Spousal sponsorship

[Kaibigan]

I mentioned that I want to process PR with my bf who is canadian citizen. We are thinking of getting married and process it that way since I cannot work here anymore. And I was asking how long would that take

So, you are contemplating marriage and applying for PR as a spouse in order to get out of a difficult employment situation?

...As I mentioned, my boss is doing everything illegal and treats me like a livestock, so I want to get out of here asap....

Where is this occurring and just what is the nature of the illegality? Maybe that should be addressed.

 

[mvk88]

I’m currently waiting for Alberta government to nominate me. I’ve submitted all the documents on end of May. As I mentioned, my boss is doing everything illegal and treats me like a livestock, so I want to get out of here asap. It usually takes 10 months after submitting documents but I don’t want to work here as I’m being treated like a slave

DID YOU KNOW
Some people think marriage to a Canadian citizen will be their ticket to Canada. You should think carefully before marrying someone and sponsoring them to come to Canada, especially if:

you’ve just met
they want to get married quickly
they’ve been married or in a common-law relationship many times before
they haven’t shared very much information about their background or family

It’s a crime for a foreign national to marry a Canadian citizen or permanent resident only to gain entry to Canada.

Marriages of convenience
In some cases, sponsors and foreign applicants set up a “marriage of convenience.” This is a marriage or common-law relationship whose sole purpose is to let the sponsored spouse or partner immigrate to Canada.

Our officers are trained to recognize real immigration applications. They know how to detect false marriages. They have many ways to spot marriage fraud, including:

document checks
visits to people’s homes and
interviews with both sponsors and applicants
Canadian citizens or permanent residents who are in a marriage of convenience for immigration reasons may be charged with a crime.

 

[bhushan1989]

A question related to Sponsorship eligibility check on Spousal sponsorship application.

I have done soft landing and returned back to India for marriage. Later sponsored my spouse.

Is it absolutely necessary for the Sponsor to be inside Canada while the application is in process?
I am outside Canada currently because of some reasons. Will it fail the sponsorship eligibility?

Please advise.

 

[comarxx]

A question related to Sponsorship eligibility check on Spousal sponsorship application.

I have done soft landing and returned back to India for marriage. Later sponsored my spouse.

Is it absolutely necessary for the Sponsor to be inside Canada while the application is in process?
I am outside Canada currently because of some reasons. Will it fail the sponsorship eligibility?

Please advise.

Most likely you will be questioned a lot or worse your application can be refused if IRCC finds out that you are not in Canada while the application is in progress.

Just wait until you get back to Canada and submit the application. Once you get aor and SA you can visit your spouse for short periods of time.

 

[armoured]

Is it absolutely necessary for the Sponsor to be inside Canada while the application is in process?
I am outside Canada currently because of some reasons. Will it fail the sponsorship eligibility?

If you are a PR and were outside Canada when you applied, it will probably fail or IRCC will ask you at some point to show you are/were in Canada (refuse if it decides you are not/ were not eligible).

Short form (below does not apply to citizen-sponsors):
-PRs must be in Canada to sponsor - specifically at time of applying. IRCC appears to take this as an absolute requirement, although probably does not catch all.

-After that: IRCC's website and instructions say PR-sponsors must reside in Canada, 'short trips abroad ok.' How strictly they enforce this is unclear. Trips of <1 month seem ok (as short trips), beyond that - your risk, your problem.

There's always someone here arguing it's ok because they did it and did not get caught - which is a lot like the argument that speeding is okay because you didn't get caught (and most don't, either) - but some do and it's no defense.

 

[bhushan1989]

If you are a PR and were outside Canada when you applied, it will probably fail or IRCC will ask you at some point to show you are/were in Canada (refuse if it decides you are not/ were not eligible).

Short form (below does not apply to citizen-sponsors):
-PRs must be in Canada to sponsor - specifically at time of applying. IRCC appears to take this as an absolute requirement, although probably does not catch all.

-After that: IRCC's website and instructions say PR-sponsors must reside in Canada, 'short trips abroad ok.' How strictly they enforce this is unclear. Trips of <1 month seem ok (as short trips), beyond that - your risk, your problem.

There's always someone here arguing it's ok because they did it and did not get caught - which is a lot like the argument that speeding is okay because you didn't get caught (and most don't, either) - but some do and it's no defense.

Thank you very much!
The answer clears my doubt and I am currently at risk.
But with the situation at hand, I might need to take that risk and stay outside Canada for a few more days and resubmit the application if they refuse.

 

[armoured]

Thank you very much!
The answer clears my doubt and I am currently at risk.
But with the situation at hand, I might need to take that risk and stay outside Canada for a few more days and resubmit the application if they refuse.

It's up to you how to proceed. The problem is that how long they take to look at and make decisions about refusal, or whether to just significantly delay and look into it later, is completely uncertain.

If you are returning shortly, personally, I would withdraw the first application and then re-apply when you are back. But I don't know your timeline so far or any other details, so that would just be a guess.

I don't know how long to withdraw or how to do it, it can be found on the web.

 

[bhushan1989]

It's up to you how to proceed. The problem is that how long they take to look at and make decisions about refusal, or whether to just significantly delay and look into it later, is completely uncertain.

If you are returning shortly, personally, I would withdraw the first application and then re-apply when you are back. But I don't know your timeline so far or any other details, so that would just be a guess.

I don't know how long to withdraw or how to do it, it can be found on the web.

Actually, I was away from Canada for good 6+ months for marriage and post that spousal application.

Submitted the spousal sponsorship application on 3rd May 2023. Expecting AOR by 20th June as per current trends.
However not able to travel back to Canada because of my ties with my current employer in India.

As per the current situation, either I will have to travel to Canada at least for a month and stay until Sponsor eligibility passes. Or stay back in India to complete the notice period with the employer and finally move to Canada permanently.

I would have submitted the application once I reach Canada, but they have a new question on IMM-5532, if you are in Canada currently, and if not by when you are planning to be back? That got me thinking that sponsorship application submission is possible for PR even if outside Canada while submitting.

Overall it's a tough choice to make.

 

[@dasha0609]

Hi guys, we got ADR request (proof of communication/visits) on May 25th. We submitted everything May 31st.
Any idea how long it takes to hear back?

Office - LVO
Submission date - April 29th, 2022

 

[scylla]

Actually, I was away from Canada for good 6+ months for marriage and post that spousal application.

Submitted the spousal sponsorship application on 3rd May 2023. Expecting AOR by 20th June as per current trends.
However not able to travel back to Canada because of my ties with my current employer in India.

As per the current situation, either I will have to travel to Canada at least for a month and stay until Sponsor eligibility passes. Or stay back in India to complete the notice period with the employer and finally move to Canada permanently.

I would have submitted the application once I reach Canada, but they have a new question on IMM-5532, if you are in Canada currently, and if not by when you are planning to be back? That got me thinking that sponsorship application submission is possible for PR even if outside Canada while submitting.

Overall it's a tough choice to make.

It's possible and allowed if you are a Canadian citizen. Not if you are a PR. It's up to you if you take the risk. It sounds like you plan to spend minimal time in Canada so I would say you are probably at relatively high risk of refusal. Good luck and let us know how it goes.

 

[scylla]

Hi guys, we got ADR request (proof of communication/visits) on May 25th. We submitted everything May 31st.
Any idea how long it takes to hear back?

Office - LVO
Submission date - April 29th, 2022

It can take anywhere from a few days to several months for IRCC to review the ADR submission after you have sent it in. It's going to be very hard to guess what timelines you expect.

 

[armoured]

Actually, I was away from Canada for good 6+ months for marriage and post that spousal application.

Submitted the spousal sponsorship application on 3rd May 2023. Expecting AOR by 20th June as per current trends.
However not able to travel back to Canada because of my ties with my current employer in India.

As per the current situation, either I will have to travel to Canada at least for a month and stay until Sponsor eligibility passes. Or stay back in India to complete the notice period with the employer and finally move to Canada permanently.

I would have submitted the application once I reach Canada, but they have a new question on IMM-5532, if you are in Canada currently, and if not by when you are planning to be back? That got me thinking that sponsorship application submission is possible for PR even if outside Canada while submitting.

As noted it is possible for citizens, and presumably that is what that question is about. (It also catches those out who are abroad to either tell the truth and risk it will be refused, or who choose to misrepresent and bear consequences.)

You can certainly let your existing app 'ride' and see what happens.

I'd note, however, you should consider that withdrawing an app probably takes a couple months (don't know); if refused, you lose the amount paid; and new policy announced should reduce the likelihood you are separated from your spouse for long periods (or at least the full processing period) and allow spouse to move and work. That said, it's a new policy and we haven't seen how it works yet in practice.

Overall I'd say it likely makes most sense to submit the app when you are in Canada 'permanently.' But it's not my app and not for me to decide.