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Spousal sponsorship

msprisci

Full Member
Oct 29, 2012
28
0
Miami
Category........
Visa Office......
Mexico
Job Offer........
Pre-Assessed..
App. Filed.......
22-01-2013
AOR Received.
03-06-2013
File Transfer...
20-02-2013 Sponsorship Approval
Med's Done....
04-01-2013
Interview........
WAIVED!
Passport Req..
02-12-2013
KaZRa said:
Hi all, I am new here, looking for some insight :)

I am Canadian and engaged to an American, we plan to wed in November 2013. I am not sure how to begin the process for his immigration to Canada. Is there something we should be starting now or should we wait until he is here and we are married then apply for something? Everything I have read says it is much easier to do the process if he is already here. If he comes in say Sept. can he just stay or request permission to stay past his return date? I am seriously looking for some good advice as to where/how to begin this. Thanks!
The two processes are quite different, and both offer pros and cons.

If you apply for sponsorship with your husband inside Canada, he will be able to apply for an open work permit once you are approved as a sponsor, BUT the process is much longer than if he was outside Canada.
If you apply from outside Canada, the process should go fast, but he will have to apply for entry visas seperatly and keep them valid (which is not very hard for an american).

Since he is American, and he is easily granted a 6 months entry already, I would suggest you to start cumulating the paperwork, photos, telephone bills, internet bills on both names, chat, and when you know you are about to send your application (i.e. most probably after the wedding, so you don't have to show all the paperwork for common-law partners) apply for the FBI check, since from the date you send the info to FBI, it takes them between 4 to 6 weeks to send you the results back!

In the end, it depends what are your priorities; be done with the immigration stuff asap (apply outside canada) or be in Canada together and not worry about having the permission to work.
 

KaZRa

Star Member
Feb 5, 2013
186
4
Our priority is to remain together while going through this process so would def be applying from within Canada. I have a good job, but neither one of us can afford an immigration lawyer. I could really use a site like this or a good buddy who knows the ropes. Thanks for your response and I hope you don't mind me picking your brain from time to time :)
 

IslandAnnie

Hero Member
Nov 9, 2012
350
22
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
23-11-2012
AOR Received.
29-11-2012
File Transfer...
29-11-2012
Med's Done....
14-11-2012
Passport Req..
08-05-2013 never received, pp submitted 09-07-2013
VISA ISSUED...
31-07-2013
LANDED..........
22-08-2013
KaZRa said:
Hi all, I am new here, looking for some insight :)

I am Canadian and engaged to an American, we plan to wed in November 2013. I am not sure how to begin the process for his immigration to Canada. Is there something we should be starting now or should we wait until he is here and we are married then apply for something? Everything I have read says it is much easier to do the process if he is already here. If he comes in say Sept. can he just stay or request permission to stay past his return date? I am seriously looking for some good advice as to where/how to begin this. Thanks!
In addition to what the previous poster listed, there are another couple of pros/cons to consider -

For applying Outland
- you have the right to appeal if for some reason your application is refused (you don't if applying Inland)
- if you are asked to attend an interview, it would be at a US Visa office (you are asked on the application form what US office you prefer if an interview is required) - just to note, interviews for US applicants are very rare

For applying Inland
- if for any reason you need to leave Canada during the process and are denied entry back into the country, your application is completely cancelled (you must be in Canada for PR to complete) - being refused re-entry is rare, but possible.
 

msprisci

Full Member
Oct 29, 2012
28
0
Miami
Category........
Visa Office......
Mexico
Job Offer........
Pre-Assessed..
App. Filed.......
22-01-2013
AOR Received.
03-06-2013
File Transfer...
20-02-2013 Sponsorship Approval
Med's Done....
04-01-2013
Interview........
WAIVED!
Passport Req..
02-12-2013
KaZRa said:
Our priority is to remain together while going through this process so would def be applying from within Canada. I have a good job, but neither one of us can afford an immigration lawyer. I could really use a site like this or a good buddy who knows the ropes. Thanks for your response and I hope you don't mind me picking your brain from time to time :)
Good idea not to get a lawyer! We did the mistake to try one and he lasted one 100$ sessions... After that, he sent me an aprologizing email stating that he was sorry he couldn't help me more, and that he was impressed with everything I knew (with all my readings and this forum ^^ ) You clearly will get more input from this forum/real-life experience.
 

computergeek

VIP Member
Jan 31, 2012
5,143
277
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
tuyen said:
It's there (exact photo dimensions).

IMM 3910 (for U.S. residents - on the last page of the guide).

http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
Except the question was how many pictures are required - not "what is the format required". If it had been a format required question I'd agree with your answer, but it was a quantity required question.
 

computergeek

VIP Member
Jan 31, 2012
5,143
277
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
IslandAnnie said:
For applying Outland
- you have the right to appeal if for some reason your application is refused (you don't if applying Inland)
- if you are asked to attend an interview, it would be at a US Visa office (you are asked on the application form what US office you prefer if an interview is required) - just to note, interviews for US applicants are very rare
Also keep in mind that the chance of being refused on an Outland application are 2x that of an inland application (17% versus 8% according to the CIC figures from last October). Plus, the "right of appeal" means "the right to wait more than two years (in Toronto at least) in order to receive a hearing". For either class of application, if the decision is procedurally flawed or wrong in law, you have the right to apply to Federal Court for judicial review, which at least doesn't take 2+ years, even in Toronto.

Honestly, if you have a clear relationship, that right of appeal isn't a terribly persuasive consideration in my mind. Note that even though I had the choice, I applied Outland at the time (March 2012), though in my case I suspect the process would have been about the same length Inland as it was Outland.
 

tuyen

Hero Member
Oct 19, 2012
889
59
Tronna
Job Offer........
Pre-Assessed..
computergeek said:
Except the question was how many pictures are required - not "what is the format required". If it had been a format required question I'd agree with your answer, but it was a quantity required question.
"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 ?"
 

KaZRa

Star Member
Feb 5, 2013
186
4
Oh we have a clear relationship. We have been involved since May 12th, 2012 and have tons of messages, emails, trips back and forth, photos etc etc. Ok, my next question would be IF we decided to try the outland option, it could take a long time, correct? He wants to come here in Sept. and marry in November so if we chose outland would any of that still be possible?
 

computergeek

VIP Member
Jan 31, 2012
5,143
277
124
Vancouver BC
Category........
Visa Office......
CPP-O/LA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
AOR Received.
21-06-2012
File Transfer...
21-6-2012
Med's Done....
11-02-2012
Interview........
Waived
Passport Req..
26-09-2012
VISA ISSUED...
10-10-2012
LANDED..........
13-10-2012
tuyen said:
"How many passport photos are required for medical exam for immigration to canada?"
And that is not answered in the country specific guide.
 

msprisci

Full Member
Oct 29, 2012
28
0
Miami
Category........
Visa Office......
Mexico
Job Offer........
Pre-Assessed..
App. Filed.......
22-01-2013
AOR Received.
03-06-2013
File Transfer...
20-02-2013 Sponsorship Approval
Med's Done....
04-01-2013
Interview........
WAIVED!
Passport Req..
02-12-2013
KaZRa said:
Oh we have a clear relationship. We have been involved since May 12th, 2012 and have tons of messages, emails, trips back and forth, photos etc etc. Ok, my next question would be IF we decided to try the outland option, it could take a long time, correct? He wants to come here in Sept. and marry in November so if we chose outland would any of that still be possible?
Well since you've only been together since may 2012, and you can't apply for common-law since it hasn't been a year of cohabitation, I would suggest that he comes to Canada as a visitor, like any other American that can come 6 months/year without much problems as long as he shows he can support himself without working and has ties in USA. Then in November you get married as planned, and then apply for the sponsorship. Now since you applied outland, he will have to make sure he is retaining his legal visitor status in Canada, otherwise, he will have to leave, and get a visa.

I don't believe it says anywhere that at the time of application for an outland sponsorship, the applicant is supposed to live abroad...He is not residing in Canada, only visiting.
It does say that the applicant has to apply in the visa office from the country he is legally residing (visitor doesnt mean residing); USA

Hope it helps!
 

tuyen

Hero Member
Oct 19, 2012
889
59
Tronna
Job Offer........
Pre-Assessed..
computergeek said:
And that is not answered in the country specific guide.
And the page YOU gave him doesn't answer the second part of his question. So nah. :p
 

CanadianJeepGuy

Champion Member
Jun 24, 2012
2,666
99
Winnipeg, Manitoba
Category........
Visa Office......
Manila
NOC Code......
N/A
Job Offer........
Pre-Assessed..
App. Filed.......
10-05-2012; "In Process" 26-04-2013
Doc's Request.
docs and pics resent 04-09-2012
AOR Received.
16-08-2012 (Unofficial. Received email missing docs)
File Transfer...
09-10-2012
Med's Request
April 14th 2013
Med's Done....
Dec 2011; re-med May 06 2013
Interview........
Waived
Passport Req..
May 06 2013
VISA ISSUED...
May 27 2013
LANDED..........
June 15th 2013

wonderwoman

Newbie
Mar 28, 2012
1
0
So I have submitted an inland application for my spouse. He is here from Europe with just a 6 month stamp in his passport. We got married in October and by the time I finished everything in the application and got the marriage certificate, it was the beginning of January.
I work full time and part time to make ends meet and he is bored out of his mind...He can't work and he can't go to english classes yet because he is not allowed. I live in the suburbs and not in the city so he pretty much has no where to go. Summer is in 6 months and I know for sure we won't have his PR by then and the bottom line is he wants to go home to visit his parents and his brothers. He has no one here and when I am working all the time, he doesn't even have me.
I always read on the CIC website that it is not recommended to leave Canada with a pending application, especially if you need a visa to come back to Canada. I called CIC the other day and questioned it. I was told that as long as he has a valid passport he can leave and come back and that my application would be in the system anyway if we get hauled into immigration at the airport. So...good news right?
I hang up and call again to see if I get the same answer. The next CIC officer pretty much read me what was on the internet and said how visiting Canada is not a right but a privilige.
So now what??
On a side note...Immigrating to Canada is looked at as such a great thing and there are so many wonderful things here that this country has to offer....My concern is I see my husband faced with many hardships and lonliness. What do I do?
 

CanadianJeepGuy

Champion Member
Jun 24, 2012
2,666
99
Winnipeg, Manitoba
Category........
Visa Office......
Manila
NOC Code......
N/A
Job Offer........
Pre-Assessed..
App. Filed.......
10-05-2012; "In Process" 26-04-2013
Doc's Request.
docs and pics resent 04-09-2012
AOR Received.
16-08-2012 (Unofficial. Received email missing docs)
File Transfer...
09-10-2012
Med's Request
April 14th 2013
Med's Done....
Dec 2011; re-med May 06 2013
Interview........
Waived
Passport Req..
May 06 2013
VISA ISSUED...
May 27 2013
LANDED..........
June 15th 2013
wonderwoman said:
So I have submitted an inland application for my spouse. He is here from Europe with just a 6 month stamp in his passport. We got married in October and by the time I finished everything in the application and got the marriage certificate, it was the beginning of January.
I work full time and part time to make ends meet and he is bored out of his mind...He can't work and he can't go to english classes yet because he is not allowed. I live in the suburbs and not in the city so he pretty much has no where to go. Summer is in 6 months and I know for sure we won't have his PR by then and the bottom line is he wants to go home to visit his parents and his brothers. He has no one here and when I am working all the time, he doesn't even have me.
I always read on the CIC website that it is not recommended to leave Canada with a pending application, especially if you need a visa to come back to Canada. I called CIC the other day and questioned it. I was told that as long as he has a valid passport he can leave and come back and that my application would be in the system anyway if we get hauled into immigration at the airport. So...good news right?
I hang up and call again to see if I get the same answer. The next CIC officer pretty much read me what was on the internet and said how visiting Canada is not a right but a privilige.
So now what??
On a side note...Immigrating to Canada is looked at as such a great thing and there are so many wonderful things here that this country has to offer....My concern is I see my husband faced with many hardships and lonliness. What do I do?
He can volunteer in something he finds interesting while he passes the time. That would also look good on a resume when it comes time for him to get a job.
He should not feel so bad really as most of us are sponsoring our spouses abroad. I have only seen my wife for 5 weeks over the last 2 years.