Sponsorship(within or outside)

Dear Daisy,

I am a Canadian citizen and will get married with a Hong Kong guy, who used to live and study in Canada (held student visa). Both of us are currently residing and working in HK but will get married in Canada (Vancouver) Jan 2007. After marriage, we will settle in Vancouver.

The case is a bit complicated, he applied skilled worker immigration in April 2005 but there is still no news regarding his application at this moment. We are now thinking of the alternative to make him be able to stay in Canada after marriage--sponsorship.

Here are our questions:
1. Does he need to withdraw his skilled-worker immigration before I can sponsor him?

2. I learnt that there 2 approaches to sponsor a spouse: within Canada or outside Canada. Which one do you think better fit to our situation? Since we have reserved a church for our wedding ceremony in Canada, we will fly to Vancouver in Jan to get married anyways.

3. If applying within Canada, how can he enter legally into Canada? Is a visitor visa okay? But we are planning to fly to Vancouver to get things prepared coming October (Oct 06), is this too frequent for him to fly twice as a visitor? Will the customs reject his entrance?

4. If applying within Canada (after marriage), how long does it take for him to obtain an initial approval (i.e. he can work in Canada)?

5. In our case, do you think we should come back to HK after marriage and apply sponsorship 'outside' Canada? I learnt that we can appeal in this case but not 'within' Canada.

6. Do I (as the sponsor) need to provide any income proof?

Thanks and I appreciate your advice!

Winnie

朱小燕回覆

Dear Winnie:

1. Did you realize the differences between the two methods? For one, you have to prove your income under the suppsorship program; He does not have to withdraw his skill worker application as you would not know which one will go through first;

2. If I were you , I would go with the program making application under inland processing;

3. He could come in under the visitor visa;

4. He could apply for a work permit to work in Canada before he obtains his permanent resident status; By going through the inland processing , sometimes it takes 2 years to get the case approved which is slower than overseas processing ;

5. If you wish successfuly making supponsorship application, you need to come back to Canada or you will not be successful. After the wedding ceremony if you go back to Hong Kong, how are you going to persuaed the CIC
officer(s) you meet the initial requirement for nominating him?

6. Yes, you need to prove that you have earnings in Canada.

God Bless!

Daisy
September 9, 2006