Somebody------Anybody!!!!!

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Subject: Somebody------Anybody!!!!!
  I just got married to a girl on a student permit and have been exploring the best and efficient way to forward her application to CIC.It takes around 7 months (typically) to sponsor your spouse who is in canada on a visitor/student permit.

I was under the impression that as long as the immigration does not come through you are not allowed to work unless you are on a work permit but then I was going through the guide found here (http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf) and I got a little confused. The paragraph that confused me is down below;

"Working and studying
As a general practice, we advise applicants in writing when they are eligible to apply for a work or study permit. However, if you already hold a work or study permit and want to maintain your temporary resident status, you may apply to extend you status before you receive our letter. Whether you apply before or after receiving our letter, refer to the guides for Applying to Change Conditions or Extend Your Stay in Canada. These guides may be obtained by visiting our Web site or by contacting the Call Centre. If you already have a permit, you may continue to work or study for the duration of the document. It is illegal to work or study without authorization from Citizenship and Immigration Canada."


So the question now is
1- can an application for work permit be made along with sponsorship application and if so do you need anything other than a job offer or do you need an HRDC approval as well.(she graduated from here with a diploma and was denied a workpermit stating that her institution was a private institute and she needs hrdc approval and we never bothered to get HRDC approval)
2-SHould police clearance certificate be attached from canada along with the application and also police clearance from the home country.(Or do you even need a police clearance certificate from the home country.)
3-Should medicals be done beforehand and send the proof of medicals done along with the application.
Any answers?
Fingers crossed and waiting

[26-09-2005,17:52]
[**.39.172.25]
Azaz
(in reply to: Somebody------Anybody!!!!!)
I believe it takes 7 months for initial stage approval. The overall application processing and the granting of PR status might be much longer.

In February when the regulation changed, students were granted the freedom to work while in Canada. I believe in the past they were only allowed to work on campus, now they can work at any private company. You would have to apply for the student visa extension and pay the fee separately from the PR application. The two processes are different.

You wife will need a police clearance from any country where she lived for more than 6 months since she was 18. In some countries the age is 16. The police certificate should be attached with the application.

I have an external application and the medical was submitted with the application, the guide will tell what information to submit, for internal applications, I do not know if you submit the proof that medical was done up front as well.

There is a document check list in the guide that will give you a quick overview of the required documents. The information can be accessed online from CIC at www.cic.gc.ca

Hope this helps!!

[26-09-2005,18:26]
[***.246.61.1]
Katrina
Thank you (in reply to: Somebody------Anybody!!!!!)
Thanks Katrina,

I have already gone through most of the documents and almost filled them out too.
I think you have misunderstood the time frame. It is taking around 7 months for everything and not just the initial approval.
My question still remains is that will she be granted a workpermit or in other words is she eligible for a work permit if she is the wife of a canadian citizen/Permanent resident. Becuz the spouse of student permit holder and work permit holder are eligible to work and they usually get an open work permit, So i would assume that the same should be the case with the spouse of canadian citizen or permanent resident; and if thats not the case than its a little bizzare.
Hope somebody has an answer.

[27-09-2005,09:55]
[**.39.172.25]
Azaz
(in reply to: Somebody------Anybody!!!!!)
Hi Azaa,

You should call CIC for clarification. I just called and asked them about the proccess and the 6-7 months is equivalent to the 28-32 days for applications outside Canada. This is the just the part of the application that say yes, you are eligible to sponsor you wife while she is living in Canada. The finalization and the granting of PR takes another 1 year or more.

As for the status issue, your wife should maintain her status by completing the necessary application. She can become a visitor rather than remain on a student visa, as per the CIC agent.

Spouses of Canadians Citizens or PR are only granted/become eliigible for a work permit after the 6-7 months processing has been completed. It´s not automatically granted. Once you receive the AI your wife can get an open work permit and she will not need to renew the student visa, however she should maintain her status by apply seperately for a work permit or a student, or visitor´s visa.


[27-09-2005,14:46]
[***.246.61.162]
Katrina
(in reply to: Somebody------Anybody!!!!!)
Would really help if someone who has already gone through this process becuz this is becoming a little confusing now.
It takes about three months (approximately)for a spouse from new delhi to get here and it takes more time from within canada itself. There should be a limit to the retarded things the cic does.

[27-09-2005,15:02]
[**.39.172.25]
Azaz
(in reply to: Somebody------Anybody!!!!!)
I went through the internal process from Feb 1998- Sep 2000. It took more almost three years and during the process my husband had to apply for a new work permit every year.

It takes longer internally because, as CIC states, the staff in Canada is not fully knowledgeable about all the customs, practices and traditions in each country. The external offices have local expertise.

While its takes 3 months for a case to be finalized in New Delhi, meaning approval or rejection, some of the cases do get rejected. It also, takes almost three years in other offices.

As you are not getting answers on this forum try the following forums. You do not need to register for the first forum while you do need to register to post on the last two forums. The last link is for an organization called Settlement.org and the moderator on this forum will reply to you as well as other users.

http://www.tcscanadainc.com/wwwboard/index.html

http://www.immigration.ca/discussion/

http://www.settlement.org/discuss/

Good Luck and I hope you get the answers that you are looking for.

[27-09-2005,17:55]
[***.246.61.162]
Katrina
(in reply to: Somebody------Anybody!!!!!)
Katrina........
You are a sweetheart. Thanks once again.Hopefully someone has answers/
Besides I talked to a law firm in toronto yesterday and they said anywhere from 6-12 months for the entire process to wrap up within canada.

[28-09-2005,10:33]
[**.39.172.25]
Azaz
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