Spousal sponsorship

[am4u2ster]

Hello Everyone

As per CIC it indicates that your file is under process.
I have submitted my wife spousal immigration file on 31st October 2011. and i have received AOR. my backgground and everything is done in Feburary 2012, and they have forwarded file CIC New Delhi, within 4 weeks CIC New delhi has requested for the passport and we have submitted the passport accordingly, and then in july 2012 CIC New Delhi has schedule a interview of my wife immigration file, everything went well but they want some divorce documents of my previos marriage, which they believe is not sufficient. henceforth we have send a divorce paper accordinly, in August 2012. then i have got a status on CIC, we have started processing your from 10th Septmber 2012, still i haven't heard anything back CIC New Delhi..

AS per CIC
We have received your application on 30th October 2011

We have started processing application on 10th September 2012

Medical Results have been Received.

Your interview schedule on 12th July 2012.



Your thoughts are very helpful in this matter..

 

[cempjwi]

Hi everyone,

I just have a quick question !

My boyfriend (Aussie) and I (Canadian) are applying from INSIDE Canada. We are currently in Australia, and my visitor VISA is running out so we're getting all our papers and forms ready before we go to Canada.

So I've been looking into the Guide on CIC and I've seen they're asking fro fingerprints if you have lived outside your country for more than 6 months.

My boyfriend had a working holiday visa for year and a visitor visa for a year (both visas for Canada), does he need to get fingerprints? Can he get it done in Australia and use them with his INSIDE application while we send everything from Canada.

Thanks for your help,

Marie-Lou.

The firnger prints are used by the entities in each country to search for criminal records. Yes, he needs them. He can get his fingerprints done in Australia as long as the RCMP accepts the fingerprint cards used in australia (make sure the forms contain all of the information they need to have on them).

Here's the link for it:
http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm

Just make sure that if you make the request from Australia, they send the results to the address you will be at in Canada (although it may be possible that the will send the results directly to CIC). You will need to find that out - perhaps the CIC instructions for Australia and the RCMP instructions will help you determine that.

 

[Mlneron]

Awesome ! thanks for your help !!

Can he just get them done in Canada you think ?

 

[MsCyn]

Hi everyone!

I have some questions regarding sponsoring spouse to Canada.

I am an Indonesian and will be marrying a Canadian from Quebec in Indonesia this year.
We have decided that I should just follow him back to his home country. Just a little background of both of us, we have been together for 8 years and I have been going back and forth to Canada since 2007 by being sponsored by his parents and also stayed there for a year to complete my studies under a student visa.

Currently I am in my home country and should we proceed with the wedding this year, how should I apply for PR? Do I apply it in Canada or in Indonesia? And also the fact that he's from Quebec, I understand that I have to passed some requirements to migrate? Will it be more complicated? Applying in my home country would be faster to process right?

By the way, I currently have a 5 years TRV that's valid til 2016 sponsored by him.


Really appreciate if anyone can give some advice.
Thank you!

 

[Yslandgurl]

Hi All,

First I would like to thank this forum for all the detailed help that has been diligently posted by the knowledgeable people around here. I need help with my application process. I came in on the Caregiver program and got married before the end of my contract. I am now working on my Spousal Application and would also want to work on my change status to apply for an Open Work Permit at the same time. i have been looking at the open work permit applications and I am confused on what form to use. Reading other sites tend to confuse me all the more. Would appreciate any kind help - like the generic number of the form that I need to correctly fill up. I printed the IMM5710 AND 5708 forms but do not know which to use. Thank you!

 

[cempjwi]

Awesome ! thanks for your help !!

Can he just get them done in Canada you think ?

Yes, he can.

 

[cempjwi]

Hi everyone!

I have some questions regarding sponsoring spouse to Canada.

I am an Indonesian and will be marrying a Canadian from Quebec in Indonesia this year.
We have decided that I should just follow him back to his home country. Just a little background of both of us, we have been together for 8 years and I have been going back and forth to Canada since 2007 by being sponsored by his parents and also stayed there for a year to complete my studies under a student visa.

Currently I am in my home country and should we proceed with the wedding this year, how should I apply for PR? Do I apply it in Canada or in Indonesia? And also the fact that he's from Quebec, I understand that I have to passed some requirements to migrate? Will it be more complicated? Applying in my home country would be faster to process right?

By the way, I currently have a 5 years TRV that's valid til 2016 sponsored by him.


Really appreciate if anyone can give some advice.
Thank you!

You should apply INLAND if you are IN CANADA, or apply OUTLAND if you are not. You cannot decide based on which takes less time; you must decide based on you location (the applicant's location, not the sponsor's). Since you have a TRV, you guys are able to decide where you should be, if in Canada or Indonesia, but know that if you apply while in Indonesia, you may have issues entering Canada later on. If you try to enter Canada after you get married, your TRV circumstances change and if you are asked at the port of entry about any changes in your circumstances you should not lie about you now being married, and if you do lie that may cause issues with your PR application. Also, disclosing that you are married to a Canadian and not being a PR may be cause for issues at the port of entry as well because that may be a reason to violate the terms of you TRV (not to attempt to stay). It is all a catch 22 situation. Best is always to marry in Canada and start he process there but it seem you will not be doing that.

Regardless, INLAND or OUTLAND, if your spouse lives in Quebec you both must meet Quebec's requirements and that may result in a longer processing time. However, if you apply INLAND you can apply for an open work permit that will allow you to work as soon as sponsorship is approved.

 

[hassan332]

Honestly? Try to get her a TRV to come visit BEFORE you get married. Then marry and use that TRV to bring her back to Canada and file for "spouse in-Canada" class sponsorship (the "inland" sponsorship). After you are married, it becomes much more difficult.

Islamabad has a very long wait (more than two years). Unless your future bride has stellar job prospects and/or is wealthy, an outland application will require that she wait out the process in Islamabad. Fortunately, as a Canadian Citizen, you could go to Pakistan to live with your future wife while they spend a couple years processing your application.

Good luck!

What would be the best reason they could provide travel visa? Should I state tourism? Meeting family? We are not very rich neither my wife to be....

 

[computergeek]

You should apply INLAND if you are IN CANADA, or apply OUTLAND if you are not. You cannot decide based on which takes less time; you must decide based on you location (the applicant's location, not the sponsor's).

Sorry, but this is not true. You may always apply outland, regardless of where you are located in the world - I applied via outland (second application) but lived in Canada the entire time (on a work permit).

It is true that you must be living in Canada with your spouse to file an inland application.

Since you have a TRV, you guys are able to decide where you should be, if in Canada or Indonesia, but know that if you apply while in Indonesia, you may have issues entering Canada later on. If you try to enter Canada after you get married, your TRV circumstances change and if you are asked at the port of entry about any changes in your circumstances you should not lie about you now being married, and if you do lie that may cause issues with your PR application. Also, disclosing that you are married to a Canadian and not being a PR may be cause for issues at the port of entry as well because that may be a reason to violate the terms of you TRV (not to attempt to stay). It is all a catch 22 situation. Best is always to marry in Canada and start he process there but it seem you will not be doing that.

This is a rather pessimal picture. It is very likely that you'll never be asked anything more than "how long are you staying in Canada". Having a return ticket is quite important as well. Having the TRV in advance certainly helps and it sounds as if the VO has already reviewed your circumstances and determined you are not likely to overstay - that's the BIGGEST factor in your favour. As long as you don't do anything that makes it look like you are planning on overstaying in Canada, you should be just fine.

This would include having a return ticket AND sufficient funds for your visit. If they ask about your PR application (which will start showing up on your file shortly after sponsor approval) you just need to know what to say - "I am visiting my family here while my PR application is in process. I will be going back on X date and I have my return ticket here."

 

[cempjwi]

Sorry, but this is not true. You may always apply outland, regardless of where you are located in the world - I applied via outland (second application) but lived in Canada the entire time (on a work permit).

It is true that you must be living in Canada with your spouse to file an inland application.

This is a rather pessimal picture. It is very likely that you'll never be asked anything more than "how long are you staying in Canada". Having a return ticket is quite important as well. Having the TRV in advance certainly helps and it sounds as if the VO has already reviewed your circumstances and determined you are not likely to overstay - that's the BIGGEST factor in your favour. As long as you don't do anything that makes it look like you are planning on overstaying in Canada, you should be just fine.

This would include having a return ticket AND sufficient funds for your visit. If they ask about your PR application (which will start showing up on your file shortly after sponsor approval) you just need to know what to say - "I am visiting my family here while my PR application is in process. I will be going back on X date and I have my return ticket here."

I understand your rage regarding my answer but rather than going exclusively by personal experince I go by what's on the books. Just because applying OUTLAND while INLAND worked for you it does not mean that it will work for everyone. If CIC had wanted to mess with your application and asked to prove that you were actually living outside of Canada then you could have not proved it and your OUTLAND application may have been gone down a tube. CIC is very specific about when to apply inland or outland (otherwise why have separate types?) and while it seems you got away with which was not true, that does not mean everyone will get a choice over the matter and go well. Not everyone gets the fairy tale immigration story, some people go through nightmares and as far as immigration goes, you can always expect things to go awry and one must be ready for that.

 

[angel2]

hi,,,my husband is in canada,,he have a working permit..and my question is,,cud he sponsord me even if he just hve a working permit and not a PR?thnx guys....

 

[IslandAnnie]

I understand your rage regarding my answer but rather than going exclusively by personal experince I go by what's on the books. Just because applying OUTLAND while INLAND worked for you it does not mean that it will work for everyone. If CIC had wanted to mess with your application and asked to prove that you were actually living outside of Canada then you could have not proved it and your OUTLAND application may have been gone down a tube. CIC is very specific about when to apply inland or outland (otherwise why have separate types?) and while it seems you got away with which was not true, that does not mean everyone will get a choice over the matter and go well. Not everyone gets the fairy tale immigration story, some people go through nightmares and as far as immigration goes, you can always expect things to go awry and one must be ready for that.

I did not sense any rage from computergeek.. he was simply clarifying the facts as they are from CIC. If people look back on your previous posts it will be clear that you have an agenda in trying to influence how people file their applications.

Thank goodness for computergeek and the other very well informed "resident experts" here on these forums... they present the options for us that comply with CIC regulations WITHOUT BIAS that allow people to choose the option that suits their unique circumstances.

 

[cempjwi]

I did not sense any rage from computergeek.. he was simply clarifying the facts as they are from CIC. If people look back on your previous posts it will be clear that you have an agenda in trying to influence how people file their applications.

Thank goodness for computergeek and the other very well informed "resident experts" here on these forums... they present the options for us that comply with CIC regulations WITHOUT BIAS that allow people to choose the option that suits their unique circumstances.

Agenda? I am not sure how anyone could possibly think I have an agenda while I have nothing to do with their applications. People ask quetions and I answer based on what I have read on the CIC website; just because someone has received a COPR and landed or answered 100 posts per days does not make them an expert in Canadian immigration. An agenda would be to make them think they can get away with anything they wish and that is not true about any of my postings. When I have answered I have given all of the perspectives (and not necessarily as options), without suggesting that they can do something just because someone I read about got away with it. We all have unique cases and we are all able to decide in the end what we can and cannot do. If someone asks about moving to Canada to be able to apply inland I would only tell them what the consequences may be, I would not tell them 'sure go ahead because someone else did that' or tell them that they should not. Saying that it entering Canada as a visitor with the intentions of lodging an inland PR application can go 100% without consequences is not only taking advantage of those that don't know anything but also plain irresponsible.

 

[computergeek]

I understand your rage regarding my answer but rather than going exclusively by personal experince I go by what's on the books. Just because applying OUTLAND while INLAND worked for you it does not mean that it will work for everyone. If CIC had wanted to mess with your application and asked to prove that you were actually living outside of Canada then you could have not proved it and your OUTLAND application may have been gone down a tube. CIC is very specific about when to apply inland or outland (otherwise why have separate types?) and while it seems you got away with which was not true, that does not mean everyone will get a choice over the matter and go well. Not everyone gets the fairy tale immigration story, some people go through nightmares and as far as immigration goes, you can always expect things to go awry and one must be ready for that.

I certainly didn't feel any "rage" at your previous post, I was merely trying to correct the misinformation that you had provided.

From OP 2:

5.1. Family class requirements

Members of the family class and their family members must meet the following requirements:
• they must have an eligible relative, or spouse, common-law partner or conjugal partner who
meets the requirements for sponsorship;
• they must prove their identity, age and relationship among themselves and to their sponsor;
• the applicant and family members must not be described in any of the inadmissible classes;
and
• they must have valid and subsisting passports or travel documents.

Nothing in this list says that an application via a visa office abroad must be living outside Canada. On the other hand, the operational manuals and IRPR do state that in order to qualify for the in-Canada class you must be living in Canada with your spouse - that's why the general recommendation is that you remain in Canada, because if you are refused re-entry you cease to qualify for inland sponsorship.

As for my experience, I'm quite certain that had I not dotted every i and crossed every t that my second application would have been refused, as my first application (FSW) had actually been refused and I was in the process of seeking judicial review of that application. I've only known a couple US/Canada couples living in Canada that applied inland - the vast majority apply via the outland process precisely because it is faster.

My own journey through immigration was 3 years, 3 months, 17 days from initial application to landing as a permanent resident. Thus, I found your comment about a "fairy tale immigration story" rather odd. Indeed, I learned about immigration because of my own experiences.

I have a copy of IRPR on my computer and I routinely refer to it to answer questions on this forum. If you can find something in IRPA or IRPR - or even an OP - that says one must be outside Canada in order to be sponsored through a visa office abroad, please do post it and I'll be happy to apologize to you for my mistake here in public.

In the end, anyone reading this should take any advice on this forum - including mine - with a healthy dose of skepticism. If there is any doubt, consult with a qualified immigration attorney.

 

[computergeek]

hi,,,my husband is in canada,,he have a working permit..and my question is,,cud he sponsord me even if he just hve a working permit and not a PR?thnx guys....

This question should be posted in the work permits section. But the basic answer is that if he has a work permit for a NOC O, A or B position of six months or more duration then you are eligible to apply for an open work permit.