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Can i sponsor my wife while I have an appeal case? |
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zormas 
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Joined: 30 Mar 2010 Status: Offline Points: 30 |
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 Topic: Can i sponsor my wife while I have an appeal case?Posted: 08 Nov 2012 at 8:08pm |
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Hi Guys,
Looking for someone who was or knows someone in the same/similar situation like mine. So,I have an appeal case pending with IAD (Immigration Appeal Division) since I did not meet the Residency obligation .....and Im ok with that.I have full confidence Ill be alright. The PROBLEM is that I was told that my hearing date could be in 2 years before any decision is made!!!!! (IAD ,my lawyer and another lawyer told me that).Now my wife is in India and I am obviously not going to wait for 2 or 3 years before I could bring my wife to Canada...specially cuz we just got married..:( So my question to you is ....Can i sponsor my wife in this situation?? I tried for her Visit Visa which was rejected by the Canadian Emabassy in Delhi..not because of my situation but because of other reasons (like wifes employement situation, family ties ,length of stay). 1)Can i sponsor my wife in this situation 2) if the answer is NO ,then is there a way I can ask IAD to expedite my hearing date?? Please share your experience .It would really suck to go back if my wife cannot come here since I have a great job here and im pretty well settled now.:( Sam |
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canvis2006
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Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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Posted: 08 Nov 2012 at 9:06pm |
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1. I doubt it, if sponsor's own PR status is 'uncertain' I doubt sponsor is eligible to sponsor another foreign national to Canada.
2. I don't think its possible to expedite the hearing date. You will have to wait for it. You can try if you wish to do so. CIC does not care if you got married or not. Right now you're better off trying to save your own PR status. Worry about wife sponsorship AFTER this matter is closed/decided for good. I hope you have already retained a good immigration lawyer for your case/hearing. Let us know how it goes. |
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zormas
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Joined: 30 Mar 2010 Status: Offline Points: 30 |
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Posted: 08 Nov 2012 at 10:14pm |
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hmmmmm....thanks for the prompt reply...
but I am a legal PR and i will be a legal PR untill a final decision has beed made. So if im a legal PR...y cant i sponsor my wife? so CIC expects me to wait for 3 years before i can see my wife? .....hmmmm..... |
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computergeek
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Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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Posted: 08 Nov 2012 at 10:16pm |
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If you are under a removal order, you are barred from sponsoring your spouse. See IP 2 "Family Class" Section 5.28, which describes the bars for sponsorship, including "they are permanent residents subject to a removal order" and clarifies "This includes stayed orders, departure orders, exclusion orders and deportation orders."
If you are not under a removal order, then you would not appear to be barred, based upon my reading of IP 2, but ultimately only CIC can make that determination. |
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FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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Maxim
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Posted: 08 Nov 2012 at 11:36pm |
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CIC does not care about a lot of things.
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zormas
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Posted: 08 Nov 2012 at 11:58pm |
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thank you for that info.appreciate it.
So is there any way of bringing my wife in here? on a student visa? can i request IAD to expedite the matter?instead of waiting for 2 years.. I mean..we cant really live separately for 2 years....thats not even an option....so from what i see..the only way we can be together is ...by me leaving Canada? no other option? have u guys come across anyone who was in a similar situation? |
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scylla
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Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 838 |
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Posted: 09 Nov 2012 at 6:38am |
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IAD isn't going to expedite your case.
Your wife can certainly try the student visa route. Keep in mind that studying as a foreign student isn't cheap and to be approved, she will have to demonstrate that she has strong ties to her home country and no plans to remain in Canada long term. Your wife could also try to find an employer in Canada who can provide an approved LMO and then apply for a work permit. She can also apply to immigrate independently (e.g. as a skilled worker) if she qualifies. |
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Outland Spousal (Buffalo):
App recd: 05/28/2010 Sponsor approved: 06/28/2010 Processing started: 08/19/2010 Passport request: 10/01/2010 Landed: 10/05/2010 |
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MajidS
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Posted: 10 Nov 2012 at 5:05pm |
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The eligibility of your wife is unfortunately, I have to say, now tied to you. Because of your weak status (under review regarding permanent residency) her eligibility is uncertain.
The entire idea of sponsoring a foreign spouse into Canada is based on the premise that the individual inside Canada is a decently eligible sponsor (which translates, among many things, to the sponsor not being in jail, not being on unemployment taking government handouts every day, having lived in Canada for awhile with a decent history, and not being himself subject to any residency or citizenship investigations).
You can try. Not only do you have to fulfill all conditions of being an international student (financially etc.), she has the added burden of now being linked to you. Which means any officer will be hesitant to grant her any "temporary" status knowing she has a husband in Canada who is under investigation.
No. There is no legal basis for a request to expedite. You will only end up upsetting them more.
Yes, you can. 2 years is nothing in the bigger picture. I have friends who have been waiting for more than 4 years to bring their wives into Canada.
That is an option. Although that is your personal option. And an option that is not going to help you with your appeal whatsoever. If you do, you might as well be buying a one way ticket.
I am sorry to sound so callous, but your priority right now for the next few years (as long it takes for your appeal to be complete) should be to try to be as good a citizen as possible in Canada (by working, paying taxes, not travelling overseas a lot etc.) in order to maintain your PR status.
The alternative is you follow your emotions and go after your wife with the risk of losing your PR. If you okay with the alternative possibility of having to live back in your home country forever, go for it.
Edited by MajidS - 10 Nov 2012 at 5:06pm |
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zormas wrote: