Spousal sponsorship

[confusedwife]

Hello All,

I am in a horrible situation and need all the help I can get. I applied to sponsor my husband in-land on Nov. 2009. It was received on Dec. 1, 2009. Since then we have received 2 letters a) our application has been received and b) our application was transferred to our local area office.

On Dec. 1, 2010 - my husband called CIC to check status of his application and was told to report to a local office immediately because information was missing and they needed verification. We attended on Dec. 1, 2010 and was told that the agent reviewing our file was not present we should come back the next day - at this time they kept his passport.

On Dec. 2, 2010, we went back to the offic and my husband was arrested for overstaying in canada!!! He was detained for 5 days in a detention center 21/2 hours from where we live. He was later released on a cash bond of $5000 and he has to sign in twice a week. The officer also issued a Removal Order and said my husband must leave in 2 weeks!!!

Now, after readind the Public Policy, I am still confused as to why our application was not assessed under the spousal public policy.

My husband has no criminal record and he has never been arrested. I would like to challenge the Removal Order and also how do I bring it to CIC attention that they have made a mistake on our application?

We have 2 small children ages 5 and 17 months old and I work 2 jobs while my husband is the sole caregiver of the kids. I cannot afford to lose my family not now, not ever.

 

[Leon]

Did you also send in a request to extend his visit visa with your application?

You can get an immigration lawyer or you can go talk to your MP. Maybe both will help.

 

[confusedwife]

No, Leon. When I met him he was already out of status. But according the the policy, you don't have to be in status to be considered under the spouce, common law partner policy.

I have met with an immigration lawyer. We have also been in contact with the Enforcement Officer. After citing parts of the Public Policy, the Officer advised that he will need to speak with other persons in is office to confirm because he was just given the file to execute the outstanding warrant for overstaying.

As per the manual, we should've benefited from an Administrative Deferral.
I have sent emails to my local MP, Minister of Immigration and Joe Volpe who made the annoucement in 2005. I am willing to do whatever it takes to keep my husband here with us.

 

[Mark_Anna]

Hello Love_young & All other friends,
I finished 6 months since I sent my application to Vegreville....since than no email, no phone, no post, no e-cas, no message at all. I am afraid to have FOSS notes because it might put whole process in furthur more delays. I hope soon Christmas gift will come by postal mail & postman will be santa for me this time...............Have a nice time during Christmas season.....white Christmas

 

[prof456]

Hello Love_young & All other friends,
I finished 6 months since I sent my application to Vegreville....since than no email, no phone, no post, no e-cas, no message at all. I am afraid to have FOSS notes because it might put whole process in furthur more delays. I hope soon Christmas gift will come by postal mail & postman will be santa for me this time...............Have a nice time during Christmas season.....white Christmas

The current timeline is 8-9mths. If your case is straightforward, no worries.

FOSS does not delay your application. However, if your application has not been assessed, it's going to be blank (and useless). If after the 8mths timeline you do not hear anything, place a call to the call centre. Good luck!

 

[Mark_Anna]

Hello Asta,
Congratulations for having work permit...
Thanks prof456 for yr information

 

[Michael B]

Spousal sponsorship

Is anyone able to provide some clarification, on what do these officers rely on determining or being convinced a relationship is genuine? I'm a bit nervous of course, but I sent them over 400 pages data.

- phone, chat. email records showing that we regularly spend 3 to 4 hours on the phone through Magic Jack
- All receipts from US and Canada mail of things I mailed to my spouse
- We communicate ( either chat, email, sms, phone, ) EVERYDAY.
- screenshots of us on webcam.
- Passport stamp photocopies as well as my airline receipt.
- Moneygran receipts ( financial support )
- she wrote 2 pages to explain how we got together.

And of course after the file has been submitted, we document EVERY SINGLE contact we have. Still sending her financial support, mail her various items, and we're in touch every single day ( with few exceptions here and there )


Is anyone able to help with what do they base themselves on for a "genuine" and "non genuine" relationship?
Also is it possible that they purposly drag a case that might seem convincing for a few months to then request more "communication" examples to see if it's real?

Any help would be appreciated.

Thank You everyone.

 

[dorisiana]

Hi everyone, I have another question and I appreciate anyone who can help, I have a daughter from previous relationship and now we are in the process of completing our application. My question is should husband (the sponsor) write the name of my child as his child in the sponsor questionnaire because technically my daughter became his step daughter right? or that only includes biological son/daughter? and also, should I write my husbands name in the additional family info even if he is already the one sponsoring me? the application questions are really confusing us and we are dead scared of leaving something or having a mistake since we don't want to give the immigration reasons for doubt or refusal. thank you!

 

[Franpich]

Re: Spousal sponsorship & visa extension

Thanks Leon et al.... this whole thing is driving me crazy.

Can I please clarify my own situation with you?

I am sponsoring my Cambodian wife who is now in Canada and mailed the Sponsors forms and Permanent Residence (in Canada) application Nov 23rd. We included an Extension of Visa application in the same envelope and paid for it all together.
How long will it take to hear from them? I have been told that because I put them all in the same envelope it would be many months before the Extension is dealt with.

We are concerned about not getting the visa extension before her existing visa expires Jan 10th. Can she simply stay in Canada regardless of having a new document? Based on this do you know if the airline will allow her to change the date of her return ticket?

 

[Leon]

Re: Spousal sponsorship & visa extension

How long will it take to hear from them? I have been told that because I put them all in the same envelope it would be many months before the Extension is dealt with.

It already takes 2 - 3 months to process a visit visa extension. Until she hears back from them, she has implied status and should stay in Canada. When you are applying inland, it is a requirement that she is in Canada so she should not leave. If she were to leave and can not get a visit visa to come back, the inland application is gone.

 

[Leon]

My question is should husband (the sponsor) write the name of my child as his child in the sponsor questionnaire because technically my daughter became his step daughter right? or that only includes biological son/daughter? and also, should I write my husbands name in the additional family info even if he is already the one sponsoring me?

He should not put your daughters name in his information because she is not his biological child and not his adopted child.

Your daughters name will be in your PR application and your additional family information. Your husband will be mentioned in your additional family information.

 

[Franpich]

Leon, Thanks for message.

Can you confirm this information for me.... my sponsorship and PR for my wife were sent last month with an extension app in same package. So even though her visitors visa expires in January she is till able to stay in Canada while her PR is being processed (12-18months).... IS THIS CORRECT?

And what is her status with CIC during this processing time and what if she finds herself in front of the police or CBSA for something, what does she say to them?

 

[Franpich]

Thanks Leon,

Sorry to repeat message but took a while to figure out where answer was hiding.... finally realised posts were in reverse order with most recent on page 37.

Thanks again, Franpich

 

[sadatul]

I am being sponsored by my Canadian wife and Singapore has started processing our application from September 23rd.

They send me a letter on december 2nd to submitt my PR fees and to complete IMM008 Schedule-1 Question 11 as we provided time gaps in filling that Background question. In addition with that Missisauga sent a letter to my Wife in Canada asking for my PR fees on December 3rd.

Although we submitted our PR fees on November 24th and when I called CIC call center then they said Missisauga got my Receipt on december 7th and on the same day they sent a Receipt to Singapore.

And now my question is in what stage we are in now?
How long it might take to get my PPR/

Thank you

 

[Krrrsty]

Hi all

I'm back searching for advice!!! SO.. 6 months later and on the advice of a lawyer, I sent two applications for an open work permit to both the Immigration department and the work permit department - along with a "begging letter" explaining that as I had an existing work permit and a company who were intending to renew that permit, so I had not initially submitted an open work permit with our sponsorship application. I also sent details of my client ID, copies of correspondence relating to the LMO and an explanation of why my LMO seemed to have been refused.

Today, I received a refusal letter for the open work permit but I'm not sure whether it came from the work permit folks or the immigration people..... I called the Immigration number and was told that my application was "progressing nicely and everything looks good for first stage approval in March" (????) I'm confused! I have been working under an implied status and was hoping that they would add my work permit application to the spousal sponsorship - I have no way to find out if they did that! - Am I safe to continue working under the assumption that one of my application copies made it through?? I understand that different departments don't seem to communicate

What happens if they take "enforcement action"?? 90 days would take me almost to March... it's so hard to know when the information they give is so vague!!!!

Thanks in advance for any info!
???