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Canadian - Trying to Sponsor my Husband while living in UK

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Valentina
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Canadian - Trying to Sponsor my Husband while living in UK

Post by Valentina » Sat Oct 09, 2010 10:04 am

Hi There, not sure if anyone will be able to help me. Im living in the UK (since 2007) but am trying to move back to Canada, so am filling out all the forms to sponsor my husband. we are stuck on a few points and its stopping us from sending off the forms. If anyone can help with any of these, it would be much appreciated.


Here is a bit more background information:
I have been living in Northern Ireland with my husband since April 2007, and am eager to move back to Canada. In August 2009, we had a daughter and we have applied for her Canadian Citizenship. We are waiting to get that, then we will apply for her passport.

here are my questions:


For the UK country specific form:

1- Do I as a Canadian need to obtain a criminal record check?

2- do we fill out the 2 pages titled to Albanian citizens?

3- Do I as a Canadian and my daughter (born in UK - but has applied for her Canadian Citizenship) need to list our travels as well?

5- do my daughter and I need to provide photos?




For the Schedule 1 / Background declaration form:

1- On the application for my husbands permanent residence, pg2, do I list myself and my daughter? (I assume no, but please let me know if I am wrong, I put my daughter on just in case, but left myself off)

2- And if Yes to above question, Do I as a Canadian also have to fill in the Schedule 1 form? (I have also assumed the answer is NO, and have not filled this out)

3- My husband has just realized he obtained the wrong type of Criminal check / Police certificate. He has applied for the Visa specific forms to be fast tracked, but if they do not come in time (His Medical section is due to expire in the next few weeks) can we send all the forms in anyways, and specify that the criminal check will follow? or does everything have to go together in one bundle?




Sponsorship Evaluation forms:

1- Im confused as to weather or not I fill out the financial evaluation form, as I am sponsoring my husband from outside Canada, and I assume I am not sponsoring my daughter who was born in the UK because she is eligible for her Canadian Citizenship (which we have applied for), I realize she is still our dependent, I will have to show we can support ourselves. If I DO NEED TO FILL ONE OF THESE FORMS OUT, which form do I use (5481 or 1283)?

2- IF I should fill out form #1283, I do not have the requested "Option C' form because Im living and working in the UK, also a lot of the form is specified to a Canadian who has been paid in Canada. DO I just use the similar UK forms and fill in as best I can?

3- I was on maternity and sick leave after having my baby in the last year so am concerned I didnt have enough income in the last 12 months, but am back to work full time now, and do make above the minimum required. I have also obtained a higher paying job offer in Canada, so is this enough to prove my finances have changed? I have asked the company who has offered me the job to email me how much I will be paid and will print this out to hand in with the letter of employment offer he has previously sent to me. Can you let me know if this is enough in your opinion?


many thanks in advance to anyone who can help us get to the end!

I have also sent this as an email to the UK (re-london-im-enquiry@international.gc.ca) but am worried they wont get back to us on time, and of course to call the Canadian call centre you have to be IN Canada!!

Valentina

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Post by Directive/2004/38/EC » Tue Dec 07, 2010 7:21 pm

You should immediately apply for your daughter's Canadian passport. Do not delay. You can do that even before the Certificate of Canadian citizenship is done.

You only need to do a criminal record check, photos, and medicals for the non Canadian citizens. You need to list the Canadian citizens on the application and send a photocopy of their passport or CCC, but that is it.

Remember you the Canadian SPONSOR in all this.

What are your husband's citizenship(s)? When do you want to move back to Canada?

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Post by giuseppenero » Wed Mar 02, 2011 6:00 am

First of all, since you are canadian, your child is automatically canadian even if born in Timbuktu. Depending on her age, she may be able to travel on your passport.
You don't mention your husband's citizenship...very important.
Also his trade or skills. The last person I new about in your exact situation, the wife and child could enter at any time, but in order to act as sponsor from outside Canada for the husband, she first had to have a job offer from Canada to prove that the husband would not be a burden to the state. It seems that the state of the actual "family" means nothing anymore.
I wish all the best

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Post by Directive/2004/38/EC » Wed Mar 02, 2011 6:56 pm

giuseppenero wrote:since you are canadian, your child is automatically canadian even if born in Timbuktu. Depending on her age, she may be able to travel on your passport.
Not correct. Since the law changed in April 2009, only children of a Canadian born parent are Canadian citizens. And you can not add a child to a Canadian passport.
giuseppenero wrote:You don't mention your husband's citizenship...very important.
Also his trade or skills. The last person I new about in your exact situation, the wife and child could enter at any time, but in order to act as sponsor from outside Canada for the husband, she first had to have a job offer from Canada to prove that the husband would not be a burden to the state. It seems that the state of the actual "family" means nothing anymore.
Husband's citizenship and trade and skills do not matter. And the Canadian citizen sponsor does not need to have a job offer from Canada, or even be looking for a job. There is finally no need to prove that the husband of a Canadian will not be a burden to the state. None if this is correct when you are sponsoring a husband, a wife, or a minor child.

giuseppenero
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Child born to Canadian

Post by giuseppenero » Thu Mar 03, 2011 1:26 am

You are more informed. Although she didn't mention it, I assumed the Mother was born in Canada. By the way, How do we know she wasn't?

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Re: Child born to Canadian

Post by Directive/2004/38/EC » Thu Mar 03, 2011 2:10 am

giuseppenero wrote:You are more informed. Although she didn't mention it, I assumed the Mother was born in Canada. By the way, How do we know she wasn't?
I was only commenting on your statements. Don't know more than is written about this OP

giuseppenero
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Directive

Post by giuseppenero » Thu Mar 03, 2011 7:29 am

Firstly, I found the Directive on free movement within the EEA very informative, but do not see any relevance to Valentina's efforts to sponsor her non-canadian husband into Canada.
Secondly, from my 1st-hand experience "on the ground", Canada is not concerned with allowing entry to the mother and child (both Canadians). As reasonable as it may sound to us, "family reunification" may not take preference in this case. Canada is (possibly) more concerned with the immigrant husband becoming a "burden to the State".
That is why they prefer (may insist) that the wife (or any sponsor) reside in Canada and provide proof of ability to support the husband. Or at the very least, insist that the husband possess the job skills that are in demand within Canada.
In my familiar case, only AFTER a bonified Canadian business sent the wife a written job offer (for herself), was the husband given "landed immigrant" staus by the Canadian consulate and allowed to enter the country together with his wife and child.
Regards

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Re: Directive

Post by Directive/2004/38/EC » Thu Mar 03, 2011 8:19 pm

giuseppenero wrote:Firstly, I found the Directive on free movement within the EEA very informative, but do not see any relevance to Valentina's efforts to sponsor her non-canadian husband into Canada.
Directive 2004/38/EC is not relevant for moving to Canada at all. It is only relevant for moving to or within Europe when at least one person is a citizen of an EU member state. The reference is part of my signature, which is why it shows up on this and all my other posts.

giuseppenero wrote:Secondly, from my 1st-hand experience "on the ground", Canada is not concerned with allowing entry to the mother and child (both Canadians). As reasonable as it may sound to us, "family reunification" may not take preference in this case. Canada is (possibly) more concerned with the immigrant husband becoming a "burden to the State".
That is why they prefer (may insist) that the wife (or any sponsor) reside in Canada and provide proof of ability to support the husband. Or at the very least, insist that the husband possess the job skills that are in demand within Canada.
In my familiar case, only AFTER a bonified Canadian business sent the wife a written job offer (for herself), was the husband given "landed immigrant" staus by the Canadian consulate and allowed to enter the country together with his wife and child.
You say this is your 1st hand experience. So your wife is a Canadian citizen and you moved previously to Canada? When did you do the PR application with the embassy? And, can I ask please, what is your citizenship?

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1st hand

Post by giuseppenero » Thu Mar 03, 2011 9:46 pm

Dear Directive: By 1st-hand I mean that I was involved in procuring a letter of employment for a Canadian-born wife, living abroad and trying to bring her husband back to Canada with her.
It's a classic case of a State being overly zealous in following every bracket of the law. Finally, it was the letter of employment that tipped the decision in her favour.
I don't think it's my right to divulge from which country they entered Canada, but I don't see any difference in Valentina's case, so I want her to have only realistic expectations. And that's assuming she was born in Canada, otherwise I can see more hurdles on her path.
Unfortunately, long gone are the days when Britain and Canada shared preferential treatment for each others' citizens.
We haven't heard from Valentina lately though, wonder how she's doing? I wish her all the best.
Regards

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Post by Directive/2004/38/EC » Fri Mar 04, 2011 3:49 pm

When did the application happen?

I have not heard of any recent applications where they required this. Maybe it was quite a while ago or some very special circumstances...

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Post by giuseppenero » Fri Mar 04, 2011 5:23 pm

I believe it was the fall of 2007 extending into 2008.
Since you seem quite knowledgeable on the subject, I'm wondering if it could have been "special circumstances", because the country of departure could have been considered (I'm guessing) from the 3rd world and the couple were made (cynically it seemed) to jump thru hoops continuously.
Anyway as it happened, since the husband was a computer programmer, he found a top job in a few months.
Ironically, the business from which the letter of employment derived was never contacted (before or after) to confirm the job offer. In fact the couple ending up living in a different part of the country.

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Post by Directive/2004/38/EC » Tue Mar 08, 2011 2:15 am

Sorry this does not make any sense to me. I do not see any reason they asked for this, and I know of nobody else who was required to provide similar evidence of a job.

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Suspiciuos Consulates

Post by giuseppenero » Tue Mar 08, 2011 6:15 am

Now you have. But if you thought like a Consulate does, you would understand.
Coming from a "3rd world country", their suspicion was (as is often the case) that, the intent may not have been to remain in Canada as a family unit, but to send the (Canadian) wife and child back home once the husband got entry as a "landed immigrant". In that scenario the "sponsorship" by the wife would simply have been a ruse (sham). That's why they insisted on a written job offer for the wife to prove otherwise. Considering the husband's very marketable qualifications however, one could say that the Consulate was being a bit overly zealous. Something akin to some parking ticket wardens.
(If you look up "crazy parking tickets UK" on Google, it will shed light onto the common sense of some Consulates )
Hope that works for you, otherwise, a good and suspicious Consulate, you would not make.
Regards

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Post by Directive/2004/38/EC » Tue Mar 08, 2011 2:59 pm

I suspect if the visa officer had questions about the legitimacy of the marriage, he/she would have asked other sorts of questions. A job offer in Canada has nothing to do with that.

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Post by giuseppenero » Tue Mar 08, 2011 8:03 pm

There was no question of the legitimacy of the marriage. I think your interpretation of the case went awry somewhere.

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