Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class
This document was made by other applicants to help each other with useful information about the inland sponsorship process. Please feel free to SHARE, edit and update it, and to add your thoughts to it.
When you start a new topic please use “Heading 1” or “Heading 2” and then update the table of content.
This document does not reflect the changes introduced on December 15, 2016
http://www.cic.gc.ca/english/department/media/notices/2016-12-15.asp
Timeline of inland applications / Inland spreadsheet
Proof of relationship and cohabitation
Maintaining legal status (implied status)
What can you expect on the exam
On what grounds can you be denied
If you are just applying for permanent residency
If you already applied for PR and OWP (without the correct fee…)
If you already have a PR application in process and you want to apply for OWP
GCMS notes - electronic case notes
Usual steps of the process (including standard letters)
Health Insurance, Driver’s Licence, etc.
Health Insurance with open work permit
Alberta Health Insurance - AHCIP
BC Identification Card (BCID):
Ontario Health Insurance Plan (OHIP)
Timeline of inland applications / Inland spreadsheet
You can find the timeline of the inlanders here:
If you would like to be added or there are any mistakes/updates, you can contact us in the following ways:
Add your data to the “New Entry and Update” sheet:
We always welcome new members who would like to help in maintaining the spreadsheet. If you are interested in joining us, please send an email to inlandapplications2014@gmail.com
Immigration Acronyms
Every acronym you can meet during the process:
http://www.canadavisa.com/canada-immigration-discussion-board/immigration-acronyms-t3007.0.html
https://docs.google.com/spreadsheets/d/1qp2u3X_F10-peLhSZnPwBNAZivuICTZIA2eyB-tOerE/edit#gid=0
The most common ones:
AOR - Acknowledgment of receipt - an email that IRCC send that they received your application
CSQ - Certificat de sélection du Québec
OWP - Open Work Permit
AIP - Approval in Principle - First Stage approval
DM - Decision Made - Second Stage approval
PR - Permanent Residency/Permanent Resident
Before applying
First and foremost: Check all the forms again that they are up to date at the very day you are sending your application! The most common reason behind the return of an application is due to missing and/or outdated forms and missing signatures.
READ THE COMPLETE GUIDE! http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp
Inland or outland
Know that you can apply outland even if you are in Canada. You can apply for visitor extension and stay in the country with your spouse as you were applying inland.
Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it's being processed. IRCC also advises to apply outland if possible (see below). Outland applicants also cannot apply for an OWP.
Inland has the downside that it's generally not advised that your spouse leaves Canada while you are waiting for your processing. With the pilot project you can get an OWP, but the complete process is longer and if an interview is required for inland, you may have to wait a couple years for that.
Other useful thoughts about the different kinds of processes:
http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html
For inland processing times check the IRCC website or this spreadsheet:
https://docs.google.com/spreadsheet/ccc?key=0ArK2RVjQ5v59dFlqaGRPN3JxaGY4Nk9ucTZxV1Z0NEE
The outland processing times posted on IRCC site are not averages. They are worst-case times for 80% of apps, meaning only around 20% of apps actually see those posted times. Some offices’ processing time can also vary based on the applicant’s country of origin (the London office can be much more faster if the applicant is from a visa exempt country), and some applications are processed entirely in Canada which guaranties a very quick processing. Those can include, but not limited to almost every US applicants, some British applicants, some other nationalities and everyone who has been legally admitted to Canada for at least 12 months (in the time the application was submitted the applicant had a study/work permit that was valid for 12 months from then).
Always do a thorough research about what can you expect based on your nationality and your other circumstances.
Check the actual outland processing time on canadavisa forum and from IRCC open data:
http://open.canada.ca/data/en/dataset/427337d0-7c36-4fed-8428-c6a63f8c19b3
http://www.cic.gc.ca/opendata-donneesouvertes/data/000001-eng.xls
http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/
Part of an email from B. Sultana, Ministerial Enquiries Division, August, 2014
“The creation of the Spouse or Common-Law Partner in Canada Class promotes family unity. It allows Canadian citizens and permanent residents to sponsor their spouses or common-law partners who live with them in Canada, for permanent residence. However, Family Class category redesign aimed at faster processing of applications from spouses, common-law partners and dependent children only applies to applicants who are outside Canada. It is always in the client's best interests to apply abroad in the prescribed manner, if possible. There are distinct disadvantages to applying from within Canada, including longer processing times, lack of status, inability to work and ineligibility for provincial/territorial health insurance coverage. For this reason, applicants are encouraged to carefully read the guide which provides important information for an applicant to consider before completing this application.”
Help with specific forms
You can find some help with each form in specific threads:
(You can also post your questions here)
Application to Sponsor, Sponsorship Agreement and Undertaking [IMM 1344]
http://www.canadavisa.com/canada-immigration-discussion-board/-t252664.0.html
Generic Application Form for Canada [IMM 0008]
http://www.canadavisa.com/canada-immigration-discussion-board/-t188752.0.html
Additional Dependants/Declaration [IMM 0008DEP]
http://www.canadavisa.com/canada-immigration-discussion-board/-t197052.0.html
Additional Family Information [IMM 5406]
http://www.canadavisa.com/canada-immigration-discussion-board/-t189043.0.html
Schedule A – Background/Declaration [IMM 5669]
http://www.canadavisa.com/canada-immigration-discussion-board/-t151543.0.html
Organizing
Read the COMPLETE guide carefully when filling the forms, don’t forget to write N/A, sign when it’s needed, and place the barcoded pages on the top of the package. Keep a copy of everything, especially of the receipt and the delivery certificate.
Check all the forms again that they are up to date at the very day you are sending your application! The most common reason behind the return of an application is due to missing and/or outdated forms and missing signatures.
Useful tips about organizing the package:
Don’t freak out, if you don’t have so much proof, much smaller applications are approved just fine! Quality over quantity. If you have 200 pages chat, it’s enough to send a couple pages from each month (the ones that present your relationship at the best, about milestones, etc.)
It’s better not to leave anything blank. Write “Not Applicable” or “N/A” to avoid confusion. Applications can be returned because of missing “N/A” indications.
Proof of relationship and cohabitation
A little help what IRCC is looking for:
“In assessing the genuineness of a marriage, the Immigration Appeal Division usually considers a broad range of factors including, but not limited to, how the couple met and how the relationship evolved, the duration of the relationship and the amount of time spent together prior to the wedding, the nature of the engagement and/or wedding ceremony, the intent of the parties to the marriage, the evidence of ongoing contact and communication before and after the marriage, the spouses’ conduct after the wedding, the level of knowledge of each other’s relationship histories, the provision of financial support, the partners’ families’ knowledge of and involvement in the relationship, the knowledge of and contact with extended families of the parties, the level of knowledge about each other’s daily lives, and plans and arrangements for the future. The factors are not exhaustive and the weight assigned to them will vary according to the circumstances of each case.”
http://www.canlii.org/en/ca/irb/doc/2006/2006canlii52350/2006canlii52350.html
See also what officers looking for in outland applications:
Canadian Visa Officers and the Social Construction of “Real” Spousal Relationships
http://onlinelibrary.wiley.com/doi/10.1111/cars.12031/pdf
Training materials to officers on how to spot non-genuine relationships (from 2007! outdated...)
https://drive.google.com/file/d/0B7K2RVjQ5v59OENMdGRwLW5QNDA/view?usp=sharing
Proof of Relationship
When you apply for permanent residence as a spouse or common-law partner, you have to prove that your relationship is genuine. The following items can be used as proof of your relationship:
Documents showing a relationship, such as a family medical plan and a joint bank account.
Documents showing shared ownership of property, such as a mortgage and a lease.
A marriage certificate.
A statutory declaration of common-law union (available on our website).
Proof of death, divorce or separation if either you or your spouse were previously married or in a common-law relationship.
Wedding or commitment ceremony invitations and photos.
Proof that you live with your sponsor, such as joint utility bills showing the same address for both of you.
Proof of visits to each other or trips together, such as airline tickets, boarding passes, and copies of the pages in your passport with stamps.
Long distance telephone bills.
Documents naming your partner as a beneficiary, such as insurance policies and a will.
Letters.
Photos of important events.
Statements from family members, friends or others confirming the good faith of your relationship.
Please note that it is not mandatory to include all these items to prove that your relationship is genuine. In addition, other proof can be taken into consideration.
Tip:
If you have used Facebook, this extension for Google Chrome would allow you to download all the messages you have interchanged.
Proof of Cohabitation
When you apply to sponsor a common law partner, you have to prove that you have been living with your partner for at least 12 consecutive months in a relationship similar to a marriage.
That means continuous cohabitation for one year, not periodical cohabitation adding up to one year. While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short term.
Here is a list of items that can be used as proof of cohabitation:
Shared bank accounts and/or credit cards
Shared ownership of residential property
Shared residential leases
Shared rental receipts
Shared utilities accounts (electricity, gas, telephone)
Proof of shared management of household expenses;
Evidence of shared purchases (especially for household items)
Mail addressed to either or both of you at the same address
Important documents for both of you showing the same address, (e.g., identification documents, driver's licenses, insurance policies, etc.)
Shared responsibility for household management, household chores, etc.
Please note that it is not mandatory to include all these items to prove that you have lived together. Also note that other proof can be taken into consideration.
Relationship Support Letters Examples
General information to consider including in your message (this can be written in French or in English, by the way)...
1. A description of how you know either one of us (typically the person you knew first)...examples
I am a friend of XXX, I was a co-worker of XXX, I am the sister of XXX, etc.
2. A description of how you became aware of our relationship, when you met the other partner, activities we participated in together, etc.
3. A statement to the effect that, in your judgment, we are in a real, loving, ongoing, genuine (you choose the words) relationship based on your personal knowledge and experiences
Maintaining legal status (implied status)
CIC is not concerned about your legal status in Canada while your PR application is in process, but you can have problems with CBSA if you don’t have any legal status. It is always recommended to maintain legal status.
The easiest way if you send an OWP along with your PR app. You will have “implied” status till you get your OWP (if you had legal status at the time you sent your applications).
You can also apply for visitor extension, or restoration of status within 90 days of the day you lost your status.
IMPORTANT: you need to send the OWP with the PR app to Mississauga.
If you have a work permit at the time you send your PR app, there is a chance that you can continue to work while under implied status. Always check with IRCC or with an immigration lawyer/consultant, because some work permits (usually the nonexpendable ones) don’t authorize you to continue to work. You can ask your Member of Parliament to contact IRCC, IRCC need to answer them, so you can have a personal statement if you can continue to work under implied status.
About implied status (source: IRCC, 2013)
“Implied Status - Temporary Residents
As a temporary resident (TR), if you send your application for an extension of your authorization to remain in Canada at the latest on the expiry date of your status, you will be considered in status as a TR until a decision is made on the application. This is known as an Implied Status*. If you hold a work permit or a study permit, you can continue working or studying under the conditions of your previous permit if you have applied to extend your stay in Canada under the same category. However, if you have applied to extend your stay under another category, you must stop working or studying.
If you leave Canada while under implied status, you may be authorized to:
- Re-enter Canada as a TR, if the Case Processing Centre (CPC) has not yet made a decision on your application to extend your work permit. Please note that you will not be permitted to work/study until you receive your new permit. You must satisfy the officer at the port of entry (POE) that you have sufficient means of support. This applies if you:
- are temporary resident visa (TRV) exempt;
- held a valid multiple-entry visa before leaving Canada; or
- travelled only to the United States** and/or St. Pierre and Miquelon by the end of the period initially authorized for their stay or any extension to it;
2. Re-enter Canada as a worker/student, if the officer at the POE determines that your application to extend your work/study permit was approved by the CPC while you were outside Canada;
or
3. Apply for a new work/study permit at the POE provided you have the right to do so under the Regulations.
For more information on implied status, please consult the Operational Manual - Overseas Processing (OP 11) - Section 24.
* Participants in international youth exchange programs (e.g., Student Work Abroad Program (SWAP), International Experience Canada (IEC) or Working Holiday Program (WHP)) do not benefit from implied status, unless extending a work permit not initially issued for the time limit authorized by the program.
**Including its Territories and Possessions.”
A story about working after IEC expiring:
Discussion about implied status:
The medical exam
What can you expect on the exam
The information below is from one doctor’s office, and it can be different for different offices. Always check with your doctor before your appointment.
.What identity document can I use for my Immigration Medical Examination (IME) appointment?
You can use any one of the following documents (the document must be original and valid):
Original Passport (preferred document)
Passport Card
National Identification Card
Driver's Licence
Refugee Protection Claimant Document
Original or certified copy of Birth Certificate
Copy of Passport Certified by a Canadian Visa Office
Refugee Travel Document
Red Cross Travel Document
UN Laissez-passer
.What should I bring to my IME appointment?
Your valid identification document
Any forms or letters received from Citizenship and Immigration Canada (if applicable)
All your prescription medications
Medical reports relevant to significant medical conditions - see FAQs below
Eye glasses or contacts
For individuals under 16 years of age, a Parent or Guardian must be present
If desired, please arrange for a chaperone to be present during your medical exam
Payment for our services - CASH only
.What should I expect at my IME appointment?
You will be asked for your Identity Document, any documents from Citizenship and Immigration Canada (CIC), as well as your personal contact information.
You will complete a medical history questionnaire and sign a declaration from IRCC.
We will take your digital photo and your height, weight, blood pressure, and we will test your vision.
Dr. XY will conduct your physical examination.
An internal exam is not required by IRCC, unless your history warrants it.
You will pay for your visit, receive your receipt, and proceed to the laboratory in the building to do your blood work, a urine test and Chest X-Ray (if required).
Your test results will be sent automatically to Dr. XY.
.What about my IME cost?
IME cost reflects complexity of an examination depending on the age group (child, adult, senior). Please contact our clinic for more information and pricing.
The cost of your IME is not covered by the Ontario Health Insurance Plan (OHIP).
You may be able to obtain reimbursement from private insurance or your sponsoring employer - you will be provided with receipts for all payments.
We can mail copies of your test results and your medical submission date for an administrative fee.
At this time IME fees are payable in CASH ONLY
.What lab tests will I have to complete?
All tests listed below are mandatory as required by IRCC.
Fasting is not required.
All test results will be sent directly to our clinic.
The cost of these tests is not a benefit covered under the Ontario Health Insurance Plan (OHIP).
You may be able to obtain reimbursement from private insurance or your sponsoring employer - you will be provided with receipts for all payments.
Age Urine Blood Chest
at Exam Test Test X-ray
__________________________
0 - 4 no additional tests
__________________________
5 - 10 yes --- ---
__________________________
11 - 14 yes --- yes
__________________________
15 - 64 yes yes yes
__________________________
65 + yes yes yes
__________________________
We follow IRCC guidelines in requesting additional tests, prior medical reports, or referring you to a Specialist, due to your medical condition. The cost of these additional tests or referrals required to complete your IME is your responsibility and is not included in the IME fee.
Lab fees are payable by credit card, debit card or exact cash. X-ray fees are payable by credit or debit card only.
.Do I have to pay if I am a Canadian Refugee Applicant?
Your IME and tests costs MAY be covered by Blue Cross.
When you call us to book an appointment:
Please have your UCI/Client number available (located on your "Refugee Claimant Document"). We will check your eligibility for Blue Cross and let you know if they are paying for your IME. If they are not paying, you are responsible for payment.
Please note that it can take several days for Blue Cross to enter your information into their computer system, and we are not able to book your appointment until this is done. If you are not in the system, we will be happy to continue checking and we will call you back to book an appointment as soon as possible.
.What if I am pregnant?
It is generally not recommended that a Chest X-Ray be done during pregnancy, but ultimately the choice is yours.
If you are pregnant IRCC offers you the choice of:
Deferring your Chest X-Ray until after the birth of your child
Deferring your Chest X-Ray until after 12 to 20 weeks of pregnancy
Proceeding with your Chest X-Ray immediately
Please be aware that your file cannot be submitted to IRCC without your Chest X-Ray results. If you decide to postpone your Chest X-Ray until after the birth of your child, we will provide you with a "Pregnancy Deferral Letter" for your records. This is your proof that your IME has been done, but that you have chosen to postpone your Chest X-Ray.
If you decide to go ahead with your Chest X-Ray, you will be provided with a special protective cover over your abdomen. This reduces the risk of radiation. For further advice, please speak with your own doctor.
.What if I am not sure if I am pregnant?
Please do a pregnancy test before your IME.
If you are still unsure, we can add a pregnancy test to your Lab requisition.
.What is considered a significant medical condition?
If you have a history of any of the following medical conditions, Dr. XY may require copies of your previous tests or reports to submit with your IME.
Cancer or malignancy
Cardiac disease
Diabetes
Hypertension (High Blood Pressure)
Chronic Pulmonary Disease
Tuberculosis (TB)
Renal disease
Hepatitis or Liver disease
Parkinson's Disease
HIV
Syphilis
Any Debilitating Condition (intellectual or physical)
Hearing Impairment
Blindness
Autism
Developmental delay
Psychiatric / Psychological disorder (including major depression, bipolar disorder, schizophrenia, dementia)
Drug or Alcohol addiction
Major operations
Prolonged or repeated hospital admissions
Any condition that requires regular medical follow-up and/or lifetime treatment
On what grounds can you be denied
Health grounds
- 38 (1) A foreign national is inadmissible on health grounds if their health condition
- (a) is likely to be a danger to public health;
- (b) is likely to be a danger to public safety; or
- (c) might reasonably be expected to cause excessive demand on health or social services.
Exception
- (2) Paragraph (1)(c) does not apply in the case of a foreign national who
- (a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;
- (b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;
- (c) is a protected person; or
- (d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).
Other sources of information
Canadavisa forum:
http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/
A Simple Step by Step Overview of Inland Spousal Sponsorship to Canada (outdated):
https://docs.google.com/document/d/1z2wJvrojAxqbsvIJs8C7c2nLwkmlK32upH5opdyIE4U/pub
A website for outland applicants with many articles that can be useful for inlanders too:
http://britishexpats.com/wiki/Category:Canada
http://britishexpats.com/wiki/Spousal_Sponsorship-Canada
http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ
Operational Bulletin IP 8: Spouse or Common-law partner in Canada Class
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
Applying for Open Work Permit
Effective December 22, 2014, IRCC will commence issuing open work permits to certain spouse or common-law partner in Canada class (SCLPC) applicants before the approval in principle decision is made.
http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp
And it was extended since:
The application
http://www.cic.gc.ca/english/information/applications/extend-worker.asp
Follow the Instruction Guide [IMM 5553] and send everything that applies to you from the Document Checklist [IMM 5556].
On the Application [IMM 5710] you need to choose - An initial work permit or a work permit with new employer. Put N/A for the name and address of the employer.
You must pay two fees:
Work Permit (including extensions) - $155.00 (non-refundable)
Open Work Permit Holder fee - $100.00 (if the application gets denied, this will be refunded)
Pay here:
http://www.cic.gc.ca/ENGLISH/information/fees/index.asp
If you haven’t applied for permanent residency yet
Complete the work permit application as written above (including all necessary documents and appropriate fees), put it in a smaller separate envelope beside your permanent residence application and submit both simultaneously in a bigger envelope to the Case Processing Centre in Mississauga.
If you already applied for PR and OWP (without the correct fee…)
If you already submitted an OWP application, you don't need to do anything, IRCC will automatically start to process your OWP.
If you applied after February 21, 2015 and didn't pay the $100 Open Work Permit Holder fee, your OWP application will most likely be returned. In some cases IRCC ask the applicant to pay the missing fee and after receiving they proceed to processing the application, but unfortunately that happens very rarely. If you didn’t pay the $155 Work permit extension fee (processing fee), IRCC might take the $155 from the Right of Permanent Residency fee (RPRF) that you paid (i.e. if you paid this fee before sending your application), in order to process your OWP faster, and will refund you the rest of the RPRF fee and ask you to repay the RPRF in full ($490) through their online payment portal. If you forgot to pay this Work Permit Extension fee, you should wait to receive an email from the IRCC about the refund and payment request.
The standard procedure would be to wait till your application is sent back, and send a brand new package to Edmonton. If you can't afford to lose so much time, you can try and send a new package to Vegreville without waiting for the return. Make sure to send an explanation letter. Include as much personal details as you can, following this guideline: https://docs.google.com/document/d/1exVjDW_qTVuCdi9Fnd5pKlOSA-XJ82Z4JDUZkUtQrE8/edit#heading=h.yg3fk39nlnph
Note, that sending a second application can cause confusion in IRCC, as you cannot have two similar applications at the same time. It is NOT recommended by IRCC to send a second application before you get your refusal.
If by the time you found out that you didn't send the correct fees your valid status expired, you should consider to send an application for restoration of status. Although a temporary resident application in process gives you implied status, it's not clear, if it considered valid once the TR app is returned.
Find the restoration app here:
http://www.cic.gc.ca/english/information/applications/visitor.asp
If you already have a PR application in process and you want to apply for OWP
You can submit a new OWP application as long as you have legal status (implied status counts). If you are out of status, you will need to get back into status before you can apply (through a restoration of status).
* One call centre agent said you can submit the OWP at the same time as restoration of status, but I'd suggest getting more confirmation first.
You must also reside at the same address as your sponsor to be eligible for an OWP.
Provide a cover letter explaining your situation and some proof that you have an inland spousal sponsorship application in process (like AOR email, proof of delivery, etc).
The OWP will be valid for 2 year, or until your passport expires - whichever comes first.
Finally, mail your application and proof of payment to this address:
Case Processing Centre in Edmonton
Immigration, Refugees and Citizenship Canada
c/o Work permits for spouses or common-law partners, Station 777
9700 Jasper Avenue NW, Suite 55
Edmonton, AB T5J 4C3
If you don’t have your AIP you can only apply via paper and not online. Note, that the address for this kind of applications is different than the standard address for regular OWP applications.
Medical for OWP
If you don't have a valid medical exam, you will be “not authorized to work in 1) child care, 2) primary or secondary school teaching 3) health services field occupations, 4) agricultural occupations.”
If you're not planning to work in these, then you don't need to do medical.
If you're not from a "designated country" then you can still work in agriculture without medical:
http://www.cic.gc.ca/english/information/medical/dcl.asp
Location on the OWP
On the new work permits there is a line “Employment Location”. According to the IRCC Call Centre and some MPs, if it’s not specified in the Conditions, it doesn’t mean that the employment is restricted to that city. With an open work permit you can work at any given location.
After applying for PR
AOR
Most applicants get an email - Acknowledgement of Receipt. Check the current timeline from this spreadsheet:
https://docs.google.com/spreadsheet/ccc?key=0ArK2RVjQ5v59dFlqaGRPN3JxaGY4Nk9ucTZxV1Z0NEE&usp=sharing
Note, that not everyone gets AOR, but if others with similar timeline already got AOR, you can call IRCC and ask for the applicant’s/sponsor’s UCI number and for the file number.
Changing your name
There are few important rules. The name you use in your application has to match the name in your current passport. And when you finally land, the name in your COPR has to match your current passport. So, you have three options:
1. Change your name and get a new passport before you submit your application, so you can use your married name during the whole process.
2. Apply for PR with your maiden name, then change your name, get a new passport, change your name in all of your documents issued by Canadian government (driver's licence, health card, etc.), send IRCC an explanation letter and copy of every new document, then call to verify that they are aware of your name change and your COPR will be issued on your married name. If your name doesn’t match on your COPR and on your passport, you will not be able to land.
3. Wait until you land and get your COPR, than change your name in your home country, get a new passport, change your name in all of your documents issued by Canadian government, then fill out a form and request a new PR card.
http://www.cic.gc.ca/english/information/applications/prcard.asp
Travelling during the process
As for Guide IMM 52 89: "Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker. The person being sponsored has no guarantee that he or she will be permitted to return or re‑enter Canada if he or she leaves before permanent residence is approved. This is especially true if a Temporary Resident Visa is required to enter Canada. Applications in this category cannot be transferred to immigration offices outside Canada. The person being sponsored will have to submit a new application to the Case Processing Centre in Mississauga (CPC‑M) if he or she cannot return to Canada."
During the inland sponsorship process it is highly recommended NOT to leave Canada at all. Some applicants can re-enter Canada with no problem, but this is completely up to that one particular officer you will meet at the border. If he or she denies your entry, you won’t be able to finish your inland application.
There are some factors which can decrease the risk, e.g. if you have multiple entry visa, have study, or work permit, but the risk is always there until you get your PR card. If you decide to leave the country it’s better to come back with your Canadian spouse.
One small exception: You can use your Record of Landing (IMM 1000) or Confirmation of Permanent Residence (IMM 5292 or IMM 5688) instead of PR card, IF you return to Canada in a private vehicle, such as your own car.
A story of a rejected TRV:
Read further discussion here:
Useful info from IRCC:
http://www.cic.gc.ca/english/resources/tools/temp/visa/processing/pr.asp
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp
Contacting IRCC
Calling IRCC
The fastest way to speak to someone: 1-888-242-2100,
then Dial 2, WAIT, Dial 1, WAIT, Dial 1, WAIT, Dial 0 - then wait for operator (was working on May 04, 2015)
There are a couple competent agents who can really help you with reliable information. But unfortunately most of the agents know very little about the process and sometimes they can give you wrong advice or make up things just to tell you something. Calling IRCC is not the best way to obtain information. If you really need to find out something maybe it’s the best to give them a call 3-4 times, and if you are getting mostly the same answer than you are all right.
Emailing IRCC
See also: http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-after.asp
If there are important changes in your application, like you got married or your child was born, you can send additional documents (if the original is not required) and additional info to question@cic.gc.ca.
Note the following before sending your email:
This email address is for case specific enquiries and online technical difficulties only.
We will only respond to your request if:
* you meet the criteria<http://www.cic.gc.ca/english/information/offices/help.asp> for case-specific inquiries listed on our website regardless if your application was submitted inside or outside Canada;
* the normal processing time <http://www.cic.gc.ca/english/information/times/index.asp> for your application has passed; and
* you cannot verify the status of your application using the online tool <http://www.cic.gc.ca/english/my_application/status.asp> page; or
* you wish to report important changes about your application such as birth, death, marriage, divorce, adoption, change in job status
* you submit all the requested information below:
* Surname (last name) - Exactly as it appears on the passport or identity document;
* Given name(s) (first name) - Exactly as it appears on the passport or identity document;
* Date of birth (YYYY-MM-DD);
* Country of birth;
* Complete address (including the postal code). If the residential address is different from the mailing address, please provide both addresses;
* Telephone number. If you have more than one contact number, please provide them all;
* Unique Client Identifier (UCI) number / Client ID number;
* File number;
* Type of application (Permanent Residence from within Canada: Spouse or common-law partner in Canada class);
* Approximate date that the application was submitted.
* If the above information is missing, we will not reply to your request until we receive all of this information in one email. Also, we can only communicate with you in one of our two official languages: English or French.
The response delay is 10 business days for online technical difficulties and 30 business days for case specific inquiries. Sending multiple emails concerning the same request will not accelerate the response delay.
Contacting your MP
The office of your MP (Member of Parliament) can make inquiries in your name and IRCC has to answer for them. You can find your MP here:
http://www.parl.gc.ca/Parlinfo/Compilations/HouseofCommons/MemberByPostalCode.aspx?Menu=HOC
Not every MP is equally helpful, but if you need to find out something, it’s worth a try.
Case Specific Enquiry
Only if your application has exceeded normal processing times or if you would like to submit additional documents.
https://secure.cic.gc.ca/enquiries-renseignements/canada-case-cas-eng.aspx
GCMS notes - electronic case notes
GCMS = "Global Case Management System"
It's the IRCC software system for tracking and managing immigration paperwork. It replaced two older systems (FOSS and CAIPS) that were used for inland and outland applications.
The notes provide you with a representation of the state of your application as recorded in the computer system. It's a low information density report (e.g., 30 pages of mostly useless detail) and the formatting is primitive (it appears to be a series of SQL select statements spewed into a PDF format. The entries are in reverse chronological order and divided by various categories.)
When you get them, best to go to the end of the report and start reading the notes (from end forwards). That's usually where the bulk of the information content is located.
There are many situations where you may want to apply for your electronic case notes. If you have been asked to attend an interview, then you may wish to obtain your notes to find out why the interview was requested, so that you can be well prepared for the interview.
Also, if you feel that your application is taking longer than usual, or you have not heard anything from the visa office for a surprisingly long time, then you may consider requesting your immigration file to check that your application is on track. We have often tracked unexplained delays down to missing letters or documents which have been highlighted as soon as the file is obtained. For example, IRCC may have written to an applicant requesting additional references, educational transcripts or language tests, but the applicant's address can be incorrect or outdated.
How to order GCMS notes
CIC's FAQ about the ATIP process - IMPORTANT!
http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?t=1
https://www.priv.gc.ca/au-ans/atip-aiprp/faqs_e.asp
The forms to order: https://atip-aiprp.apps.gc.ca/atip/weome.do?lang=enlc
How to order:
https://www.youtube.com/watch?v=j_E_dq_uLVo&feature=youtu.be
Access to Information = "you are asking for information about someone else" ($5.00)
Privacy Act = "you are asking for information about yourself" (free)
Category of Requester: Member of the public
Type of Records: Case Files
Type of Documents: Electronic Files
Method of Delivery: Email
How to read GCMS notes
http://immigrationguides.com/index.php?option=content&task=view&id=203
http://paktocanada.blogspot.ca/2013/07/how-to-read-gcms-notes.html
http://www.canadavisa.com/canada-immigration-discussion-board/caips-codes-t2988.0.html
Tax questions
If your marital status changes you must notify the CRA by the end of the month following the month in which your status changed. You can do this by using “Change my marital status” on My Account or by calling 1-800-387-1193. You may also complete and send form RC65, Marital Status Change.
You can include your spouse to your tax return if you simply put 000000000 as his/her SIN number. This is the easiest way and works perfectly for most of the applicants, especially without children. If you don’t have any income in Canada you don’t need to file taxes for yourself.
If you really need a valid number, you can apply for an Individual Tax Number (ITN) for Non-Residents:
http://www.cra-arc.gc.ca/E/pbg/tf/t1261/README.html
If you have any earnings, you need to file a Statement of World Income:
http://www.cra-arc.gc.ca/E/pbg/tf/5013-sa/README.html
If you have children and qualify for child tax benefits, hst, or any other credit, you may need to have an ITN and file a Statement of World Income in order to get those benefits.
More about IRCC’s process
Statistics on the sheet called “Stat”
Operational Bulletin IP 8: Spouse or Common-law partner in Canada Class
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
Good articles:
http://meurrensonimmigration.com/category/permanent-residence/spousal-sponsorship/
http://meurrensonimmigration.com/category/permanent-residence/family-class-permanent-residency/
Usual steps of the process (including standard letters)
If you put your email address to the forms, you will most likely receive everything via email (AOR, SA, AIP, DM, landing interview invitation).
1. AOR - usually the sponsor receive it, sometimes the applicant, sometimes both, sometimes none.
This confirms that your application to Sponsor a Member of the Family Class has been received by Citizenship and Immigration Canada (CIC) on *** on behalf of the following member(s): ***
2. SA - AIP for the sponsor.
This refers to the Application to Sponsor a Member of the Spouse or Common-Law Partner in Canada Class you submitted to this office on behalf of ***.
You have met the requirements for eligibility as a sponsor. The Application for Permanent Residence (APR) for your relative will be processed separately and he/she will be contacted shortly.
3. AIP for the applicant.
This refers to the Application for Permanent Residence you made under the Spouse or
Common-Law Partner in Canada Class.
It has been determined that you meet the eligibility requirements to apply for permanent
residence as a member of the spouse or common-law partner in Canada class. Please note that
a final decision will not be made until all remaining requirements for becoming a permanent
resident have been met. These requirements include medical, security and background checks
for you and, if applicable, all of your family members, both in Canada and abroad, even if they
are not applying to join you in Canada at this time. You cannot become a permanent resident
until you and all your family members have met these requirements.
Note : If you attended an interview and received this letter, it means your interview was successful.
4. DM for the applicant
This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.
We are pleased to advise you that processing of your application has been completed. The Canada Immigration Centre in *** will contact you to arrange an appointment for the finalization of your permanent resident application.
5. Landing interview letter
Your final determination for permanent residence interview has been scheduled at the above address on *****.
Please present this letter upon your arrival. Failure to appear for this interview will be perceived as a lack of interest in permanent residence and your application could be refused. Therefore, if you cannot attend this interview, please write or fax (***) or email this office immediately and explain why.
Please bring the following documents:
- This call-in notice;
- A valid passport, identity or travel document; if you were previously advised that you are exempt from the travel document requirement, bring other documents establishing your identity;
- Two photographs of yourself and for each person in your family that is being processed for permanent residence inside Canada. Please show the specifications on the reverse to the photographer.
- Temporary Resident document issued by IRCC (Work Permit, Student Permit, Visitor Record)
- Proof of Payment of the Right of Permanent Residence Fee.
6. Typical questions at the landing interview:
To the sponsor:
Are you still married / in a common-law relationship?
Do you understand the commitment of the sponsorship?
Do you still want to sponsor your partner?
To the applicant:
Have you committed any crimes in or outside Canada or had any problems with the law?
Have you ever been refused entry or been deported from Canada or any other country?
Do you have any dependents in or outside Canada?
When was your first and last entry to Canada?
Flowchart from 2014:
What to do while waiting
Work remotely
You can work remotely (via the internet or by phone) during the process. As long as you are not paid by a Canadian company (or individual) and do NOT work for a company in Canada, it's allowed. Try looking for opportunities at places like Guru.com, Freelancer.com, Fiverr.com, Elance.com, or even Craigslist (outside of Canada).
Volunteer
You can’t do anything as a volunteer, be aware of IRCC’s description about volunteering:
http://www.cic.gc.ca/english/study/institutions/work-volunteer.asp
There are collecting sites which gather offers that are safe to accept:
http://govolunteer.ca/ (BC and AB)
Study
Courses in Canada
You do not need a study permit if you plan to take a course or program in Canada that lasts six months or less, or you may take online courses from schools located outside of Canada.
Study English/French for free
The big majority of the programs are available only after you became PR, but there are a few you can use while your file is in process:
Surrey, BC: http://www.surreylibraries.ca/programs-services/5662.aspx
Quebec: With your CSQ, visa record and either AIP letter or open work permit you can apply for French courses here:
http://www.immigration-quebec.gouv.qc.ca/en/electronic-services/dacf-electronic/index.html
- press "submit a new application for admission"
- choose "Person authorized to submit on-site in Canada an application for permanent residence" in the pop out window
- finish the application
- print the file they send to your e mail and bring OWP/AIP with it to the bureau which will show in the file then sent
- wait few days for the answer
Some online sites:
Study online courses for free
Search for Massive Open Online Course (MOOC). These are online courses aimed at unlimited participation and open access via the web. In addition to traditional course materials such as videos, readings, and problem sets, MOOCs provide interactive user forums that help build a community for students, professors, and teaching assistants (TAs).
The best sites:
Go to Meetups
Find friends, practice language, start a new hobby…
Get support from others
There are many forums with fellow inlanders:
http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/
https://www.facebook.com/groups/inlandsponsorship/
https://www.facebook.com/groups/inland.sponsorship2013/
https://www.facebook.com/groups/306350269425282/
https://www.facebook.com/groups/276732255840623/
Health Insurance, Driver’s Licence, etc.
Health Insurance with open work permit
With case type 27 OWP you are eligible to health insurance in every province but Quebec. In Quebec you might be eligible with a case type 27 OWP and a letter from your employer confirming that you are working full time.
With case type 20 you can have problems in Ontario and maybe other provinces.
Alberta
Alberta Health Insurance - AHCIP
http://www.health.alberta.ca/AHCIP/temporary-residents.html
AHCIP eligibility while waiting for permanent residency status
In order to be eligible for AHCIP coverage you must have a valid Canada entry document or a letter from IRCC indicating a “positive first decision” has been made regarding your application for permanent residency
If you receive a “positive first decision” letter from IRCC with respect to your permanent residency application, forward a copy of the document along with your completed application for AHCIP coverage and other required documentation to Alberta Health.
Your AHCIP coverage may be reinstated to the date of the “positive first decision” letter but not earlier.
If your Canada entry document is due to expire and you have not yet received this letter, you may be eligible for a one time only temporary extension of your AHCIP coverage. However, we recommend you apply for an extension of your prior permit during the waiting period to avoid a lapse of coverage.
Health care for AB; eligible to apply as a dependent and get it as long as you have a valid status (except implied status). No need for AOR. All you need is IDs, marriage certificate and your temporary resident document (study permit, visitor record or OWP). The coverage would expire on the same expiry date of your temporary resident document. Also no 3 months waiting period, the coverage starts the same day you apply. You can fill and print the form beforehand from http://www.health.alberta.ca/docum.../AHCIP-form-AHC2212.pdf
British Columbia
Driver’s licence:
http://www.icbc.com/driver-licensing/moving-bc/Pages/Moving-from-another-country.aspx
A few countries have reciprocal agreements, in which cases you can get a BC licence without taking the test.
From other countries you have to have a primary and a secondary ID, and you need to take the knowledge and road test. For primary ID visitor extension is accepted if it’s valid more than 6 months (even by the time you take your road test).
If your visa is not valid for 6 months, you can get an interim licence which is valid for 2 months.
BC MSP Health Insurance:
The practice shows that you can have health coverage if you have anything with the wording “In Process” regarding your application. If your application has been received and you got an AOR, but eCAS doesn’t show that your application is in process, in theory you are still eligible for coverage, but you have to prepare yourself to fight and appeal for months. See more here:
http://www.canadavisa.com/canada-immigration-discussion-board/bc-inlanders-thread-t184207.0.html#new
When you got your first denial from HIBC, you can
- contact your MP and through them ask for an update of the status of your application from IRCC. IRCC need to answer them.
- contact your MLA and ask for their help with dealing with HIBC
- make a complaint to the BC Ombudsperson and ask for an investigation
You are eligible for health coverage with every type of work permit.
BC Identification Card (BCID):
http://www.welcomebc.ca/Live/Daily-Life/first-days/basic-id/bcid.aspx
If you have a student, work, visitor, OR temporary-resident permit that is valid for more than 6 months, you can apply for a BC ID card
Manitoba
New Brunswick
Work permit, two proofs of address, and passport needed. http://www2.gnb.ca/content/gnb/en/services/services_renderer.200843.Driver_s_Licences_for_New_Residents.html has details of countries with reciprocal agreements, allowing you to exchange a license without a test. Otherwise “non-residents from other countries must take a full driver licence examination which includes a road test, vision test, and written examination.”
Medicare - Work Permit/ Student Visa, proof of address (e.g. lease, utility bill) and Valid Passport needed - Will receive the card 3- 5 weeks after applying and will be valid for duration of the Work Permit status
Newfoundland and Labrador
Nova Scotia
Health Insurance
You can apply right after you sent your package.
http://novascotia.ca/DHW/msi/eligibility.asp
Ontario
Ontario Health Insurance Plan (OHIP)
http://www.health.gov.on.ca/en/public/publications/ohip/ohip_eligibility.aspx
You can apply for a Health Card when you have your OWP so long as you show the following proof:
- Letter of Employment on your company letterhead
- Signed and dated (After the date you took residence in Ontario)
- Stating you are a Full Time Employee
- Your title / occupation
- That you will be working for the company within Ontario (The company does not have to be located in Ontario. May actually put the address or city where the employee will be working)
- Start Date of your employment
- End Date at your company (i.e., end date of your OWP) OR that the employer intends to employ you for a minimum of six (6) months
The letter should not be:
- An employment acceptance or offer
- An employment contract (unless the contract is dated after the employment start date - it must be signed and dated)
- A photocopy (signature and date must be original)
Bring this to a Services Ontario Center along with:
- Open Work Permit
- Passport
- Proof of Address
Your OHIP coverage will start 3 months after your employment contract has started. You will be sent your OHIP card in the mail around that time.
Some Ontario Service Centres don't accept email AIP, other locations do. So if you are in Ontario, you have two choices. One is to keep going to different Ontario Service office until you find one that accepts your email AIP. Or two: Appeal to OHIP Review board. Submit your copies of AIP email and explain the situation you experienced with local Ontario Office. You will get an official approval for coverage after 6 weeks.
Bring this to a Services Ontario Center along with:
You can go to your local OHIP or online to Service Ontario to see the list of documents required. I went to my local Service Ontario and they could not issue the card, but gave me the address of the larger public office of Service Ontario who has the authority to approve us in our unique AIP situation.
1) Be sure to go to the public office in your area that provides full services.
2) Bring originals, not copies of any documents. If you have just the email of AIP, they can approve it after talking with a supervisor.
3) All documents you bring must be dated within the last 30 days. (Even a lease, but accompanied by a recent receipt might work.)
4) They want documents with the applicant's name only. For example our hydro bill has both my husband and my name on it and was approved by discretion and additional documents with my name alone and address.
I brought extra paperwork because I did not have original AIP letter and most things have both my husband and my name on it together.
I brought 1) passport 2) AIP email 3)temporary license paper (if I had the actual one in hand already this would have been sufficient) for additional support I brought 4) This month's joint Hydro bill and 5) Joint Lease 6) Temporary Resident Visa.
I filled out their 1 page form, they took a picture and my signature and I was done within 45 minutes.
The health card only becomes effective 3 months after your AIP letter and is valid for 1 year from the date of the AIP letter (so really only 9 months).
UPDATE:
You don’t have to be employed for 6 months (in the past), you need a letter from your employer confirming that they will employ you for at least 6 months.
Free clinic near Toronto:
http://www.scarboroughcvc.com/
Driver’s licence
Ontario has reciprocal agreements with a number of countries allowing drivers to swap their home licence for an Ontario licence. If you’ve driven for several years you can usually swap for a full “G” Ontario licence without the need for further testing (except a basic eye test) - d
https://www.ontario.ca/driving-and-roads/exchange-foreign-drivers-licence
http://www.drivetest.ca/EN/licencing/Pages/Getting-and-Ontario-Driver's-Licence.aspx
Prince Edward Island
Quebec
You are eligible to health coverage if you received your OWP under the spouse or common-law partner in Canada class AND you have a CSQ.
You also need to have permanent work contract for health card so : OWP+CSQ+Work contract or SA-AIP letter.
For the SIN just go to Service Canada and bring: Passport, OWP.
For RAMQ go to a service point and bring: Passport, OWP, CSQ, SIN, and either the work contract or AIP letter. You have a 3 month waiting period before you receive your card (and picture is taken by the RAMQ). The card will be valid for 1 year.
You can also obtain the RAMQ card if you have study permit, CSQ, and AIP letter.
Once you have CSQ and AIP letter contact them and they will start your file.
For the work contract, RAMQ will need a signed letter from your employer with your name, the name and address of the company (located in Québec), along with a confirmation that you work, full time, paid, for the company along with the beginning date and duration of your employment (with an end date, or “undetermined duration” if it’s a permanent position).
Saskatchewan
You are eligible for health coverage with every type of work permit.
(no info with visitor visa)
Recommendation from Anonymous user:
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Plinkington Law Firm.
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