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Immigration Forum / Canada / October 2008



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PR through spousal sponsorship

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golffan06@gmail.com - 17 Oct 2008 04:26 GMT
I'm in Canada on a student visa and got married to a Canadian citizen.
It took immigration 6 months to approve my wife as a sponsor, then
immigration has been doing my background checks for 9 months after the
initial 6 months. All this without calling us for an interview first.
Is that the norm? what I read is that the couple go through an
interview after the wife is approved as a sponsor. What is a typical
sequence of steps for a case like mine (application from within Canada
for PR through spouse)?

Is there a typical or upper limit time for the background check for
someone who is living in Canada now and has lived only in his home
country in the past? What about the medical which I did 15 months ago
when I first applied (a CIC agent advised me on the phone to send my
medical exams with the original application!!!).

Would hiring a lawyer/consultant help me figure out the reasons for
the hold up and get the process back on track if it's off for whatever
reason? (it's been 15 months for a spousal sponsorship application
from within Canada)
S P Arif Sahari Wibowo - 17 Oct 2008 16:58 GMT
> Is that the norm?

Please confirm whether you applied under Family Class (outside
processing) (applications sent to CPC Mississauga) or unde
Spouse in-Canada Class (applications sent to CPC Vegreville)?
The norm will be different for each kind of application.

Signature

                             (stephan paul) Arif Sahari Wibowo
   _____  _____  _____  _____
  /____  /____/ /____/ /____
 _____/ /      /    / _____/      http://www.arifsaha.com/

Disclaimer: IANAL, IANALP, IANAMD, IANAMP, IANAAP
my statements - if any - should be treated as such.

golffan06@gmail.com - 18 Oct 2008 03:01 GMT
Hi. I applied under Spouse in-Canada Class - applications sent to CPC
Vegreville. This is where the immigration agent on the phone told me
to apply. I will be grateful if you can give me a sense of the
sequence of steps and a possible time frame and whether or not
something is unusual with my application?
S P Arif Sahari Wibowo - 23 Oct 2008 16:16 GMT
> I applied under Spouse in-Canada Class - applications sent to
> CPC Vegreville. This is where the immigration agent on the
> phone told me to apply.

An PR applicant under spousal sponsorship who happened to be in
Canada can apply both under Family Class (outside processing) -
which generally be faster - or under in-Canada Class - which
guarantee you can keep extending your status. Depend on your
situation, the CIC clerk advise could be a correct one or not a
correct one.

> I will be grateful if you can give me a sense of the sequence
> of steps and a possible time frame and whether or not
> something is unusual with my application?

Generally for Spouse in-Canada application:

 - Application received.
 - After a couple of month from received: application opened by
a clerk and typed into the CIC database system. Administrative
error (lack payment, lack primary forms, lack signatures) can be
found here and the application with such error will be returned.
 - After around 3 months from received: medical opinion is made
in CIC Office in Ottawa.
 - After sometime an immigration officer will actually review
the case. He/she will immediately make a decission whether to
grant first stage of approval (so called Approval in Principal /
AIP) of the PR application, or not grant it and instead transfer
the case to a CIC local office which will do further
investigation. Either way, a letter to be sent to the applicant
about the decission. The best case recent timeline for this to
happen can be seen here:
http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res
This first stage of approval will allow the applicant to apply
for open (unrestricted) work permit or study permit, and
combined with medical approval will definitely allow the
applicant to get provincial health care (some provinces does not
need it and the applicant can get it earlier).
 - Without the first stage of approval, the CIC local office
investigation may include interview with PR applicant and
sponsor.
 - After the first stage of approval, the case may still wait
for background / security approval. No real timeline here, but
expect around 6 months.
 - The case will be tranferred to a local CIC office which will
schedule a landing interview. The interview will mostly
pro-forma - confirming all the fact that should already be
submitted - and PR status will be granted. PR Card application
will be initiated in this landing process.

> It took immigration 6 months to approve my wife as a sponsor,

Are your sure that what was happened? In normal in-Canada
application there is NO specific approval of sponsor, it will be
included in first stage of approval of the PR application (which
will grant you other rights, read above). Assuming you
mistakenly meant first stage of approval, then the timeline is
normal.

> then immigration has been doing my background checks for 9
> months after the initial 6 months.

Assuming you got first stage of approval, then this is rather
long. However, if you did not get first stage of approval and
your case transferred to a CIC local office, then it means they
still check whether you are qualified (not only background
security check), and it is normal to take months (even years).

Either way, you should submit an ATIP request to ask for copy of
your FOSS records, along with copy of CAIPS records and all your
file in CIC.

> All this without calling us for an interview first.

This is normal. Read above.

> what I read is that the couple go through an interview after
> the wife is approved as a sponsor.

You read wrongly. Normally a couple go to landing 'interview' in
the end of the process, to actually get PR.

> Is there a typical or upper limit time for the background
> check for someone who is living in Canada now and has lived
> only in his home country in the past?

For some home country, there is no typical.

> What about the medical which I did 15 months ago when I first
> applied (a CIC agent advised me on the phone to send my
> medical exams with the original application!!!).

You should never get hold of your medical examination reports,
only the form / receipt proving you already do it. You are
required to the medical examination before submitting the
application and include the form / receipt with the application.

Normally medical report will only valid for 1 year, and
therefore you may need to redo it again. However, assuming you
get that first stage of approval and therefore have been covered
by provincial health care ever since, CIC officer may decide to
extend your medical report validity. But it is entirely up to
them.

> Would hiring a lawyer/consultant help me figure out the
> reasons for the hold up and get the process back on track if
> it's off for whatever reason?

Get your copy of your FOSS records and files first, the reason
will be there.

Signature

                             (stephan paul) Arif Sahari Wibowo
   _____  _____  _____  _____
  /____  /____/ /____/ /____
 _____/ /      /    / _____/      http://www.arifsaha.com/

Disclaimer: IANAL, IANALP, IANAMD, IANAMP, IANAAP
my statements - if any - should be treated as such.

 
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