more questions re: spousal sponsorship

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Subject: more questions re: spousal sponsorship
  Hello, I would like to sponsor my british partner to come live in Canada with me (a Canadian citizen). As it seems, it would be best if we got married (in canada) and I sponsored him as my spouse. He does not need a visa to enter canada, but I´ve been told that we should not let on that we intend to get married when he arrives, just marry him when he gets here and then apply for spousal sponsorship. Also, since he is british and does not need a visa to visit Canada, he will not have a permit to work. Do we have to wait until we get approval for sponsorship before he can work? or can he apply for a work permit while we wait? Has anyone come from the UK this way? or have any advice?
Thanks

[28-08-2005,22:04]
[***.103.50.162]
ChristafromCanada
(in reply to: more questions re: spousal sponsorship)
No, definitely don´t mention to the customs officers that he´s there to get married, that could result in him being held and questioned for hours.

If you´re doing an inland application (from within Canada), he can remain there with you during the processing time. After a couple months, if all goes well, he will receive an "Approval in Principal", then he will be free to work. It will take a couple months after that to complete the application and get his PR card, but once you get the AIP you´re homefree.

You should be aware though, with inland applications, there are NO appeal rights under this class. If he´s denied, for whatever reason, you can´t appeal. He also can´t leave the country during the processing of the application.

Good luck!

[29-08-2005,00:34]
[**.193.72.81]
FWChelle
questions re:spousal sponsorship (in reply to: more questions re: spousal sponsorship)
Thank you, thats very helpful! I am assuming as well that inland applications are the best route? we don´t want to live apart anymore and would rather begin our lives together in Canada rather than in the UK.

Is there any other websites, or other resources to check out for our situation besides the CIC website? I find it does not give the answers to all my questions.

Thanks!

[29-08-2005,04:36]
[***.103.50.162]
ChristafromCanada
(in reply to: more questions re: spousal sponsorship)
can he get a working holiday visa for canada...perhaps that may be an option.
i also find this website i.e. message board useful http://www.tcscanadainc.com/wwwboard/index.html
good luck!

[29-08-2005,08:00]
[***.26.30.196]
barb
(in reply to: more questions re: spousal sponsorship)
Christa,

Whether or not it´s the ´best´ route depends on your situation. It wasn´t a good option for us (my husband is American), because he is keeping his job in California... he can work remotely from here, but would still need to travel back and forth frequently.. and that could pose some problems at the airport getting back in.

Our first application under Conjugal Class (prior to being married) was refused, so I don´t have that much trust in CIC to do right by us this time ´round. I´m not prepared to give up my right to appeal, should they decide to refuse him this time, for whatever reason.

It is a bit of a gamble. If you´re married and all records are clean, there ´should´ be no problem getting approved. But, I"m pretty much convinced it depends entirely on which side of the bed the immigration officer assessing your case happens to wake up on. It was just a little too risky for our comfort level.

Getting married first is definitely the best way to go though!

Good luck!

[29-08-2005,11:47]
[**.235.111.195]
FWChelle
(in reply to: more questions re: spousal sponsorship)


The safest way , is to get married regardless the place and apply from abroad (U.K).

If he applies from the U.K might be faster and safer , in case of denial he may appeal the CIC?s officer decision.

But in the case of in-land application , if it is denied he may face a removal from Canada.

There is no right of appeal under inland class.


[29-08-2005,15:59]
[**.182.22.24]
Andy
more questions re:spousal sponsorship (in reply to: more questions re: spousal sponsorship)
If we do an inland application for sponsorship and he gets denied and sent out of the country, does this affect a future application? is there a limit of how many times you can apply in a year or something or could we apply right away again? Just trying to sort out the pros and cons with all the risks of inland vs. overseas application. Obviously looking for the quickest route but do not want to live apart.
[29-08-2005,21:52]
[***.103.50.162]
ChristafromCanada
(in reply to: more questions re: spousal sponsorship)
Christa,

As I mentioned, we´re on our 2nd application. From what my agency tells me, you can apply as many times as you want. The next immigration officer will look at your previous application and the reasons why you were refused (they have to give you the reasons for a refusal). Whether or not that influences the next officer, who knows. Theoretically, each application should be treated as a new one and should be given full and fair consideration.

Speaking from experience, what you DO want to consider is the time, energy (emotional and otherwise) and money involved in a re-application. They send nothing back, and medicals and security clearances expire. We lost over $500 in processing fees that we will not get back. The $975 Right of Residency fee we will eventually get back, but not before we have to fork it out again for this new application. He will need new medicals, new security clearance - not sure what´s involved with the UK, but for the US that´s fingerprints and FBI clearance, which takes 3 months to get. Plus state clearance for every state he´s lived in since he was 18... which is 3. That all takes time and money. Then you have to go back and dig up your records again.. more photos, telephone records, flight records... not to mention filling all the applications out again. We´re in the midst of doing this right now and it´s a HUGE pain in the arse (to put it mildly, lol)

Being apart is horrible though, trust me, I know. The inland application class is still a fairly new thing. I´m sure there´s many getting (and got) through the process just fine. I´m probably a bad example, though.. I started out optimistic with a great deal of faith in my country, and they let me down, bigtime. I´m a LITTLE bit gun-shy and not real trusting of them to always do the right thing. I would hate to tell anyone "Go for it!" and see them end up in the same situation as myself 6 months from now.

Ask around on some other forums, and maybe talk to folks who are going through the inland process, see how it´s worked out for them.

[29-08-2005,23:54]
[**.193.72.81]
FWChelle
(in reply to: more questions re: spousal sponsorship)
And I just want to clarify one thing that Andy said:

"If he applies from the U.K might be faster and safer , in case of denial he may appeal the CIC?s officer decision."

As a foreign national, HE has no appeal rights in Canada, regardless of which route you take. Only YOU have the right of appeal, as a Canadian Citizen. (unless you do an inland, in which case you forfeit that right)

[29-08-2005,23:58]
[**.193.72.81]
FWChelle
For FWChelle (in reply to: more questions re: spousal sponsorship)
you see very informative, and me and my wife are already "in this situation" the topic of this is about. I got here from the uk april 10th and married my girlfiend on april 21st. but random question on something you said...... you said once you have the Approval in Principal you (I) am free to work. but how so, because will you ot need a employment number card ( social security number) to give to an employer? do you o if they issue this as well at this time?

Richard

[21-08-2007,19:55]
[**.70.95.206]
Richard
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