after getting married can we apply right away? |
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ForeverAndADay
New Member Joined: 04 Dec 2009 Status: Offline Points: 37 |
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Posted: 09 Dec 2009 at 12:02pm |
Hey Folks,
My partner and I are planning on getting married this month. We have lived together for more than 2 years in China.
We have talked to some Chinese "consultants" and some say that we have to wait 6 months before we apply, others say we can apply right away but it's good to wait a while.
I have looked at the guides and instructions several times and seen nothing like this. Am I missing something?
Would we really need to wait for a period of 6 months after we get married before we qualify to apply? And if not, is it better to wait awhile? (even though we have lived together for well over 2 years).
Any clearification would be very much appreciated.
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rbenoit
Senior Member Joined: 30 Nov 2009 Location: Ottawa Status: Offline Points: 282 |
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You can apply right away the problem is that some of the documents that you need might not be available right away.
I dont know about getting married in China but most places it can take up to 2 months before you can get your marriage certificate. In the mean time you can accumulate all the other paper work you need.
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chipsfan7mary4
Average Member Joined: 02 Dec 2009 Status: Offline Points: 182 |
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I married my Chinese wife in Jan 2008. I went to China to marry her. We got together all the required documents and completed the application before I left for Canada. We got the marriage 'red book a la Mao days' certificate in 15 minutes after showing up at the marriage office. A week after I got back to Canada I sent away our application. CIC Mississauga got the application on Feb 16, 2008 I was approved as a sponsor March 7, 2008. My wife got her visa November 2008. My wife has been here for a year. If you still need a scan of the police certificate let me know.
Edited by chipsfan7mary4 - 09 Dec 2009 at 12:30pm |
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ralph dzegniuk
New Member Joined: 05 Dec 2009 Location: Toronto Status: Offline Points: 60 |
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You should definitely start collecting the necessary documentation right away to file the application as soon as possible. In fact, I have seen cases where a DELAY in filing the sponsorship application (i.e. following marriage) was used by IO's as an excuse to question the bona fides of the relationship.
If you have any further questions or concerns, feel free to contact me directly at the below address,
regards,
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.)
Migration Law Chambers 82 Richmond Street East, Suite 305 Toronto, ON. M5C 1P1 Phone: (416) 548 9072 Fax: (416) 548 9092 www.migrate-2-canada.com ralph@migrate-2-canada.com [email protected] |
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tgchi13
Junior Member Joined: 29 Nov 2009 Location: Ontario, Canada Status: Offline Points: 97 |
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@ ralph dzegniuk
What reasoning did IO's give in those cases? |
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tgchi ~
'so close, no matter how far, couldn't be much more from the heart, forever trusting who WE are and nothing else matters' Going State-side! |
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ralph dzegniuk
New Member Joined: 05 Dec 2009 Location: Toronto Status: Offline Points: 60 |
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@tgchi,
they stated that had it been a genuine marriage, the sponsor would have wanted to become reunited in Canada with their spouse ASAP rather than delaying the application process for, in one case nearly a year, and in another case, almost 2 years.
One of these cases is still in the process of appeal at IAD. I have a feeling we'll be successful!
Ralph Dzegniuk, Barrister & Solicitor (B.A., L.L.B.)
Migration Law Chambers 82 Richmond Street East, Suite 305 Toronto, ON. M5C 1P1 Phone: (416) 548 9072 Fax: (416) 548 9092 www.migrate-2-canada.com ralph@migrate-2-canada.com [email protected] |
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Diving00
New Member Joined: 06 Dec 2009 Status: Offline Points: 13 |
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As long as you have all the documents, go ahead apply!
Good luck! |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Ditto all the responses that say the issue is documentation.
I would caution about "consultants." Apparently they are getting better, but they have been notoriously bad in the past. Consultants may offer real services for other types of immigration to Canada, but for spousal sponsorships, the process is so straight forward that consultants are not necessary and in many cases seem to over-charge and under-perform. Just to note: if you lived together in a conjugal relationship for two years, you qualify now, based on common-law. Married couple couples qualify the day they are married (again, the issue then is really one of compiling the necessary documentation). When to submit the application is mostly about when you can gather all the necessary documentation and completely fill out the forms and submit a thoroughly, carefully completed package. I doubt, I really really doubt, that waiting three months or six or eight months to submit would in any way hurt an application unless there was no reason for the delay and the couple was separated during that time and had minimal contact during that time. So much depends on the particulars of your individual case it is really unwise to generalize much. But, bottom-line, it should be mentioned, is that living together for two years really puts most of the "genuineness" issues to rest . . . in that case, you focus on the technical requirements, meet those, and document that time together, and it should be an easy, done deal. Some patience in order, as usual, of course, but a pretty straight forwad deal. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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tgchi13
Junior Member Joined: 29 Nov 2009 Location: Ontario, Canada Status: Offline Points: 97 |
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@ralph dzegniuk
Thank you Sir - we want to file the next day for exactly that reason. While CIC may become suspect, I think if you get someone on a bad day, they would be suspect either way. Good luck with both the cases you referred to! |
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tgchi ~
'so close, no matter how far, couldn't be much more from the heart, forever trusting who WE are and nothing else matters' Going State-side! |
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