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| Subject: New Law - Where Spouse can Live with u while PR ap |
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Based on the new rules, after my boyfriend and I get married, he could move to Canada from the US and live with me. (On the immigration website they don´t go into any detail of what this actually looks like.) I´m sure that he can´t bring all his belongings and simply move to Canada just because we´re married now. Just to be clear, is it really that simple?
1) I´m sure that we have to declare that we´re married and that my intension is to sponsor him for PR. Will he able to bring all his items?
2) So let´s say his PR application gets denied, will they force him back to the US? Or will he still be able to reside in Canada until we appeal or try again?
3) While this is all going on, could he potentially apply for a work permit while living in Canada?
4) I´ve heard about tempoary resident permit - how does this apply to this scenario? Do we have to get one?
[04-03-2007,20:10]
[**.93.110.145]
Lisa |
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(in reply to: New Law - Where Spouse can Live with u while PR ap)
You get married, he comes over and you apply for PR as per the CIC site. After 6 months which is the max. he can stay without a visa, you apply for an extension of his stay - forms are also on the website. Basically keep applying for an extension until he gets PR, between 12-18 months later. Bear in mind that he can´t work until he gets approval in principle, though (about 8 months after applying). Fastest thing to do is have him move over and apply OUTSIDE of Canada (6-10 months, I think), but then he has to go back to the US to get his PR and clear Canadian customs. He can also apply outside without moving over, but then you wouldn´t be together. I would advise him not to bring all his items at once unless he can´t avoid it as you´re right, customs and immigration might not like it.
His PR won´t get denied if it is a legit. marriage. There are no grounds for it and it is very rare for this to happen. You won´t need a TRP if he is from the US.
[04-03-2007,20:19]
[**.203.42.95]
Anonymous |
(in reply to: New Law - Where Spouse can Live with u while PR ap)
Btw, the rules aren´t new, it´s been possible to do this for years already...
[04-03-2007,20:20]
[**.203.42.95]
Anonymous |
(in reply to: New Law - Where Spouse can Live with u while PR ap)
The rules ARE NEW if you consider Feb 18th 2005 NEW. The Rules where changed when the new act came out June 28th 2002 and remain the same see IP5 guidlines section 5.18 I think. Seperation of spouses is a given for Immigration pruposes.
tHEN DEPARTMENTAL POLICY CHANGED BACK AND FOR ALL THE ACTUAL rules READ OPERATIONAL MEMO 018
Roy
www.cvimmigration.com
[04-03-2007,22:25]
[**.52.219.202]
Roy |
(in reply to: New Law - Where Spouse can Live with u while PR ap)
I don´t consider Feb 18th 2005 new. That´s more than 2 years ago!
[04-03-2007,23:47]
[**.203.42.95]
Anonymous |
(in reply to: New Law - Where Spouse can Live with u while PR ap)
Anonymous
Why so agressive Anonymous? If processing stage one takes 8 months and the deparmental policy changed on February 18th 2005 and the OPERATIONAL MEMO 018 explaning the nNEW procedure never came out until September 05 whether you call it new or not it is according to Lisa and the majority.
InLand out of status Spousal Sponsorship was allowed for YEARS then stopped. Then do to Federal court challenges and the Dragan decision, fundamental justice etc. Deparmental Policy was ammended. Many applicants never submitted until after the OPERATIONAL MEMO came out detailing the procedures and whom could be considered under this departmental policy change in September of 2005.
Why would anyone enter a race and not know in advance the route one must take.
Read the current policy manuals regarding marriage. http://www.cic.gc.ca/manuals-guides/english/ip/ip05e.pdf section 5.18
Marriage or the existence of a common-law relationship is not automatically considered sufficient grounds for a positive humanitarian and compassionate decision. When a couple decides to marry or enter into a common-law relationship despite the fact that a spouse or partner?s immigration status is not legal or is undecided, it is reasonable to anticipate that there will be a separation for immigration processing. There is no legal entitlement for a spouse or common-law partner without temporary resident status to remain in Canada.
Roy
www.cvimmigration.com
[05-03-2007,08:06]
[**.52.218.138]
Roy |
(in reply to: New Law - Where Spouse can Live with u while PR ap)
Roy is right - the Feb 2005 regulations state that a person can apply, and even be approved for PR on a spousal application, even while out of status BUT CIC is very clear about the responsibility of every visitor in Canada to maintain their legal visitor status or risk removal from Canada. (See the Inland application guide, part 2 for applicants, under "Your Status in Canada".) So, Lisa, no your new husband cannot "live" with you in Canada until after he receives a PR visa. It is possible, however, for him to visit you in Canada for up to one year if you accompany him to the border after your marriage with legal proof of your marriage and stating your intention to sponsor him for PR. There is no guarantee that an IO will grant him entry, or extended status - and if they do he still cannot work or study in Canada, but you could be together. It´s important to understand that getting legal visitor status in Canada will give him either a passport stamp or a Visitor Record that allows him to apply to extend that status from within Canada - as long as he doesn´t leave Canada. If he leaves he will be required to undergo an admissability assessment again on his return to Canada and the IO always has the option to refuse entry. Also, don´t try to bring in possessions - it complicates things, and it could backfire if the IO takes it as an indication that he intends to remain in Canada even without legal status. He wouldn´t want to bring in stuff anyway, as he will pay duties on anything he tries to bring in before he´s granted a PR visa).
I also never recommend that a US citizen apply on an inland application - there is usually no need for that. If your husband is issued legal visitor status in Canada he can visit here while applying on an outside application through Buffalo. The processing timeline is much faster, and he doesn´t end up forfeiting the application if he ends up having to return to the States for an emergency or family reunion alike, and is refused re-entry to Canada. And yes, if his PR is not approved (and no, not all spousal applicants are approved. He could be found inadmissable for something as simple as a past drug possession arrest) he will be required to leave Canada.
[05-03-2007,21:54]
[**.142.9.210]
oromum |
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