Immigration Newsweek
By Atty. Henry Moyal
Q. My wife is a Canadian citizen. We lived together in the Philippines for a few years and then she decided to return to Ottawa to be closer with her parents. She brought our daughter with her.
A few months after she arrived in Canada I applied for a visitor visa and I am now in Canada as a visitor. My wife has filed an inland spousal sponsorship and I obtained an open work permit until 2020.
The problem is that my wife is making my life miserable and threatening me each day that she will withdraw the sponsorship. She also repeatedly mentions that the only reason I will be an immigrant is via her sponsorship. Last week, she left the house and we are no longer living together. She has not cancelled the sponsorship but should I do so on my own? I have a Ph.D education and reputable work experience. Should I apply on my own or wait it out?
A. There are many legal issues here. Firstly, if you are no longer living together that is a problem because the inland sponsorship rules require that you cohabit together. You have an open work permit until 2020 and unless they remove you that is still valid which is good for you. In other words, the work permit will remain valid (unless it is taken away or expires) until 2020 regardless of what happens with your marriage or spousal sponsorship. Moreover, your wife is the sponsor and she has the right to cancel it if she wants. However, abuse may be a ground for withdrawal on your part. I am not sure that threats would constitute that. From the information provided, I think it is best for you to get a direct answer from your wife if she will cancel the sponsorship or not. If you are confident in your credentials, it sounds like you are a good candidate to apply under express entry. If so, you can withdraw the sponsorship on your own.
Q. I am a student in Toronto and married to a dual USA-Canadian man. We want to file a spousal sponsorship and we have heard a lot regarding an “inside vs. outside” application. What is the difference? Which is better? I do not want to stop going to school?
A. The distinction between “inside” vs. “outside” has nothing to do with your studies. You can certainly continue to study as long as you have a valid study permit which I assume you do. The distinction between the two refers to the place of processing. Who will process the case? Is it an immigration office in Canada or outside Canada? If there is an interview, will the interview be in Canada or outside Canada? That is the main difference.
In other words, an application that is filed outside Canada will usually be processed in USA (if you are a student in Toronto) and if you need to attend an interview it will be in Los Angeles.
Filing an application outside Canada requires you to first send the application to Nova Scotia and does not permit you to apply for a work permit. As well, if refused you have an automatic right of appeal.
If you file the application inside Canada, then the interview, if any, will be in Toronto. Filing inside of Canada will also permit you to apply immediately for an open work permit but if refused, you do not have an automatic right to an appeal.
In many cases though, the processing times are much faster when filing outside Canada but it varies from case to case.
Q. I entered Canada as a visitor last month to visit my mother but they did not stamp my passport? How do they know when I arrived ? and how do I apply for an extension? How long am I able to stay?
A. This is becoming a popular question and quite problematic for those seeking to prove legal status and/or to apply for an extension. It is my understanding that many officers now at many Canadian airports will not stamp your passport. Entry is recorded in their system electronically. While it is convenient for them, it is a nightmare for visitors. Many do not know that there period of entry is limited to only 6 months. As well, if you require an extension you now must prove it some other way and include it with your extension application.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
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