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Where do i go for advice?

Vaughn

Star Member
Feb 15, 2010
53
0
Hello everyone.

I am in a situation where i don't know who to turn to for advice.

I am about to get married as a Canadian citizen to a Indonesian woman who has PR status in Singapore. The marriage will take place in Singapore and then when i come back to Canada i would like to sponsor her as inbound.

Her company has allowed her to work from Canada (she works online as a computer programmer) so she could work as soon as she moves here.

However i don't have a clue how to go about this. I could try to get her to Canada as a visitor and then sponsor her as inbound but visitors cannot work.

Or i could ask her to apply for a work permit and then if accepted live in Canada then sponsor her as my spouse but that may complicate matters since she would already be here on a work permit.

Of course there are taxes to think about, not a clue where she would pay them Canada or Singapore.

Is there legal advice in Canada that i can turn to? I have called Canada immigration and if you are fortunate to get through to someone they just seem to answer direct basic questions and cannot advise on a personal situation.
 

Dr.Hasib

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Jul 1, 2010
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You can sponsor your wife for permanent resident(family class sponsorship).
Follow the link, you will get enough info:
http://www.cic.gc.ca/english/information/applications/fc.asp

also read Leon's post:

Leon said:
So you are in the situation that you want to sponsor your foreign spouse for permanent residency of Canada and don't know where to start. Here are some tips:

Married, common law or conjugal partners

First you need to pick an application class. There are three of them: married, common-law and conjugal. For all of them, you need to prove the genuineity of your relationship. For common-law, you need to prove that you have lived together for 12 months or longer. For conjugal, you need to prove that you have combined your affairs as much as possible but there are real immigration barriers or other barriers preventing you from living together or getting married. Conjugal is the hardest to prove. For example, if your partner could get a visit visa to come to Canada for 6 months and then apply for an extension to get the full year, even though they will not be allowed to work, that is not considered an immigration barrier. An immigration barrier is if your partner tries to get a visit visa to come to Canada and is repeatedly refused. Some people have had luck with the conjugal class but try to avoid it if possible.

Outland or inland?

Now you need to decide if to apply outland or inland. If your spouse is not in Canada and can not get a visa to go to Canada, you must apply outland. That means that you will send your application to Mississauga and they will approve you as a sponsor. The time that takes is usually 1-2 months to but current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#sponsorship After that, the application is forwarded to your local visa office. If your spouse is residing in a country other than the country of their nationality, you can pick which of the two visa offices you want. Otherwise it will be processed in their country of nationality. You can see the processing times here: http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp

If your spouse is staying in Canada as a visitor or on some other visa, you can pick whether you want to apply outland or inland. Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it's being processed. Inland has the downside that it's generally not advised that your spouse travels while you are waiting for your processing because it is a requirement of inland that they reside in Canada and if they are denied entry at the border for some reason, your application is gone. If an interview is required for inland, you may also have to wait a long time for it. The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months. The current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res Then the file is forwarded to your local CIC office where you live and they will contact you for a landing appointment. Getting the PR with inland usually takes 12-18 months. If an interview is required for inland, Vegreville will not give first stage approval but instead will forward the application to the local CIC office without it and you will have to wait for them to have time for your interview. In some cases that can take a year or two. If you do get the first stage approval, your spouse will usually be eligible for health care and an open work permit. It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it's tied together.

Which method to pick depends on your situation. If your spouses country of nationality has a long processing time or your spouse does not want to have to travel there for a possible interview, then inland is the way to go. For faster processing and freedom of travel during the processing time, outland would be better. You can find the application forms for inland at http://www.cic.gc.ca/english/information/applications/spouse.asp and the application forms for outland at http://www.cic.gc.ca/english/information/applications/fc.asp

Avoiding potential problems with your application

The most common reason for people to be called for an interview is that the visa officer has doubts about the relationship being genuine. It is up to you to send immigration some quality data, emails, chat logs, phone records, photos, letters and other material to prove to them that your relationship is the real thing. Other reasons you might have problems with is eligibility of the sponsor. The sponsor can not be on social assistance, can not be bankrupt and can not have a record of violent crimes or crimes against family members. If that is the case, better talk to a lawyer and get that cleared up before attempting to apply.

Dependent children

If your spouse has dependent children, they must be included in the PR application, even if they are not coming to Canada. They will need to have medicals as well to keep the option open to sponsor them later. The only way that immigration will accept the application without those medicals is if the children are no longer minors and refuse to have it or if the children are in the full custody of their other parent who refuses to make them available for medicals. In that case, your spouse needs to sign a statement stating that they know that they will never be able to sponsor these children to Canada in the future.

Dependent children are classified as single and either under 22 years of age or if they are older, they must have been full time students since before age 22 or dependent on their parent due to a disability or medical problem.

Refusals due to income and medicals

You will be asked to provide information about your income but you will not be denied to sponsor your spouse and dependent children because you do not make enough money. It is possible though that if you make absolutely no money at all that immigration may ask you how you plan to support yourselves.

Spouses and dependent children are also exempt from the clause about excessive demand on health care so you do not have to worry about them being refused for that reason.

Sponsoring your spouse while living in another country

If you are a Canadian citizen, you can sponsor your spouse without being in Canada but you do then have to prove that you are planning on moving to Canada when your spouse gets approved for permanent residency. Such proof can include having arranged jobs, being accepted to college, having arranged housing or letters from friends & relatives stating that they know of your plans and that you can stay with them while you look for housing etc.

If you are a PR, you must reside in Canada in order to sponsor your spouse. You can chance short vacations (remember that a Canadian vacation is generally no longer than 2 weeks) but if immigration finds out that you are not in Canada, you risk getting your application refused.
 

Leon

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Jun 13, 2008
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Working remotely through the internet is a grey area. Technically, as soon as she logs in to Singapore, she is working in Singapore so in that case, she isn't really working in Canada. It's a bit of a don't ask, don't tell situation. I am not even sure if it at all possible to get a work permit in Canada to work online for a foreign employer. The employer would deduct her taxes in Singapore as if she were there. Since she would be a visitor in Canada she would not have to file taxes in Canada. Once she gets status in Canada, she would claim it as foreign income.

The problem with getting a visit visa is the question if it will at all be granted. In some embassies it is very hard, they believe everybody is planning on overstaying. She can certainly apply.

If she does get to Canada, you will have a choice of applying inland or outland. Since processing times in Singapore are relatively long, see http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp it might be better to apply inland but in that case be aware that she should not leave Canada at all during the processing time because if she does, she may find herself unable to return and since it is a requirement of inland to be in Canada, she would lose her application if she is not in Canada any more.
 

Vaughn

Star Member
Feb 15, 2010
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0
Thank you very much for your replies.

One thing i did not mention is that her company has an office in Canada as well and it may be possible to pay her out of the Canadian office. With that in mind would you recommend apply for a work visa and then when living and working here to also apply her for PR through family class sponsorship?

I am a bit fearful of just applying for her as a PR status and not working as i don't want her to lose her job. She needs to keep working.
 

Leon

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Jun 13, 2008
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Vaughn said:
Thank you very much for your replies.

One thing i did not mention is that her company has an office in Canada as well and it may be possible to pay her out of the Canadian office. With that in mind would you recommend apply for a work visa and then when living and working here to also apply her for PR through family class sponsorship?

I am a bit fearful of just applying for her as a PR status and not working as i don't want her to lose her job. She needs to keep working.
If the company can get her a work permit as a intra company transfer, it would probably be easier than going the normal route. Has she discussed this with the employer? If she can get a work permit, she can of course join you in Canada, work, pay taxes and you can sponsor her at the same time.
 

Vaughn

Star Member
Feb 15, 2010
53
0
Thank you for your advice Leon. I was worried that somehow a work permit and applying for PR at similar times may complicate matters but if not we will proceed in this manner. Yes she has spoken to the company and they are fine with her working out of Canada. I don't think any details have been discussed like which office she will report to and paid out of but i can only assume she will be paid from the Canadian office.

So we will start the application for the work permit.

Since i will sponsor her as inbound (assuming her work permit is approved and she is here) would you recommend that she never leave Canada (to visit relatives) until her PR is approved? I have read in your sticky advice that if someone does leave the country during a inbound family sponsorship they may not be allowed back, but if she has a valid work permit that should be a reason to be allowed in i would think?
 

Leon

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Jun 13, 2008
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If she has a valid work permit and a valid multiple entry visa, the odds of being barred from entering Canada would be very low but still, if it happens, you would lose the application plus waiting time you have put in. It is better to travel as little as possible during that time.