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Big changes just being announced on Spousals and Family class

Big changes just being announced on Spousals and Family class

Old Dec 8th 2016, 11:55 am
  #16  
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Default Re: Big changes just being announced on Spousals and Family class

For the avoidance of any doubt:

Notice – Work permit pilot extended for spouses and common-law partners applying for permanent residence from within Canada

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Old Dec 8th 2016, 9:15 pm
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Default Re: Big changes just being announced on Spousals and Family class

The whole process could be made easier and less stressful IF the hierarchy listened to their workers.

For the sake of spousal sponsorship only I would like to know the number of refusals IRCC process of the person being sponsored from countries like the UK.
Seriously how many do they refuse?

Lets look at it logically there are 2 parts to this process

1. Is the sponsor eligible to sponsor their partner i.e. by marriage, common law or conjugal (very rare for UK citizens being sponsored). If they don't meet the eligibility to sponsor then thats it case closed so to speak.

2. The person being sponsored. Are they eligible to be sponsored? This is where most problems arise. Is it a marriage of convenience? Again very rare for UK citizens. Also very few refused under health grounds after their medical.
So why would they refuse?

Serious criminality is one of the big ones. Others include being a security threat (section 34 IRPA), Human or International Rights violations (section 35), being a member of a organization involved in criminality (section 37), Health Grounds (section 38), Financial Reasons usually the sponsor (section 39), the other big one Misrepresentation (marriages of convenience, omitting criminal convictions etc) (section 40) and again far for UK citizens Inadmissible Family Members (section 42).

So in the ideal world it should go like this.

John/Jane is a Canadian citizen or PR of Canada older than 18. They meet John/Jane by whatever means such as vacation, the internet or on a working holiday etc etc. They get married or have lived together for over 12 months and want to settle in Canada.

1. Are they eligible to sponsor and be sponsored if Yes then they can apply.

2. They should gather all documentation and be able to submit a simple to understand sponsorship package to either a Case Processing Centre or Visa Office. I suggest that IRCC allow 12 months on a Police Certificate validity once submitted not that its a big deal in the scheme of things as one could be issued a week ago and the person went out the week after and committed a serious criminal offence so therefore become inadmissible. Once these documents have been submitted IRCC can now begin their background checks which should not take as long as they have all the information on both John/Jane.

3. IRCC come to the conclusion that John/Jane are eligible as a sponsor and John/Jane can be sponsored. Now issue Medical Instructions as Medicals are easier to have done than getting Police Certificates from some countries.

4. Medical results are received by IRCC and now COPR forms can be issued with a 12 month validity to LAND not move full time and thats it.

Anyone see any flaws in this?

Processing time could be cut down IF IRCC put the onus on the sponsor and person being sponsored to have everything done i.e. documentation and police certificates submitted on application. If John/Jane did not submit everything required then the fault lies at their door not IRCC's. If not eligible to sponsor or be sponsored then why bother applying only for it to be refused?

There should be no reason in this day and age for someone to say I didn't know what we had to do before turning up at my doorstep (POE) and now facing potential problems as they thought they could just enter Canada because they are married or common law.

No system will be perfect.
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Old Dec 11th 2016, 11:50 am
  #18  
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Default Re: Big changes just being announced on Spousals and Family class

does any body know what was causing the delay in process for inland application previously,which is now by a ministerial announcement the processing time reduced to 12 month??
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Old Dec 11th 2016, 12:06 pm
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Default Re: Big changes just being announced on Spousals and Family class

There wasn't a delay: inland applications were not prioritized as the spouse is already in Canada so "reunification" as such is not needed. Priority was given to overseas applications.

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Old Dec 15th 2016, 3:30 pm
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Default Re: Big changes just being announced on Spousals and Family class

This is to report that my spouse and I are working on the new forms at the moment. Although we did not complete the old forms (just read through them to get an idea of what would be required), the new forms are much shorter.

I am slightly confused by one aspect of the application. As the Principal Applicant (for Permanent Residence) I am required to complete IMM 5406 Additional Family Information. IMM5533 says this at question 7:

"The following person(s) must fill out their own copy of this form: You (the principal applicant), any of your family members 18 years of age or older."

None of my family members are part of this application. But does that mean that each of my parents and my sister (who will appear on my IMM 5406 but who are not being sponsored for permanent residence) need to complete an IMM 5406 as well? I think the answer to that must be "no", because the IMM5289 Guide says this:

"This form [IMM 5406] must be filled out and signed by:
•The principal applicant,
•All dependent children aged 18 or over (whether coming with you to Canada or not).
•Note: if your dependent child is the principal applicant on a sponsorship application, you should complete this form on their behalf regardless of their age."

As we have no dependent children, it seems to me that only I must complete the IMM5406 form.
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Old Dec 17th 2016, 12:01 am
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Default Re: Big changes just being announced on Spousals and Family class

My wife and I are about 98% completed with the old application. I see I can still submit it until January 31. Would it be better for us to start from scratch or use the existing applications we've already completed? Would we still be subject to the old Timeline of 18months or are the expediting the old applications to 12 months as well now?
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Old Dec 17th 2016, 1:42 am
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Default Re: Big changes just being announced on Spousals and Family class

Originally Posted by Tototoro
My wife and I are about 98% completed with the old application. I see I can still submit it until January 31. Would it be better for us to start from scratch or use the existing applications we've already completed? Would we still be subject to the old Timeline of 18months or are the expediting the old applications to 12 months as well now?
From the news release
Applicants who already filed an application will not have to wait an additional 12 months to have them finalized. IRCC will continue to process applications in the order they have been received. Most families who have been waiting should have a decision on their sponsorship application no later than the end of December 2017.
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Old Dec 17th 2016, 11:17 pm
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Default Re: Big changes just being announced on Spousals and Family class

Originally Posted by Tototoro
My wife and I are about 98% completed with the old application. I see I can still submit it until January 31. Would it be better for us to start from scratch or use the existing applications we've already completed?
Your call.

Have you had the up front medical required by the old system yet? If so then go the old route. If not, then go the new route and go for the medical when requested.

Just my tuppence worth!
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Old Dec 18th 2016, 3:39 am
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Default Re: Big changes just being announced on Spousals and Family class

If you are 98% completed, I'd go with what you've done. The information required is the same it's just the organization which is slightly different. You're just going to give yourself more work with the potential for mistakes. There's a reason why you can submit the old kit till 31st Jan: it's for people like you.

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Old Dec 18th 2016, 4:47 am
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Default Re: Big changes just being announced on Spousals and Family class

We've already had the medical so we will submit our old one here next week. Thanks for the info everybody!
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Old Dec 18th 2016, 6:26 pm
  #26  
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Default Re: Big changes just being announced on Spousals and Family class

Hi

Originally Posted by MelVan
This is to report that my spouse and I are working on the new forms at the moment. Although we did not complete the old forms (just read through them to get an idea of what would be required), the new forms are much shorter.

I am slightly confused by one aspect of the application. As the Principal Applicant (for Permanent Residence) I am required to complete IMM 5406 Additional Family Information. IMM5533 says this at question 7:

"The following person(s) must fill out their own copy of this form: You (the principal applicant), any of your family members 18 years of age or older."

None of my family members are part of this application. But does that mean that each of my parents and my sister (who will appear on my IMM 5406 but who are not being sponsored for permanent residence) need to complete an IMM 5406 as well? I think the answer to that must be "no", because the IMM5289 Guide says this:

"This form [IMM 5406] must be filled out and signed by:
•The principal applicant,
•All dependent children aged 18 or over (whether coming with you to Canada or not).
•Note: if your dependent child is the principal applicant on a sponsorship application, you should complete this form on their behalf regardless of their age."

As we have no dependent children, it seems to me that only I must complete the IMM5406 form.
1, If you are the only person on the application, then only you completes the 5406, if there were children over 18 on the application, then they would have to complete one as well.
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Old Dec 20th 2016, 9:17 am
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Default Re: Big changes just being announced on Spousals and Family class

Many thanks, PMM.
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