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Advice needed re spousal application

Advice needed re spousal application

Old Oct 25th 2007, 10:00 am
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Default Advice needed re spousal application

We have just got our COPR, eldest daughter age 24 will be landing in December, and then returning to Uk to finish her Masters. She is getting married in April and would like to sponsor husband, am I right in thinking she can only sponsor husband from within Canada? Also husband will not be allowed to work until PR is granted, unless he can get a job offer with work permit in his own right?

They have been courting (old fashioned word but couldn't think of how else to put it) for 4 years, will they need to supply immigration with proof of relationship etc, what kind of proof do they need i.e. potos, holiday invoices etc, would letters of affadavits from parents/friends be necessary.

Anyone know how long this process may take?
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Old Oct 25th 2007, 10:45 am
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Default Re: Advice needed re spousal application

Your daughter should not marry until after she has landed of course. To sponsor her husband she will have to be physically present in Canada. Only Canadian citizens may sponsor from overseas. Her husband would be able to work only after approval in principle is received for his sponsored PR and that would mean perhaps 6 or 8 months unemployment in Canada.
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Old Oct 25th 2007, 10:51 am
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Default Re: Advice needed re spousal application

Originally Posted by sand grownun
They have been courting (old fashioned word but couldn't think of how else to put it) for 4 years
The current word, at least in Canada, is dating.

will they need to supply immigration with proof of relationship etc,
Yes.

what kind of proof do they need i.e. potos, holiday invoices etc, would letters of affadavits from parents/friends be necessary.
Citizenship and Immigration Canada (CIC) will want to see proof of shared domestic and financial arrangements.

Documents that help to establish that include:
  • joint bank accounts or credit cards
  • joint home ownership
  • a joint residential lease
  • joint rental payments
  • joint utility bills (electricity, heat, water, telephone)
  • sharing of household expenses
  • joint purchases of household items
  • correspondence addressed to either partner or both partners at a single address
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Old Oct 25th 2007, 1:20 pm
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Default Re: Advice needed re spousal application

Thanks for the replies. A joint bank account they have plus photographs, holiday bookings etc taken over the past 4 year, but they do not own or rent property neither will they be able to here if husband to be cannot work. They do not have utility bills, they will have to live with us until both are working and can support themselves. So that just leaves photographs, a few invoices etc would that be enough?
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Old Oct 25th 2007, 2:20 pm
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Default Re: Advice needed re spousal application

Originally Posted by sand grownun
Thanks for the replies. A joint bank account they have plus photographs, holiday bookings etc taken over the past 4 year, but they do not own or rent property neither will they be able to here if husband to be cannot work. They do not have utility bills, they will have to live with us until both are working and can support themselves. So that just leaves photographs, a few invoices etc would that be enough?
What worries me more than proof of your daughter's relationship with her fiance is proof that she meets CIC's definition of a dependent child for the purposes of a PR application.

Please see the definition of a dependent child that Andrew Miller provided in post #2 of the thread entitled Dependent Rejected-Interruption in Studies.

Please also see the thread entitled how to get daughters fiancee into manitoba.

I am no immigration expert, but I think your daughter qualifies as a dependent. However, I also think that you and she need to tread carefully, in case she jeopardizes her status as your dependent. If the situation is handled wrongly, she also could jeopardize the PR status that your whole family hopes to obtain.

Now, provided your daughter doesn't mess up the way in which she "lands" and activates her PR status, I think there is a reasonable chance that CIC will accept what little evidence your daughter and her fiance have to substantiate their relationship. After all, they will be married by the time your daughter attempts to sponsor her husband.

CIC is suspicious of MOCs (marriages of convenience). But, with that said, my observation from this forum and from "real life" is that CIC tends to accept fairly readily marriages that have taken place in First World countries, between citizens / residents of First World countries. I have seen them scrutinize Third World marriages much more closely. For example, a colleague of my husband married a guy who was nearly half her age and who came from a Third World country. CIC checked them out over and over and over and over and over again. Eventually they let the husband into Canada, but for a while there it looked like touch and go.

As I said, I am not an immigration expert. I hope one of the forum's experts will weigh in on the discussion.
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Old Oct 26th 2007, 2:13 am
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Default Re: Advice needed re spousal application

Originally Posted by Judy in Calgary
As I said, I am not an immigration expert. I hope one of the forum's experts will weigh in on the discussion.
By the way, as a former visa officer for the Canadian government, Jim Humphries is an expert, and he has weighed in on this thread.

I am just hoping that an expert will address this particular point, that is, how sand grownun's daughter can ensure that she won't jeopardize her status as a dependent for PR purposes and then later submit evidence that proves her relationship with her fiance, who will be her husband by the time she sponsors his PR application.

I don't know if anyone else understands what my concern is. As I said before, I am not an immigration expert. But, based on Andrew Miller's responses when there have been somewhat similar situations in the past, I think there is reason for grownun's family to tread carefully.
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Old Oct 26th 2007, 2:33 am
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Default Re: Advice needed re spousal application

Originally Posted by sand grownun
Thanks for the replies. A joint bank account they have plus photographs, holiday bookings etc taken over the past 4 year, but they do not own or rent property neither will they be able to here if husband to be cannot work. They do not have utility bills, they will have to live with us until both are working and can support themselves. So that just leaves photographs, a few invoices etc would that be enough?
yes it should be. My husband and i had NO joint anythings..when we submitted my application. ( i came through the spouse process for PR aswell) It will not matter if they are living with you and have your support...when it comes to the family class (spouse) PR process..there is no income limit requirement etc for the sponsor to have. And as Jim has already said..it would mean her husband wouln't be able to work till he receives first stage of approval which at the moment is around 6-7mths. which in fact is much quicker than i went through the process.

i landed last january. we did the whole process ourselves with the help of the kind people here at expats. there is a wealth of info here to help your daughter with the process....


It seems to me that you are on the ball about your daughters initial PR process with you and the rest of your family( i noticed your responses in another thread ) ....good luck to you and your family on your new venture and life in Canada...
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Old Oct 27th 2007, 1:07 am
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Default Re: Advice needed re spousal application

Originally Posted by sand grownun
We have just got our COPR, eldest daughter age 24 will be landing in December, and then returning to Uk to finish her Masters. She is getting married in April and would like to sponsor husband, am I right in thinking she can only sponsor husband from within Canada? Also husband will not be allowed to work until PR is granted, unless he can get a job offer with work permit in his own right?
She has to be in Canada to sponsor, but it's usually better for an offshore immigration application to be done for the husband. As opposed to him turning up as a tourist with a plan to stay longer.

If he is a British citizen he can visit Canada in the meantime.
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Old Oct 29th 2007, 12:11 pm
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Default Re: Advice needed re spousal application

Thanks everyone for your replies, I understand your concerns Judy I also wondered how it would look, but they have been dating for 4 years, and I assume CIC doesn't expect people not to date. When we came to Calgary we left money in our bank account in UK , put daughter on my bank account and also gave her power of attorney, I have been financially supporting her whilst she has been at University as you cannot get a student loan for a masters degree, all living expenses and university fees have been paid for from my uk account or subsequently from our Canadian account, she is not living with boyfriend, he still lives with his parents whilst they save money to get married. They have had holidays together including one recently to Calgary, I paid for her ticket he paid for his own.
She officially lands in December and they had already planned to get married in 2008. I am hoping there won't be any problems if anyone can think of anything else which may cause concern I would appreciate your help I know there is a great wealth of knowledge out there, thank you everyone.
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