Spouse visa - application for sponsor seperately

[David2736]

Hello everybody

I am hoping to marry my SO from Alberta, CA, when she comes to the UK in a couple months and then apply for PR asap. I would then come to Canada as a tourist for the last few months while the application is due to be returned.

I understand this may throw a red flag with how quick it is after the marriage but we honestly see no other way of us being together and starting a family. That is not what this thread is about so please skip over your concerns in that department if you could be so kind?

In order to speed things up a month or 2, could we apply for her to be my sponsor prior to the marriage itself in June? If I am reading the IMM5491 Document checklist - Sponsor, part 25 correctly, it means we need to send the proof of genuine relationship with the Sponsor Application, and therefore would be applying for the immigration status at the same time...is this correct?

 

[costaudjoe]

Have you lived together for longer than 12 months?

 

[David2736]

Have you lived together for longer than 12 months?

No. I am unsure on how that matters?

If we had the option of living together for a year then we would have already applied as common-law, surely..?

 

[Sweden]

to answer your question : you need to send a complete application, you can not send the first part ( sponsor) then wait.
You put together the whole application ( sponsor forms + sponsored form + proofs of genuine relationship), send everything to Mississauga, then wait! if you only send part of your application, it will be returned, as CIC won't accept it. At the first stage, they don't assess the relationship or the sponsored person, but they do check that the application is complete (police certificates, medicals, all the forms, etc).

If you've lived together for at least 12 months, and have the proofs for it, then you can apply as common-law already. If you haven't, then you wait until you get married, and send it off afterwards. You can prepare the application beforehand of course, so once you get married and have your marriage certificate, you can send everything.
Typically one of the longest documents to get is the Police Certificate, for the sponsored person, so you can start by that.

Living in Canada before you get the PR is not a problem, plenty of applicants going through the London office are in that case, so don't worry too much about it!

Applying just after the marriage would be a red flag if you just met, but if you've been into a relationship for quite a while, and have the proofs, it won't really matter. Also - because you're from the UK ( I assume, or one of the visa-exempt countries), you're not suspected to try and gain a better status by immigrating to Canada, so it probably won't matter.
Good luck,
Sweden

 

[David2736]

to answer your question : you need to send a complete application, you can not send the first part ( sponsor) then wait.
You put together the whole application ( sponsor forms + sponsored form + proofs of genuine relationship), send everything to Mississauga, then wait! if you only send part of your application, it will be returned, as CIC won't accept it. At the first stage, they don't assess the relationship or the sponsored person, but they do check that the application is complete (police certificates, medicals, all the forms, etc).

Great! That's what we needed.

If you've lived together for at least 12 months, and have the proofs for it, then you can apply as common-law already. If you haven't, then you wait until you get married, and send it off afterwards. You can prepare the application beforehand of course, so once you get married and have your marriage certificate, you can send everything.

Common-law isn't an option unfortunately. We've lived together maybe 1 month? We met on holiday, entered kicking and screaming into an LDR, etc, etc. Most people here have the same story

Typically one of the longest documents to get is the Police Certificate, for the sponsored person, so you can start by that.

That is great, we hadn't thought of finding out the likely lead times on all these things! What if there is maybe a month to go on the application process time and the medical/police report have just expired?

Living in Canada before you get the PR is not a problem, plenty of applicants going through the London office are in that case, so don't worry too much about it!

Funnily enough, this was another concern of ours - that we would be going against the grain by applying outside of Canada and then having to request any mailed correspondance to be forwarded to us in Canada. Will there be a way we can request that any of this goes straight to my SO's address in Alberta?

Applying just after the marriage would be a red flag if you just met, but if you've been into a relationship for quite a while, and have the proofs, it won't really matter. Also - because you're from the UK ( I assume, or one of the visa-exempt countries), you're not suspected to try and gain a better status by immigrating to Canada, so it probably won't matter.

7 months = quite some time .... ?

Anyways, Sweden, thank you so much for your timely, helpful and concise reponse.

 

[Sweden]

Great! That's what we needed.
Common-law isn't an option unfortunately. We've lived together maybe 1 month? We met on holiday, entered kicking and screaming into an LDR, etc, etc. Most people here have the same story
That is great, we hadn't thought of finding out the likely lead times on all these things! What if there is maybe a month to go on the application process time and the medical/police report have just expired?
Funnily enough, this was another concern of ours - that we would be going against the grain by applying outside of Canada and then having to request any mailed correspondance to be forwarded to us in Canada. Will there be a way we can request that any of this goes straight to my SO's address in Alberta?
7 months = quite some time .... ?

Anyways, Sweden, thank you so much for your timely, helpful and concise reponse.

For Police reports, they need to reach CIC 3 months after they have been issued ( no matter what it says on the Police report in terms of validity), so the timing is key. Let's say you're getting married in June: prepare everything, ask for Police report(s) - depending on where you lived, as you need to get a police report for each country where you lived for 6 months for the last 10 years, or since you were 18... - , then as soon as you're married, send the application. as long as the application reaches CIC less than 3 months after the police record was issued, it's all good. It doesn't matter that it might expire later on - most of the time, CIC won't ask for a new one.

Leave the medicals for the last minute - and you can do it in the UK or in Canada, as long as it's done at a physician on CIC list. The medicals are valid for 1 year, and it determines your "landing date". In your case, as I understand that you will be waiting out your PR in Canada, it's not an issue most likely, but you would want to do it as close to the sending date as possible.

You can put your mailing address in Canada - any correspondence will be mailed there. It's completely legal ( and encouraged by CIC!) to apply outland while in Canada, if it means a shorter processing (and with London, it's the case most of the time).

Just make sure ( if you're waiting in Canada) that you maintain your status. Once you arrive in Canada, most likely you will have a 6 months tourist visa. 1 month before it expires, apply for an extension online. Add the proof that you are applying for PR (first stage approval for example), and you will be granted an extension (very few people are denied).

As you will be in Alberta, you're actually "lucky" - as a spouse of a resident of Alberta, she can add you to her healthcare, and you will be covered. Not all provinces have that (most provinces have a 3 months waiting period after the PR is issued), but Alberta does, so you won't have to worry about healthcare.

Not sure if you're aware of it: in case it applies to you, look into "work holiday visa" - if you fit into the criteria, it's a good visa to have ( as it allows you to work) while you're waiting for your PR to come through. It it doesn't apply - well, you can hang out on the forum together with quite a few others, waiting for your PR to come through!

There is a spreadsheet for London applicants in my signature, it will give you an idea of waiting times. First stage is rather quick these days (1 month), and London is processing applications in minimum 3 months (after stage 1), and max... well that's difficult to know! but visa-exempt applicants, with a straightforward case ( no kids involved, first marriage for both, no previous sponsorship) seem to be done around 4 to 5 months.

Good luck,
Sweden

 

[David2736]

For Police reports, they need to reach CIC 3 months after they have been issued ( no matter what it says on the Police report in terms of validity), so the timing is key. Let's say you're getting married in June: prepare everything, ask for Police report(s) ... then as soon as you're married, send the application. as long as the application reaches CIC less than 3 months after the police record was issued, it's all good. It doesn't matter that it might expire later on - most of the time, CIC won't ask for a new one.

I actually hadn't thought of checking lead times for these other things such as police certificate.

Leave the medicals for the last minute - and you can do it in the UK or in Canada, as long as it's done at a physician on CIC list. The medicals are valid for 1 year, and it determines your "landing date". In your case, as I understand that you will be waiting out your PR in Canada, it's not an issue most likely, but you would want to do it as close to the sending date as possible.

Again, I did not realise I should be checking these kinds of details.

You can put your mailing address in Canada - any correspondence will be mailed there. It's completely legal ( and encouraged by CIC!) to apply outland while in Canada, if it means a shorter processing (and with London, it's the case most of the time).

This is fantastic info, I had not realised we could do that and CIC encourage it. This will make some logistical boundaries disappear, that's for sure.

Just make sure ( if you're waiting in Canada) that you maintain your status. Once you arrive in Canada, most likely you will have a 6 months tourist visa. 1 month before it expires, apply for an extension online. Add the proof that you are applying for PR (first stage approval for example), and you will be granted an extension (very few people are denied).

I had actually anticipated needing to do this, thankfully I actually did work one thing out! One question: what constitutes 'proof that you are applying for PR' - will there be a confirmation email from CIC website of reciept of the PR application that I can just send on with the tourist extension application?

As you will be in Alberta, you're actually "lucky" - as a spouse of a resident of Alberta, she can add you to her healthcare, and you will be covered. Not all provinces have that (most provinces have a 3 months waiting period after the PR is issued), but Alberta does, so you won't have to worry about healthcare.

My spouse-to-be actually already has extra medical through her work as a AHS government worker for her family but we did not know I could sign up with her for state medical while we wait for the PR status to go through (subsequently adding me to her work one once I am a PR as that is a requirment, I understand).

Not sure if you're aware of it: in case it applies to you, look into "work holiday visa" - if you fit into the criteria, it's a good visa to have ( as it allows you to work) while you're waiting for your PR to come through.

Already thought of that. There are no spaces for the UK working holiday places left for 2013 and we cannot wait until they open for 2014! Is there some secret or alternative we haven't found that you happen to know about?

It it doesn't apply - well, you can hang out on the forum together with quite a few others, waiting for your PR to come through!

And help out just as you graciously have done for me? OF COURSE!

There is a spreadsheet for London applicants in my signature, it will give you an idea of waiting times. First stage is rather quick these days (1 month), and London is processing applications in minimum 3 months (after stage 1), and max... well that's difficult to know! but visa-exempt applicants, with a straightforward case ( no kids involved, first marriage for both, no previous sponsorship) seem to be done around 4 to 5 months.

We anticipated 10 months as per the government website but this is brilliant news. However, our situation is not as simple. She is divorced, 1 child with the ex-husband, 50-50 custody and a clean break with divorce certificate, so that should not be too bad I assume...?

All in all, Sweden, another concisde and super helpful reply. We are very grateful. Thank you!!

 

[zardoz]

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/ gives the requirements for visiting the UK to get married. She will need to apply for a visa, as I understand the current rules.

 

[Sweden]

I had actually anticipated needing to do this, thankfully I actually did work one thing out! One question: what constitutes 'proof that you are applying for PR' - will there be a confirmation email from CIC website of reciept of the PR application that I can just send on with the tourist extension application?

yes - once you send your application, after a few weeks (currently 2 or 3 ) you might get an AOR - acknowledgement of receipt - telling you that CIC has your application. Not everybody gets one though. If not, you probably will get the first stage approval - after a month, with the current timing - so you can also use that. Otherwise, you can also use a copy of the receipt proving that you've paid for the application fees ($1040 total, so it shows that you're serious enough about it!). Plenty of options available.

My spouse-to-be actually already has extra medical through her work as a AHS government worker for her family but we did not know I could sign up with her for state medical while we wait for the PR status to go through (subsequently adding me to her work one once I am a PR as that is a requirment, I understand).

most work place won't add spouses if they are not first enrolled into the provincial healthcare system. So it's best to register with Alberta healthcare first, and then your spouse will add you for her work benefits.

Already thought of that. There are no spaces for the UK working holiday places left for 2013 and we cannot wait until they open for 2014! Is there some secret or alternative we haven't found that you happen to know about?

No - if you've looked into that, then that's it - in some countries the spots run out in a week, and it seems to be the case for the UK.

We anticipated 10 months as per the government website but this is brilliant news. However, our situation is not as simple. She is divorced, 1 child with the ex-husband, 50-50 custody and a clean break with divorce certificate, so that should not be too bad I assume...?

it's complicated if there are children involved in the sponsored person case: if you had a child, you would have to get a paper from the mother that she is OK with you taking the child to Canada etc. it makes the procedure longer. If your partner, who is the sponsor, has a child prior to meeting you, it should have a bit impact, as she is the Canadian in the couple. As long as you can prove that you are in a committed relationship, and that her child knows about you etc (it's an extra proof of a serious relationship, and something you might want to look into if your marriage and relationship is fairly recent), then it should be OK.

All in all, Sweden, another concisde and super helpful reply. We are very grateful. Thank you!!

You're welcome! good luck with your application!
Sweden

 

[David2736]

We can prove that we are genuine. I have photos of our first meet, and there are photos of him wearing the watch I bought him for Christmas that I gave to him in that first meeting in February. There is plenty of exerpts of chat logs talking about him and any future children, lots of photos of her and him and just him. There is also video and photos of the pair of us playing video games at Chuck E Cheeze

Thank you once again!