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Spousal sponsorship

chub chub

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Sep 11, 2011
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the best thing your husband could do in Canada is to look for an immigration lawyer and tell the lawyer what you did in your application. Hopefully you have a copy of all documents/ forms that you submitted to the Canadian Embassy or to the CIC office. If the lawyer will accept your case then he will be the one to appeal the decision of the CIC office. Goodluck!
 

computergeek

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noor1987 said:
one more question...my husband's case got rejected in july 2012...but havnt receive his original papers...
can any1 tell me that whom should i contact to get his papers?? :(
we really worried about the original documents.
Request a copy of the physical file. That won't get the original documents back but it at least will get you a copy of everything that you filed. See here: http://www.cic.gc.ca/english/department/atip/index.asp. If he is in Canada he can request it himself and there is no fee. Otherwise he has to give someone in Canada permission to request the file and there is a $5 fee for CIC to process the request.

Unfortunately, it doesn't sound like you can appeal a rejection at this point, since it's been too long (you have a very limited period of time to appeal).
 

farmer200012

Star Member
Jul 8, 2012
58
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Hello,
please advice here is my situation.

I am doing masters from Quebec and just come here in august 2012 on student visa. My fiance has canadian citizenship, she is dentist and living in Ontario. We want to get married next month. Can any one advice me what is the procedure for spouse sponsorship?
 

computergeek

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farmer200012 said:
I am doing masters from Quebec and just come here in august 2012 on student visa. My fiance has canadian citizenship, she is dentist and living in Ontario. We want to get married next month. Can any one advice me what is the procedure for spouse sponsorship?
Start here: http://www.cic.gc.ca/english/information/applications/spouse.asp - this is the Inland application form. At the current time, CIC says the entire process requires 14 months (6 months for stage 1, which is sponsor approval, and 8 months for stage 2, which is applicant approval.) After Stage 1, you are eligible for an open work permit.

You have the option of going through the Outland process as well and it may be faster to obtain PR, depending upon your visa office abroad's processing time, but there is no open work permit with Outland.

Good luck!
 

Popo012

Star Member
Sep 30, 2012
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Hey computergeek

How are you doing?We just received the approval for the first stage and now they ask me for a medical exam.It only took us 4 days to receive the letter.Im really happy
 

computergeek

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Popo012 said:
Hey computergeek

How are you doing?We just received the approval for the first stage and now they ask me for a medical exam.It only took us 4 days to receive the letter.Im really happy
Congrats!

I'm almost done. I'd thought I'd be able to land tomorrow, but the US Postal Service failed to meet their 3 pm delivery guarantee. So now I have to hope they deliver the "overnight" letter tomorrow, so I can get my passport on Saturday, at which point I'm very ready to head to the border, hand them my passport and COPR, and officially end this interminable process. 40 months of this is enough for my lifetime.
 

amikety

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computergeek said:
Congrats!

I'm almost done. I'd thought I'd be able to land tomorrow, but the US Postal Service failed to meet their 3 pm delivery guarantee. So now I have to hope they deliver the "overnight" letter tomorrow, so I can get my passport on Saturday, at which point I'm very ready to head to the border, hand them my passport and COPR, and officially end this interminable process. 40 months of this is enough for my lifetime.
Congrats! That's great to hear.
 

Alurra71

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I really need some help here guys. I feel as though I am chasing my tail.

My husband is Canadian by birth. I am US citizen by birth. We were married on Oct 4, 2012; however, we have known one another since April of 2006. We had a friendship, and after his previous wife (of 42 years) passed away in January, we became romantically involved in May and married in Oct. These are my problems.

How do we document this as being an ongoing relationship since our friendship has been such a long one and it 'appears' as though our courtship to wedding was lightning speed? I have been taking notes here and there to compose a timeline of everything since we initially met.

My children are grown. My eldest daughter is 24 years old, married with 2 kids and a 3rd on the way. My son is 22 and doing his own thing. My youngest daughter is 20, engaged and living with her fiancé. She has only been living with him for 5 months.

Ok, so a little background data:

I reside in Michigan.
I am going to go to Canada to essentially 'live' with hubby in the next few weeks.
I was previously married (2 xs). I have both divorce records and such.
I will be crossing the border probably 5 days a week so I can continue to work in the US as CBSA has stated they might or might not issue me an OWP, really based on how they feel at the moment in time I guess.
I have a current visitor record in my passport.
They 'flagged' me one week before our wedding and turned me back to the US, denying me entry until I had 'proven' that I was actually residing in the US and not 'hiding' in Canada. It was one of those voluntary withdrawal types of things so the lady told me that it wouldn't affect my chances of immigration/sponsorship after the wedding.

I think that is about all the background I need to let you know about right now, because it is pertinent to my questions.

Gosh, I really hope that someone has read this post this far!! ;D

Ok, so question time:

1. Does my 20 year old daughter HAVE to go onto the application as a dependent? If so, what paperwork MUST she fill out? She does not plan on coming to Canada with me. If she MUST go on as a dependent would I actually NEED custody papers for her? She is 20 years old and custody of her was NEVER issued, it was just a ‘given’ that she lived with me and not with her dad, he never had an issue with it.

2. Which names do I put in my 0008? Do I use ALL of my previous married names as well as my maiden, or just my last married name? EX: I was born York, then married Archie, then Crawford, and now Legary. So would I put them ALL on there?

3. Should I complete a medical exam and turn it in with my initial application, or should I wait? I have already requested the fingerprint information from the FBI.

4. On the background declaration, do I actually need to list all my addresses since I was 18 years old or only my addresses for the past 10 years? The form actually says since 18, and the instruction manual says 18 or last 10 years, whichever is most recent.

5. What do I list as my current status in Canada if I am only on a visitor record?

6. Which office do I choose for my interview if necessary? I looked at all the codes and such. I think the table is telling me that it is CPP-O. Is that correct??

7. Should I file for a work permit at the same time as I file my application? I have read that an open work permit can be obtained at same time as AIP, but you get an OWP when you obtain PR status anyhow with no extra fee involved, from what I understand. I guess I am unclear of the purpose of this.

8. If I am going to be essentially staying with my husband in Canada but travelling for work into the US is it ok for us to file “within Canada”? I understand that outside of Canada is faster, but the paperwork seems much more daunting to file from outside.

9. On the 0008 it asks you to enter the last date you entered Canada. I am a little confused on this part, because if I am going between the US and Canada for work 5 days a week, do I use the date I actually set up ‘house’ with husband, or the actual last date that I came into Canada from a day’s work?

10. We were told by the US and Canada border guards that changing my passport to reflect my new married name was not an issue as I still have 6 years left on my passport before renewal. We decided that in the interest of saving time/money that we would not have my passport changed until I must renew it. Is this wise?

11. On form 5285, there is a question about length of cohabitation. Do I input the date that I actually began living with husband and then the date we are signing the application in the from to portion of that question?

12. The same form asks about friends/family and when met and such. What if my eldest children have never physically met my husband because they live so far away from me? He has only met my youngest and my roommates and some of my co-workers. I am a little concerned they will find that odd that my eldest haven’t met him yet.

13. My youngest daughters’ father and I were never married, not in a common law relationship. Do I list him in the previous marriages/common law section of form 5285 or no? I don’t think so, but want a sure answer.

If you have made it all the way, I want to thank you up front for your reading dedication. I know this is a lot of information to process and answer, but I truly appreciate any and all assistance here. I would like to send in my application as totally complete as possible to avoid delays or rejections or any of that other not so fun stuff.

I humbly await any responses. :D
 

computergeek

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Alurra71 said:
1. Does my 20 year old daughter HAVE to go onto the application as a dependent? If so, what paperwork MUST she fill out? She does not plan on coming to Canada with me. If she MUST go on as a dependent would I actually NEED custody papers for her? She is 20 years old and custody of her was NEVER issued, it was just a ‘given' that she lived with me and not with her dad, he never had an issue with it.
Yes, you have to list her, even if she is non-accompanying. Because she is an adult, there shouldn't be any question of custody. She is simply a non-accompanying dependent child. Who knows, maybe she'll want to go to college in Canada - it's quite a bit cheaper than the US.

Alurra71 said:
2. Which names do I put in my 0008? Do I use ALL of my previous married names as well as my maiden, or just my last married name? EX: I was born York, then married Archie, then Crawford, and now Legary. So would I put them ALL on there?
You need to list all names you've ever used, in addition to the name that you use now.


Alurra71 said:
3. Should I complete a medical exam and turn it in with my initial application, or should I wait? I have already requested the fingerprint information from the FBI.
The rules say to do the medical now. Its pretty much the last thing you want to do before you submit the application.

Alurra71 said:
4. On the background declaration, do I actually need to list all my addresses since I was 18 years old or only my addresses for the past 10 years? The form actually says since 18, and the instruction manual says 18 or last 10 years, whichever is most recent.
I did every address since I was 18, because that's what I've been told they require. From what others have written on this forum, if you don't list all the way back they will ask you to do so and delay your application. It is ridiculous (and challenging). I found that using an internet background service worked surprisingly well - for $50 I was able to get pretty much every address I'd ever used. The power of modern computers.

If you can't recall exact addresses, you can always put in the best effort and attach a separate document stating that this is "best effort" and you don't really remember where you lived in 1603 ( ;D )

Alurra71 said:
5. What do I list as my current status in Canada if I am only on a visitor record?
Visitor.

Alurra71 said:
6. Which office do I choose for my interview if necessary? I looked at all the codes and such. I think the table is telling me that it is CPP-O. Is that correct??
Are you applying Outland? If so, pick the one that is where you'd like to be interviewed. Otherwise it doesn't matter what you put there because CIC will send it to the right office.

Alurra71 said:
7. Should I file for a work permit at the same time as I file my application? I have read that an open work permit can be obtained at same time as AIP, but you get an OWP when you obtain PR status anyhow with no extra fee involved, from what I understand. I guess I am unclear of the purpose of this.
Are you applying Inland? If so, yes, you may submit an OWP with your application. When stage 1 is granted (currently at 6 months wait) then you will receive an open work permit. If not, you don't qualify for an OWP (not for outland).


Alurra71 said:
8. If I am going to be essentially staying with my husband in Canada but travelling for work into the US is it ok for us to file “within Canada”? I understand that outside of Canada is faster, but the paperwork seems much more daunting to file from outside.
Actually, outside Canada is now officially slower than inland as of this week's timeline update (14 months for Inland, 14.5 months for Outland). If you file inland but leave Canada and are refused re-entry, your application will be terminated. If you apply Outland, you are free to be anywhere in the world.

Alurra71 said:
9. On the 0008 it asks you to enter the last date you entered Canada. I am a little confused on this part, because if I am going between the US and Canada for work 5 days a week, do I use the date I actually set up ‘house' with husband, or the actual last date that I came into Canada from a day's work?
Write one down, attach a sheet and explain what your answer means.

Alurra71 said:
10. We were told by the US and Canada border guards that changing my passport to reflect my new married name was not an issue as I still have 6 years left on my passport before renewal. We decided that in the interest of saving time/money that we would not have my passport changed until I must renew it. Is this wise?
No issues.

Alurra71 said:
11. On form 5285, there is a question about length of cohabitation. Do I input the date that I actually began living with husband and then the date we are signing the application in the from to portion of that question?
That's what we did. You can attach a statement noting that you are planning on continuing cohabitating beyond the date you sign it as well, but it worked for our application.

Alurra71 said:
12. The same form asks about friends/family and when met and such. What if my eldest children have never physically met my husband because they live so far away from me? He has only met my youngest and my roommates and some of my co-workers. I am a little concerned they will find that odd that my eldest haven't met him yet.
Then say so and explain why. They may find it odd, but you need to be truthful with them. And they've heard it all by now.

Alurra71 said:
13. My youngest daughters' father and I were never married, not in a common law relationship. Do I list him in the previous marriages/common law section of form 5285 or no? I don't think so, but want a sure answer.
If you were never married and never in a common law relationship then no, you would not list him on Form 5285.

What kind of work do you do? Because if you qualify for a NAFTA professional position you could just find a job in Canada - no LMO required, very easy to get a work permit at the border. THAT can make this entire experience much less stressful as well.

I'd normally suggest getting a Nexus card, but with a red flag you may be refused one by Canada. Nexus cards are incredible when you're crossing the border regularly.
 

Alurra71

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Hi Computergeek, thank you for your prompt responses, but I still am not sure about the dependent issue .....

According to the instruction manual:

Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements of types A, B or C below:

It obviously goes on to describe those 3 categories, however my question keeps coming in at the "...can be considered a dependent child if ..." It doesn't say MUST, it says CAN. I really wish I felt better about knowing absolute on this issue. She is employed full time, engaged and living with her fiance, I still can't quite wrap my head around the fact they DEMAND she be listed as a dependent on this application. Which still did not answer the second part of the question either. If they are demanding I put her on this application as my dependent. Which forms must SHE fill out to add to this package? I know the background declaration, medical and fingerprints part, but does she have to file her own 0008 or anything else as well? If she does have to be listed on my application and she fills out all the required information, does that grant her PR when I am granted my PR as well? I just don't understand that part of it.

I have already applied for a NEXUS card and have an interview on Oct 25th. If anyone is using one of these, does it tend to ease the 'burden' of crossing frequently? When I said that I had been 'flagged' in the system, it was not a negative flag, from what I was ensured by several border guards, just that they wanted proof of residency at that time which I provided, but they said they cant remove a flag, only Ottawa can do that and they said since they put me in the system now with a visitor record that would be a flag anyhow, so moot point. I don't understand the rules and regulations by a long shot.

Another question I did manage to bring up was about Open Work Permits. I was doing some research and I do understand that when you file for PR inland and do your OWP at same time, you will get that with AIP. What I wanted to know, was has anyone tried getting an OWP at the border from CBSA after having medical and such done? I have read that you CAN get one that way if you have already done your medical and are cleared and are a spouse and residing in Canada with spouse. I don't mean foreign worker spouse status. Well, here, is a link I used to glean this information, so maybe someone else can take a look and see if I am just grasping at straws here.

The pertinent sections are 10.1 and 10.2 pp 102/103 ....

cic.gc.ca/English/resources/manuals/fw/fw01-eng.pdf

there is obviously an address bar with http and www included but it won't allow me to post links. Don't forget the ;// after the http ;)
 

scylla

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Alurra71 said:
I have already applied for a NEXUS card and have an interview on Oct 25th. If anyone is using one of these, does it tend to ease the 'burden' of crossing frequently? When I said that I had been 'flagged' in the system, it was not a negative flag, from what I was ensured by several border guards, just that they wanted proof of residency at that time which I provided, but they said they cant remove a flag, only Ottawa can do that and they said since they put me in the system now with a visitor record that would be a flag anyhow, so moot point. I don't understand the rules and regulations by a long shot.

Another question I did manage to bring up was about Open Work Permits. I was doing some research and I do understand that when you file for PR inland and do your OWP at same time, you will get that with AIP. What I wanted to know, was has anyone tried getting an OWP at the border from CBSA after having medical and such done? I have read that you CAN get one that way if you have already done your medical and are cleared and are a spouse and residing in Canada with spouse. I don't mean foreign worker spouse status. Well, here, is a link I used to glean this information, so maybe someone else can take a look and see if I am just grasping at straws here.

The pertinent sections are 10.1 and 10.2 pp 102/103 ....

cic.gc.ca/English/resources/manuals/fw/fw01-eng.pdf

there is obviously an address bar with http and www included but it won't allow me to post links. Don't forget the ;// after the http ;)
Both my husband and I have had a Nexus card for close to 5 years now. It certainly makes border crossings easier because you typically don't have to speak with a human. However it doesn't guarantee a smooth crossing. Before she became a PR, a good friend of mine (also a Nexus card holder) came within an inch of being refused entry to Canada after about two hours of questioning. So the short answer is that it definitely makes things better but isn't fail safe.

You are grasping at (unfortunately) non-existent straws with the OWP. The first part of section 10 includes the statement "Open work permits should not be issued unless the person concerned may be issued a work
permit that is exempt from an LMO." In other words, all of the information in section 10 assumes you can obtain a work permit without an LMO. To qualify to apply for a work permit without an LMO, you must fall into one of the categories in the link below:

http://www.cic.gc.ca/english/work/apply-who-permit.asp

The fact that you have completed your medical and are living with your Canadian spouse in Canada does not make you LMO exempt.
 

hs202

Hero Member
Nov 21, 2009
290
17
I have a question.

It takes about 3 to 4 years for spousal application from my country. What is the best way. Someone told me that I can call my spouse on visit visa. How effective is it and if it is effective, why dont people use this method instead of waiting for few years.
And how long is this visit visa valid if I have PR

All I am interested in is my spouse to be here in Canada. I can apply for her immigration later.
 

computergeek

VIP Member
Jan 31, 2012
5,143
277
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Vancouver BC
Category........
Visa Office......
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Pre-Assessed..
App. Filed.......
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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
hs202 said:
I have a question.

It takes about 3 to 4 years for spousal application from my country. What is the best way. Someone told me that I can call my spouse on visit visa. How effective is it and if it is effective, why dont people use this method instead of waiting for few years.
And how long is this visit visa valid if I have PR

All I am interested in is my spouse to be here in Canada. I can apply for her immigration later.
IF you can get a visitor visa for your spouse, then you can apply via the inland process and your spouse can remain with you in Canada while it is processed. The problem is that many people find they cannot get a TRV for their spouse and thus are forced to wait for the process.