How do you get a Spouse Visitor visa extension in Canada

If an applicant wishes to extend their spouse’s visa then the first step towards the same is to check the visitor visa status in order to ensure that one applies before the expiration date which is usually located on the passport in the form of a stamp.  If the passport does not have the stamp then it means that the expiration would be 6 months from the day one enters Canada.  It is also necessary that one applies 30 days in advance before the expiry of one’s stay as visitor.  Now for extending the stay of spouse as a visitor one can apply from inside Canada only if one has entered Canada legally, one has a valid study permit, has a valid post study work permit, has a valid Canadian residential address, and many more.  This process can be done either online or on paper.

Online:  If one wants to apply for Spouse visitor Visa extension online then one needs to have proper access to a computer and scanner so that one can electronically upload the documents, a valid credit to pay the government fees and an email which the applicant has to check regularly.

Paper:  If one wants to apply on paper then they have to download the application package, read the instructions carefully, complete and sign the form individually even if travelling as part of a family, in case of minor, the parents or guardian has to sign the form, pay government fee either online or through financial institution in Canada which is non-refundable, include receipt of payment with the application and finally mail the application to CPC-Ottawa.  Before sending the application care should be taken that all the required documents are there in order to avoid delays in the application.

However there are many reasons why an application can be delayed like an incomplete application being submitted, request to take a medical exam, request to complete security background check, check for criminal record, request to come for an interview and the last being documents missing.

CAN I REMAIN IN CANADA IF MY APPLICATION IS IN PROCESS?

One can legally remain in Canada if one has applied to extend their status before the expiration date which is then known as implied status whereby one can remain in Canada until a decision is made on one’s application.

Can my spouse work if on implied status?

Yes it is possible till the time all conditions on your permit are met and you remain inside Canada.

CAN MY SPOUSE TRAVEL OUTSIDE OF CANADA IF THEY ARE ON IMPLIED STATUS?

As temporary resident with implied status, one’s spouse can travel outside of Canada and come back only if one has multiple-entry visa.  Once left then one does not have the right to work or study until a decision is made on one’s application.  Due to this it is necessary that one satisfies the immigration officer at the border that one is able to support oneself until a decision is made on one’s application.  If one is not able to show sufficient funds the immigration officer has the right to refuse entry.   If one exits Canada solely for the purpose of visiting United States or St. Pierre and Miquelon then they can apply for new or subsequent extension at the port of entry.  Also one can apply for extension of one’s visitor visa provided they meet the requirements under the IRPR.

IMPLIED STATUS EXTENSION

There are different interpretations to the above like if one’s implied status extension is approved then the issue date is indicated on the document, if it is refused then the applicant is considered in status till the day the decision is made on their application and if it is rejected due to being incomplete, then the applicant is considered in status till the visitor visa document expires.  In such cases a fresh application for extension should be done and fees for restoration should be included else the application will be returned as incomplete.

What are the basic steps to sponsor your spouse to Canada

Sponsoring a spouse to Canada is not an easy process.  Thus it is mandatory to know the basic steps to apply thereby helping both the sponsor and principal applicant throughout the application process.

 

WHO CAN BECOME A SPONSOR?

One can become a sponsor if one is 18 years of age or older, if one is a Canadian citizen or permanent resident in Canada, if one is not receiving social assistance from the government, and if one succeeds in demonstrating that one has sufficient funds to provide for the basic needs of the principle applicant and spouse.  If the main applicant is a Canadian citizen and living outside of Canada with spouse, then it is mandatory that the applicant demonstrates in their application that their intent is to live in Canada once the sponsored spouse becomes a permanent resident.  But if the main applicant is a permanent resident and living outside of Canada then unfortunately the applicant cannot sponsor their spouse to Canada since as a permanent resident the applicant has to be inside of Canada to be eligible to sponsor their spouse to Canada.  In case the applicant lives in Quebec then they must meet Quebec’s conditions to be a sponsor.

WHO CANNOT BECOME A SPONSOR?

An applicant cannot become a sponsor for the following reasons:

·         If the applicant owes the government money such as an immigration loan, family support payments or performance bond.

·         Failed to meet basic needs or previous sponsorship in which the sponsored relative ended up getting social assistance.

·         If the applicant is under a removal order.

·         If the applicant is collecting any type of social assistance.

·         If the applicant is in debt and their bankruptcy has not been cleared.

·         If the applicant has sponsored a previous spouse and three years have not elapsed since the principal applicant became a permanent resident.

·          If the applicant were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative or attempted or threatened to commit any of these offences.

STEPS TO SPONSOR SPOUSE:

1.      READ THE BASIC SPONSORSHIP GUIDE

As a precaution to avoid common mistakes in your application, it is highly recommended that one reads the basic sponsorship guide also known as Guide 5525 before starting to fill out the forms and collecting the documents.

2.      GET THE DOCUMENT CHECKLIST

A document checklist gives us information about forms needed, documents to be included with the application and also links on how to fill out each form.  Further, depending on whom the applicant wants to sponsor, the document checklist tells which IMM checklist is to be used for the applications application like checklist for spouse which is IMM 5533.  The applicant simply needs to print the checklist, follow the instruction and keep it on top of the application.

3.      FILL OUT THE FORMS

It is mandatory that the sponsor fills out and signs the forms related to his sponsoring his spouse, sponsorship agreement and undertaking.  Also a sponsorship evaluation and relationship questionnaire as well as a use of a representative form which is necessary if one has hired a consultant or immigration lawyer to assist the applicant with the application process.  The same becomes applicable for the person being sponsored who also have to fill out and sign certain forms like application to sponsor, sponsorship agreement and undertaking, generic application form for Canada, additional family information form, sponsorship evaluation and relationship questionnaire, schedule A which is a background/declaration as well as a use of a representative form which is necessary if you have hired a consultant or immigration lawyer to assist you with the application process.

4.      GATHERING ALL THE DOCUMENTS

While gathering your documents for application make sure to use the checklist in order to ensure that all the documents needed has been collected and unnecessary documents are not included which does not pertain to the situation.  Further, if the documents are not in English or French, it is necessary to make sure that a certified copy of the original document and a certified translation of the documents is included along with the application.  Since every country has different requirements it is mandatory to see what documents or additional forms are to be included with the application according to one’s countries specific requirements.  Also it is necessary to start the police clearance in advance in order to avoid delays since once the application is accepted for processing, one will be asked to submit an up-to-date police clearance certificate.

5.      Review the application for mistakes

Once all your documents have been gathered and your forms have been completed, it is necessary to review the application in order to avoid common mistakes like name spelled incorrectly, missing information, usage of wrong forms and so on.  Once done see that the forms and documents are listed according to the checklist.  Be sure that it is not stapled or even use of binders, plastic sleeves, folders or albums is strictly prohibited instead it is better to use paper clips or elastic bands.  Also see to it that the email provided by one is correct as most communication is done online and so having incorrect email or address may cause to miss a communication from the government.  Once done it is time to validate the form.  In case any information is found missing a pop-up-error message or a red square around the fields that needs to be completed will show up.  Once the forms are validated a barcode page will be created which is needed to be included on top of the application.  Now here it is absolutely necessary that one should not forget to pay the government fees online and include a copy of the receipt with the application.  If the fees is missing then the application will be returned as incomplete.

6.      SUBMIT THE APPLICATION

While submitting the application it is necessary to include a copy of the checklist with the application.  It is necessary that the application is submitted to the correct mailing address since overseas and inland applications have different addresses.  Always ask for tracking number from the courier provider.  Always contact the best courier service since there are important documents to be couriered and the worst thing would be your application getting lost. 

7.      WAIT FOR INSTRUCTION FROM THE GOVERNEMENT

After submitting the application it is necessary to wait for approximately 1 to 2 months in order to get communication from the government who either will return the application due to missing information else the government will give a UCI number showing that the application is still in process.  So wait and follow the instructions received from the government.

Sponsoring Spouse into Canada

Spouse sponsored into Canada will be granted a conditional landing in Canada for two years. Provided the couple remains living together in a conjugal relationship as spouses for two years after the initial grant of permanent residency, the conditional landing becomes permanent. In assessing whether or not the newly arrived spouse is living in a conjugal relationship for the two years, immigration officers may conduct spot checks of the living arrangements of the couple. In these spots checks, called "random assessments" in the new regulations, they will consider a number of factors, including their sexual behavior, sleeping arrangements, dinner habits, financial circumstances and attitude towards children.

These considerations and other very personal queries are aimed at determining whether or not a "conjugal partner" exits and whether it exists under the same roof. The onus to demonstrate compliance with these intrusive issues is on the non-citizen spouse. This means that the person under review may have to provide information on his or her sex life, and other issues, to satisfy an immigration officer that the sponsor and spouse are genuinely living together as a couple.

If an immigration officer decides she is not satisfied that the conditions are met, she would then render a determination that the non-citizen is not a permanent resident, and presumably write them not being in compliance with the law and issue an exclusion order, compelling them to leave Canada without being able to return for a period of year.

As a safety measure against forcing persons in abusive relationships from remaining in unhealthy situations, the two year rule is subject to exceptions for those who are being subjected to physical, sexual, psychological or financial abuse and/or neglect. Neglect is defined in the regulations as the failure to provide the necessaries of life, such as food, clothing, medical care or shelter, and any other omission that result in a risk of serious harm. This is an important protection to ensure that a person is not trapped inside a potentially dangerous situation, believing them unable to escape without losing permanent residency in Canada. A similar policy of protection has been recognized in Canada' humanitarian and compassionate grounds program and guidelines.

However, the law is flawed in a number of ways. Primarily, there is no recognition or exception made for persons who find themselves in relationships which though not abusive, are intolerable for any number of personal reasons including non-compatibility and/ or infidelity. Under the conditional permanent residency, a spouse who has discovered their partner's infidelity or who simply cannot get along with their partner is compelled to remain in the relationship for 2 full years, without any means of extraction, without losing permanent residency. This would even include a spouse who has conceived a child in the two year period and who has clearly entered into the relationship in good faith, believing when he or she applied for permanent residency in Canada that they were entering into a conjugal relationship of permanence.

The new enactment allows no discretion for an officer to factor in basic human frailties or errors in judgment into an assessment of who does and does not deserve to retain permanent residency. For a non-citizen spouse in Canada on condition who has a child within the two years, but who then is left by their sponsoring partner for compatibility issues, this means being forced to leave Canada and possibly taking their child with them. In addition to the loss of support from the sponsoring spouse, the separation of the child from one of his or her parents would also result. Depending on the distance of the spouse's home country from Canada, this conceivably has very serious consequences on the development of that child.

The new law is simply too harsh, not flexible enough and too intrusive. It will create animosity amongst those new immigrant spouses subjected to embarrassing and intrusive questioning and may compel others, who genuinely and in good faith came to Canada as a spouse, to leave without having engaged in any wrongful behavior. The law has potential for being cruel and intolerant. It must be repealed to allow for more flexibility.