for someone living anywhere in the world - including in-Canada with their sponsor. So yes, she can return to Japan in April 2013 while you sponsor her. Please make sure you can clearly demonstrate you have been in a qualifying relationship for at least 365 days before you submit the application. This is a statutory requirement and I've seen reports of them refusing applications just a few days short.

One difference is that an outland application does not provide any kind of status. In-Canada applications do - not only do they grant a work permit after AIP is granted (six months right now) they also permit someone without status to remain in Canada while the application is being processed. Outside Canada applications do not.

As for the right of appeal, note that it means "right to appeal to the IAD". People that must appeal through the Toronto office spend 2-3 years to wait for an appeal hearing. Some get lucky with an ADR hearing and only wait for 12-18 months. If you seriously think there is a likely chance they will refuse the application, I would do everything possible in advance to deal with those issues.

If the refusal is procedurally incorrect or wrong in law - inland or outland - you have the option to go to court. That will only take you 6-12 months.

I know people make a big deal about the "right of appeal to the IAD" but I for one wouldn't want to live apart from my spouse for the 2-3 years it takes.

If you don't have to go through the Toronto office, it's not nearly so bad (~6 months for Montreal and Vancouver from what I've read here) and that right of appeal might matter - if you really think there's going to be an issue.

The rate of refusal for visa exempt applicants is fairly low in any case. Such relationships typically are low risk as being "relationships of convenience" because people from visa exempt countries are typically not trying to obtain immigration status fraudulently.

Good luck!

 

[racined]

Ah, that's much clearer. Sometimes the answers to these things are very specific to the situation.

In-Canada class applications can only be done for someone living in Canada with their sponsor. Outside Canada class applications can be done for someone living anywhere in the world - including in-Canada with their sponsor. So yes, she can return to Japan in April 2013 while you sponsor her. Please make sure you can clearly demonstrate you have been in a qualifying relationship for at least 365 days before you submit the application. This is a statutory requirement and I've seen reports of them refusing applications just a few days short.

One difference is that an outland application does not provide any kind of status. In-Canada applications do - not only do they grant a work permit after AIP is granted (six months right now) they also permit someone without status to remain in Canada while the application is being processed. Outside Canada applications do not.

As for the right of appeal, note that it means "right to appeal to the IAD". People that must appeal through the Toronto office spend 2-3 years to wait for an appeal hearing. Some get lucky with an ADR hearing and only wait for 12-18 months. If you seriously think there is a likely chance they will refuse the application, I would do everything possible in advance to deal with those issues.

If the refusal is procedurally incorrect or wrong in law - inland or outland - you have the option to go to court. That will only take you 6-12 months.

I know people make a big deal about the "right of appeal to the IAD" but I for one wouldn't want to live apart from my spouse for the 2-3 years it takes.

If you don't have to go through the Toronto office, it's not nearly so bad (~6 months for Montreal and Vancouver from what I've read here) and that right of appeal might matter - if you really think there's going to be an issue.

The rate of refusal for visa exempt applicants is fairly low in any case. Such relationships typically are low risk as being "relationships of convenience" because people from visa exempt countries are typically not trying to obtain immigration status fraudulently.

Good luck!

Thank you very much for your analysis of the situation. So just to be absolutely clear, as long as I have all the necessary documentation to prove the common law relationship, it should not matter that I submit the application after she has returned home. Her current address does not matter as long as we lived together 365 continuous days and have all the required documentation to prove we did live together.

 

[computergeek]

Thank you very much for your analysis of the situation. So just to be absolutely clear, as long as I have all the necessary documentation to prove the common law relationship, it should not matter that I submit the application after she has returned home. Her current address does not matter as long as we lived together 365 continuous days and have all the required documentation to prove we did live together.

Basically yes. You must also clearly indicate that the relationship is a continuing one.

 

[Linda.raftl]

Hi Guys, I would like to ask you something. I am trying to my sponsorship fees online with my debit card with a visa logo on and I keep getting transaction refused. I should be able to do online payments so I have no idea why it s not working. Can anybody help please? Thank you very much! Linda

 

[scylla]

Hi Guys, I would like to ask you something. I am trying to my sponsorship fees online with my debit card with a visa logo on and I keep getting transaction refused. I should be able to do online payments so I have no idea why it s not working. Can anybody help please? Thank you very much! Linda

See the instructions:

http://www.cic.gc.ca/english/information/fees/index.asp

Only credit cards are accepted. A debit card with a Visa logo is still a debit card and won't be accepted.

 

[IvanP]

See the instructions:

http://www.cic.gc.ca/english/information/fees/index.asp

Only credit cards are accepted. A debit card with a Visa logo is still a debit card and won't be accepted.

Is that a new thing? I paid online using a Visa debit card in September 2012 without any problems. You might get lucky with a card from a different bank - the debit card I used was from TD Bank (the TD that's in the US, not TD Canada Trust).

 

[Linda.raftl]

Hi! I kind of thought so but wasn t sure. And how do I find out if I am applying at an office inside or outside Canada? Thanks a lot for your help! I appreciate it.

 

[bbccanada]

Could someone tell me what does SSA immigration section does? Thanks in advance

 

[amikety]

See the instructions:

http://www.cic.gc.ca/english/information/fees/index.asp

Only credit cards are accepted. A debit card with a Visa logo is still a debit card and won't be accepted.

Actually, if it's issued through an American bank, it's also built into the credit card system (FDR). It will process through the Federal credit program instead of the bank debit program. It processes through the credit system into a temporary holding account. That temporary holding account is what debits your checking account.

I've used my American issued debit card (Visa) to pay my fees numerous times. It's more likely another issue, such as foreign transaction or large transaction that's getting the charge denied.

 

[computergeek]

Hi! I kind of thought so but wasn t sure. And how do I find out if I am applying at an office inside or outside Canada? Thanks a lot for your help! I appreciate it.

If you are paying fees for a spousal sponsorship, including the RPRF, it is an application at an office inside Canada (CPC-M).

 

[roysingh]

Hi,

CIC is asking me to redo my Medical Exam. My medical has expired (Originally done in October 2011) since I was one of the buffalo cases transferred to Ottawa.
How many passport photos are required for medical exam for immigration to canada ? Should they be Canadian sized passport photos or American sized passport photos ?



Thanks,

 

[tuyen]

CIC is asking me to redo my Medical Exam. My medical has expired (Originally done in October 2011) since I was one of the buffalo cases transferred to Ottawa.
How many passport photos are required for medical exam for immigration to canada ? Should they be Canadian sized passport photos or American sized passport photos ?

The exact instructions and photo dimensions are given to you in the guide.

 

[brianmich]

hi leon,

I just want to ask something about the dependent children rocedure...me and my 13 yrs old daughter arrived in canada last May 2012. so this is my question ...how many month does it takes from the start of thier application? thanks a lot and god bless