I have a few questions about a potential family sponsorship. I'm sorry is this for the U.S.? I am in Canada. Is this for

Expert's Assistant chat

Customer: Hi I have a few questions about a potential family sponsorship
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: I'm sorry is this for the U.S.? I am in Canada
JA: Have you talked to a lawyer about this?
Customer: Is this for the U.S. only?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is this for the U.S., only?

Answered by Debra in 10 hours 2 years ago

Debra

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Debra

163900 Satisfied customers

10+ years of experience

Debra

10+ years of experience

163900 Satisfied customers

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Customer

I am not sure how this works. Do I need to send a text? Should I enter my questions here?

Customer

Okay, let me add some information.
My partner and I are considering a Family sponsorship for her to immigrate to Canada. She is in China and is a Chinese citizen.
Firstly, is such a sponsorship particularly difficult, because it is China? Is acceptance likely? Certain? Probably? Uncertain?
Secondly, the Canada immigration website says there is a wait time of a year after the application is made. But there seems to be something called an Open Work Permit, for which the wait is shorter. Would she be able to enter Canada with one of these, while the main application is pending?

Customer

We are not married yet, but would marry. Does it matter where we marry?

Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Debra, Expert

Before I answer can you confirm that you are a Canadian citizen or a permanent resident and that you have not sponsored a spouse before please?

Customer

I am a Canadian citizen. I did sponsor a spouse before, 20 years ago, but that marriage ended. That spouse was not from China, but from Europe.

Debra, Expert

It doesn't matter where you marry. It also doesn't matter where you spouse lives or their citizenship.

You have the legal right as a Canadian to sponsor your spouse. As long as she doesn't have a criminal record this will absolutely work.

It takes a year to get this processed.

If she was already in Canada she could get an open work permit once the application for the spousal sponsorship is started. It doesn't make the process faster.

But it is going to be very hard for her to be admitted to Canada before she gets her PR status as she cannot enter with the intention of remaining.

Does that help clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer

Thanks very much. This is very helpful. Would you happen to know if there would be any limits on her making shorter visits during the waiting period--tourist visas or something like that? I presume that if she were able to come that way, should could still not apply then for the Open Work permit?

Customer

No I don't need to call thank you. I will give you a good rating, though, after this text conversation is finished.

Debra, Expert

If she came for a visit and then you applied for her spousal sponsorship she could then apply for an open work permit.

Customer

Thanks for this, Debra. So, I guess this means that the visit could not be during the waiting period after I have applied for the spousal sponsorship? If she came for, say, 2 weeks, and during those two weeks, we applied for both the spousal sponsorship and then the open work permit, could she then return to China to await the decision, then return if she was granted an open work permit? Sorry to be finicky, but she and I are just trying to plot out the time line that would be involved. How long would it likely to take to know if she was granted an open work permit?

Debra, Expert

Let me try again.

If she comes to Canada for a visit and is admitted because she has shown strong ties to back home and then she decides to stay you can sponsor her. There is an exception made for spousal sponsorships. This means that she can remain in Canada and she can get an open work permit and then work. If she leaves in the middle of the application process she will not be readmitted until the application process is completed because they will think she will not leave.

If you start the spousal application then it is not likely she will be able to come for a visit because they will think she is not going to go back home.

Customer

Thanks. One last clarification. So it sounds like the quickest option would be for her to come on a tourist visa, us to get married, make the spousal sponsorship application, then the open work permit application. She could over-stay her visa. But if we get married somewhere else and she is in China, and I apply to sponsor her, it will be a year's wait. Do I have it right?

Debra, Expert

Yes!

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