Friday, May 9, 2008

SPOUSAL SPONSORSHIP IN CANADA

MARRIAGE/ SPOUSAL SPONSORSHIP IN CANADA

Too many of these types of applications fail due to lack of common sense. The best spousal type of application has to be based on you and your partner’s personal circumstances. There are three types of Spousal Sponsorship Applications:

  1. Overseas Spousal Sponsorship is the preferred route by CIC and the faster route. This is the preferred route for any spousal application with the average processing times of six months and in some visa posts only one or two months. Only overseas spousal type sponsorships can be appealed to the Immigration Appeal Division.
  2. In Land while in Status Spousal Sponsorships are basically meant for those on employer specific work permits or student permits. This type of application is not meant for a visitor who have been admitted for six months. That type of applications shows that the visitor misrepresented his or her true intentions while seeking entry as a visitor. The visitor could not leave during the processing and would most likely not be approved stage one by the Case Processing Centre and sent to the local office for an interview.
    Some partners while visiting their partners in Canada submit an Overseas Spousal type sponsorship to their own visa post showing that they are residing in that Visa Posts designated area. While in fact only visiting in Canada. As long as they do not stay in excess of six months they do not have to provide proof of no convictions certificates from Canada. That way the couple can have the best of both worlds.
  3. Out of Status In Land Spousal Sponsorships are best for those who have been in Canada for years supporting themselves. Timing is very important in this type of applications and it may be best to apply abroad and go home seeking authorization to return.
    • Timing---A person enters Canada and makes a refugee claim, two years later they receive a negative decision, they file an application for leave to appeal and receive a negative decision another year later, they then submit a Humanitarian and Compassionate application and receive a negative decision after waiting another three years, then two weeks before they are asked to attend an initial Pre Removal Risk Assessment low and behold they have fallen in love and gotten married six years after they arrived in Canada. Love does happen that way but proving same is difficult.

The onus is on the applicant to prove that their relationship is a genuine relationship. CIC always asks for additional details of your current relationship that you believe will help to prove that your relationship is genuine and continuing to be recorded on a separate piece of paper. This is not a numbered question so many applicants and sponsors do not include these details and their and applications are then kicked for an interview which delays the couple from being together. Remember that if you write a story as if your partner walks on water understand that your application will probably be assessed by someone that does not believe their partner is perfect. It is always better to tell all the truth and admit that he/she has one little fault!

REASONS WHILE FILES ARE REJECTED/DELAYED:

  • Forms not signed or dated properly.
  • Forms missing information.
  • Application missing supporting documentation, divorce certificates Status documents, etc.
  • Unusual situation not properly explained such as age difference, cultural difference, ethnic makeup, etc.
  • LACK OF SUITABLE INFORMATION TO PROVE THAT THE RELATIONSHIP IS GENUINE!

HOW WE CAN ASSIST: www.cvimmigration.com

Too many spousal applications fail because the couple says we have a marriage certificate and we are in love and think all should be able to see their love. The problem being is that the couple does not have phone bills showing dates and durations of calls because they have been using phone cards. The couple takes pictures of them in bed or in a bath together thinking that this will show that they are a couple which just works the opposite and the CIC officer kicks the application for an interview or refusal because it appears that they are trying excessively to prove they are a couple when in fact they may be trying to misrepresent certain facts.

Consider your relationship as an undecorated cake. Any authorized representative attempts to ensure that the icing on the cake (spousal application) looks just perfect with just the right amount of Chocolate shavings, sprinkles, little flowers and the right words are on the cake.

We attempt to prevent you from saying something that could hurt your application; we go over all of your photos and act as an experienced third party selecting the best photos to prove a bond between the couple, we check the forms over and over again, we prepare you by putting each of you through a mock marriage interview if needed . We speak directly to your visa post or the CIC officer holding your file on your behalf.

If there is an age difference, religious difference, cultural difference we ensure it is explained sufficiently to reduce any chances of your file being delayed by having the applicant attend an interview.

EXAMPLES OF CONJUGAL RELATIONSHIPS

Definition of a conjugal relationship can be found in the overseas processing manual OP2.

Conjugal relationships are for couples who can not live together in a common law relationship for certain reasons but are otherwise committed to each other by joint bank accounts, owning property together and being each other beneficiaries on life insurance policies.

Examples of Conjugal Relationships, would be an applicant from the Philippines who was previously married and unable to get a divorce, a same sex couple with one not being able to get married due to their countries laws, or a couple who has gone through a engagement type ceremony and war breaks out which makes it unsafe for the sponsor to travel to that country.

21 comments:

Roy said...

When submitting a spousal sponsorship the onus is on the couple to prove that there is a genuine bond between the two of them.

A marriage certificate is not sufficient proof that the marriage is genuine.

jmiranda said...

Hello, I have a few doubts.
So do I fall in any of the spousal sponsorship?

I lived in Canada when I was I kid for 8 years, from age 7 to 15 my father was the one who applied for refugee status, but we got deported my whole family and one of my brother is canadian citizen he was born here in that time.
I remember that an immigration officer that was really sad cause he saw pictures of us of when we arrived and practictlly grew up here said we could come back when ever, we just need it to step out of canada and come back, well that didnt happen cause of money and plus at the embassy they just didnt help me out!!
After 14 years I am back in Canada as a foreign worker the only way I could get in to canada. Now when I applied back in Santiago,Chile they interviw me and asked what dates was I in Canada Why did we leave and stuff I told them everything. They said I didnt have any problems because I was a minor when we were deported and plus the one who applied was my father so I got my visa and everything cause I had a job offer and an LMO.
When I arrived in Toronto as I gave them my passport and the officer entered my info. right of way asked me when was I in canada why was I deported and asked for a a re-entry letter I didn´t because back in the embassy in Santiago said I didnt need it.
I had with me 450usd and had to pay 400cd which left me with 50uds until my first paycheck (15days after)
On their computer system I had 2 folios, the old one and the new one very confusing!!!
questions:
Can they still do that, charge me even though I was I minor and wasn´t the one who applied and plus it was a mistake from the visa officer back in Santiago?
And now that I know they have my old folio and have joined them can I open the case again? will that help me get permanent resident?
I have a work permit that allows me to work the employee tha hired me can I open the work permit? its really frustrating cause I have my wife and kids back home and I would really like to bring them here!!!
I would really appreciate your response and sorry for the long story I just wanted to give all the details.

genti said...

Hello
I am an immigrant and been here in canada for a little more than 4 years. Work full time, absolutely no problem with the law or anything like that. I applied for refugee claim which got denied and then soon after i applied for H&R and that is still in process and just a week ago i was requested to apply for PRRA and basically there is only 2-4% chance that i might get a positive response. In the mean time though i've been dating my girlfriend for about 3 years now. Our relationship is absolutely genuine and we have phone bills or calls with one another for all this period of time and pictures from time to time, friends who can vouch for that and anything else that they would need for them to determine that this relationship is genuine. Now being that my PRRA will be starting and knowing that i only have a slim chance to successed, can i get married to avoid possible deportation?

flytheworld said...

quick question , a mexican is rejected for a temporary visa due to insuficient and non genuine documents , can he still apply for spousal sponsorship ? thanks C,

Harman said...

Hello there!
i have a question.. well i came to Canada in 2008 on a student permit from India.. i was granted visa for 4 months coz my studies was only for four months.after dat i tried to extend ma visa but wasn't able to get it.... now i am planning to apply for workpermit again.. i have an canadian diploma in tool and die maker, i have work experience of 1 yr.. am i eligible o apply for. wil really appriciate if u give lil time to my quiery.. thanx

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mike said...

When one of the immigration agent from dubai put me in serious trouble by advicing me in a wrong way for spousal sponsorship, Mr Roy gave me strength by telling "there is always a way!"

And he was right finally because of him i was able to see my wife in canada.

Thanks Mr. Roy!!!

I still love the sentence "There is always a way!"

Mike

fari said...

Hii Sir,
how are you doing sir i've read everything you said i just wanted to know if you are a lawyer or if i can contact you somehow or if you can contact me somehow @ 647-219-3494 it will greatful my question is i came to Canada in 2000 with my family and now i have been rejected once from PRRA but i did apply again but after reading what you have said i have been in a relationship from last 7 years since i was in grade 9 and when i was 15 years old and now i'm married to but never applied for sponsership i really need to talk to you please help me out
Thank You

soy said...

I am a Canadian citizen and i have a fiancee from the Philippines, then he visited Florida for 6 months then we decided to get married in Florida but he does not have any documents aside from a US VISA only..my question is how can i sponsor him to Canada wherein we got married in Florida, is the documents as same as the documents when you get married in the Philippines?please advice..thank you..

soy said...

I am a Canadian citizen and i have a fiancee from the Philippines, then he visited Florida for 6 months then we decided to get married in Florida but he does not have any documents aside from a US VISA only..my question is how can i sponsor him to Canada wherein we got married in Florida, is the documents as same as the documents when you get married in the Philippines?please advice..thank you..

humberto said...

I am a permanent residence since 2008, I arrived as skill professional.I am from cuba, I wanna sponsor my wife,. and her daughter. There is any minimum income that I should present for this,. because the daughter will be a dependent child.

Nabin Subba said...
This comment has been removed by the author.
Nabin Subba said...

Mr. Roy Kellog,

Dear sir,

With most respectfully and humbly I would like to state that my Name is Nabin Kumar Nalbo and I am resident of Nepal. I am writing you this email with great hope. Currently we me and my wife applied for permanent residence in Canada under Federal Skilled Worker program where my wife is principal applicant and I am her dependent but unfortunately we divorced before visa interview that was held in January 13 2011 and we were divorced in 10 January 2011 and visa was issued in 21 January 2011 but we did not disclosed our change of marital status in front of visa officer. Due to lack of immigration rules I alone tried to land in Canada with the aim of arranging accommodation and other things in Canada but I was refuse to enter in Canada in the month of April 19 2011. Now my wife has entered in Canada alone in the month of June 20 and she has gone contact less with me. She strongly refuses to stay contact with me with any means. When I asked through her friends she says me that she had already disclosed legal divorce paper to the Immigration officer in Vancouver. In this case, is it possible for her to enter in Canada in spite of presenting divorce paper? Now she is out of my contact so do you think is it possible for me to land or join her in Canada?

I would be very much thankful to you if you handle my case.
I remain here
Nabin Kumar Nalbo
Contact +9779815398993
Kathmandu, Nepal
E-mail: nabinsubba@gmail.com

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John Prifti said...
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John Prifti said...
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John Prifti said...
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Stefan Vaili said...
This comment has been removed by the author.
Stefan Vasili said...

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