Spousal sponsorship

[darshan patel]

Hi all
With all respect I am looking for some help here.
I would like to add some details about me before I mentioning my current situation.

I am dash from India currently living here in Canada from last 6 to 7 months (lived here in Vancouver for 2 months in Jan 2013 to march 2013 and permanent resident of Canada and Australia).lived in Australia for more than 6 years, was been married for 4 years. I have applied all my pr application for Canada (offshore (under fsw 2 program)) and for Australia onshore. Means for both of my pr application (aus and can) I was the main applicant and my wife was secondary applicant. I never claimed any points of my wife's education or work for immigration purpose.

I applied my pr for Canada from Australia in October 2010 and finally got it in November 2012, landed with my wife on January 15,2013 to march 15 2013 (I was the main applicant for both pr application and my wife was spouse dependent),got Australian pr on may 2013.
Now situation is changed

From July 2012 my wife's behaviour was changed and she was keep winging that if I will get Canadian pr than she will refuse to come Canada and want divorce. Her family members also supported her as well. She want to stay in Australia, we had our (personal, social and family) issues as well, from July 2012 onwards we were living separately in same house we had no any relationship. But still we were husband and wife giving each other enough time to solve our problems.

We were supported each other as a husband and wife(was paying her uni fees aus $ 40000), when we both got Canadian pr she came with me for 2 months we stayed at my sister's house until we both got the Canadian pr card than we moved back to Australia(Melbourne).within 3 months of time we both got our Australian pr as well,

After moved back to Australia she was asking for divorce (with mutual understanding), we stayed in Australia until we both got our Australian pr visa stamped, finally we moved to India were we both originally from and were we both got marry(register our marriage) and lodge a petition for divorce in family(in early June, 2013) court with the help of family lawyers. We both give us enough time to understand each other and short out our problems. But things doesn't working out still and possibly within 6 months of the date of divorce petition lodgement, we both will get our divorce(will receive decree of a divorce).

So in this situation what I suppose to do with my future. I would like to add that it was very hard to get pr for both of this country.
My real problems are, if I will get divorce what I suppose to do first,

1. Should I have to inform both Canada and Australian immigration?

2. Will Canada immigration accept my divorce form India were I originally merry and registered it over there ?

3. My parents are pushing me for second marriage, after getting divorce how much time it will take for CIC to give new spouse visa to my second sponsored wife. (Because every need life companion) If I will get marry again?


I have already bought a business as well here in Canada, invested my all savings.so my plan to live here in Canada.I am little bit worried for my future as well. just in case I will marry second time and Canada will refuse to give spouse visa to my second wife.

If any one guide on above, then I will really appreciate all efforts. I am looking for accurate information. Not assumptions?

Thank for reading my above post, thanks you very much.
Regards

Dash

 

[computergeek]

1. Should I have to inform both Canada and Australian immigration?

I cannot speak to Australian immigration, but Canadian immigration does not care once you have become a permanent resident.

2. Will Canada immigration accept my divorce form India were I originally merry and registered it over there ?

Yes.

3. My parents are pushing me for second marriage, after getting divorce how much time it will take for CIC to give new spouse visa to my second sponsored wife. (Because every need life companion) If I will get marry again?

You can sponsor as soon as you are married. Note that because you are a permanent resident, you must be residing in Canada throughout the process. Normal processing time is ~14 months. You may visit, but you cannot live outside Canada or your sponsorship will be refused.

In addition, it is quite likely that CIC will carefully scrutinize another application, so you will need to make sure to clearly document the legitimate nature of your second marriage. Your spouse will be only granted conditional PR (so that she must remain in the relationship with you for two years after becoming a permanent resident) and you will be responsible for her for three years after she lands.

I have already bought a business as well here in Canada, invested my all savings.so my plan to live here in Canada.I am little bit worried for my future as well. just in case I will marry second time and Canada will refuse to give spouse visa to my second wife.

In general they would need grounds to do so. A refusal may also be appealed before the IAD. But as long as it is a legitimate marriage it won't be refused.

 

[jadeja]

friends and seniors

I need your help as I want to apply on my own to sponsor my wife. I became PR last year and went back to get married. Now after getting married in december, I'll return back to Canada. I want to know how long after staying there, can I apply to sponsor her? what if I don't get a job immediately? moreover I have not earned and hence have no tax papers, what is the correct way to apply. Please help me.

thanks

 

[RoczaneGManagad]

Hi Everyone!! I plan on sponsoring my husband in a couple of months because we're still in the process of fixing his birth certificate(f instead of m), im curious, I have a daughter from a previous relationship, canadian citizen but she's living in the philippines right now, and I am financially responsible for her, my question is, will there be an income requirement for me on sponsoring my husband? I hope sOmeone could help me on this one. Thanks and God bless.

 

[iamlost]

How come the singapore proccesing time is 28 months now does it really take that long ?

 

[CanadianJeepGuy]

Hi Everyone!! I plan on sponsoring my husband in a couple of months because we're still in the process of fixing his birth certificate(f instead of m), im curious, I have a daughter from a previous relationship, canadian citizen but she's living in the philippines right now, and I am financially responsible for her, my question is, will there be an income requirement for me on sponsoring my husband? I hope sOmeone could help me on this one. Thanks and God bless.

There is no income requirement but you would have to explain how you plan to manage your husbands financial needs.

 

[RoczaneGManagad]

There is no income requirement but you would have to explain how you plan to manage your husbands financial needs.

Wow that was fast! Thank you! But How exactly am i supposed to do that? Just write them a letter explaining? Im not really sure how, budgeting? Haha help!

 

[Catou]

How come the singapore proccesing time is 28 months now does it really take that long ?

The published processing time is the time within which 80% of applications are processed and completed. 20% of applications take longer. The key words here are "time within". So, an application may be processed in months, a year, two years, or more but 80% will be done at some time from about 6-28 months. It could take 28 months, it could be much quicker.

There are many factors involved around why one VO takes longer or shorter than another. The time needed for security and background checks seems to be one of the main issues.

 

[CanadianJeepGuy]

Wow that was fast! Thank you! But How exactly am i supposed to do that? Just write them a letter explaining? Im not really sure how, budgeting? Haha help!

Are you working? did you win the lottery or have a lot of savings? CIC wants to make sure that you will not require social assistance. In your sponsorship application you will state your employment situation.

 

[shtb]

Processing times are only estimates, never a sure thing. As they say on top of the page - "The times are based on how long it took to process 80 percent of all cases". Nobody is guaranteeing you that at the precise moment when the 26 or 29 month are up you will be processed and have your visa. It can take a much shorter time, but it can also take a lot longer than that.

Hi.how long it'll take to issue me visa as my processing time is over.how much patience ?this process affecting a lot our entire life.our health is also demaging due to depression frustration,n don't see any way to do smthng for ourselves. To protect our marriage wt should we do?so much depressed don't know wt to do?i'll simply die if ever my husband leave me.except committing suicide having no other choice.

 

[shtb]

Hi.Can anybody tell how long it'll take to issue me visa?Our processing time is over.too much tensed.this frustration n depression demaging our entire life n health .i'll commit suicide if ever my husband leave me.for god sake help me out.

 

[Catou]

Hi.how long it'll take to issue me visa as my processing time is over.how much patience ?this process affecting a lot our entire life.our health is also demaging due to depression frustration,n don't see any way to do smthng for ourselves. To protect our marriage wt should we do?so much depressed don't know wt to do?i'll simply die if ever my husband leave me.except committing suicide having no other choice.

It's really hard to wait and I feel your pain. Please try to stay positive - things will work out.
If the processing time for your visa office has passed and you are still waiting to hear the outcome get in contact with them and ask for an update on the status of your application. CIC doesn't mind if people email them when the published processing time has passed.
Best of luck to you.

 

[Jamesantos]

Hello again. I didnt declare him to be my common law partner cos i dont know we are in that category. When i said we live together, what i mean is i rented in their house for 4 years. Will it still qualify for a common law? We are in a boyfriend relationaship status cos there is no law in the philippines were we can be openly acceptly by the public as a couple thats why we just keep it a secret. Still need clarification about what status should i declare that it will nit jeopardize my pr status as well as will keep him from getting denied if i applied for sponsorship. Thank you. Still feeling confused.

 

[computergeek]

Hello again. I didnt declare him to be my common law partner cos i dont know we are in that category. When i said we live together, what i mean is i rented in their house for 4 years. Will it still qualify for a common law? We are in a boyfriend relationaship status cos there is no law in the philippines were we can be openly acceptly by the public as a couple thats why we just keep it a secret. Still need clarification about what status should i declare that it will nit jeopardize my pr status as well as will keep him from getting denied if i applied for sponsorship. Thank you. Still feeling confused.

CIC does not follow Filipino law or custom - they follow Canadian law. Thus, your lack of understanding of the situation is not a valid concern. What's ironic is that Manila is very aggressive about enforcing this clause against all couples (not just same sex couples). On the flip side, if you had declared your partner, you would not have been eligible to be included as a dependent.

With that said, the key here is that common-law requires you be living in a "marriage like" relationship. So you rented a room from them? Did you share a room with your boyfriend? Did you combine your finances? Did people know that you were a couple? Were you monogamous. These are all factors and the standard for evaluation is very subjective.

They will suspect you were in a common-law relationship when they observe that you lived at the same address. But if you slept in separate rooms, did not combine your lives together, did not act as a couple, were not monogamous, and your relationship was hidden even from those with whom you lived then you can present those things and argue with the CIC officer that these mean you were not in a common-law relationship.

My advice is that if you wish to go down this route that you consult with a good immigration attorney. I can recommend someone in Toronto who specializes in same sex relationship immigration cases. He can assist you here. It may be that you will need to go through an H&C sponsorship process, in which case you will be asking to be relieved from the statutory requirement for examination. I don't know if that's the best way to proceed - it really is going to depend upon the facts of your case.

 

[MrD]

Hello Everyone

Me and my fiance are about to get married pretty soon! i been in canada since 2012 as a student and my visa expires january 5, we know each other for over 1 year and a half and been together for 1 year and 2 days. In our anniversary i proposed to her and she said Yes so we want to get married before i leave the country but we scared that we are gonna be denied due to income so

Are there any income requirements for her to become a sponsor? She makes minimal wage here in Vancouver and been working for like almost 3 months.

Do you have to pay something or have money in order to sponsor like a big amount or money or something? We dont want her to be denied to become a sponsor.

Can it be a very small wedding? like just her family and a couple of my friends in her backyard? we dont have money to do a big one


I am from Mexico and also i got a General business certificate here in vancouver.

Also how long would it take to process the whole thing? according to her family it will take 5 years or more..

i know i need a medical check and i am planning to have it here before i leave.


Thanks.