Entering Canada on an out of country application

[seabright]

Hello everyone on this helpful forum!
My fiancee and I are applying for his permanent residence from outside Canada. we are both currently outside of Canada and are planning to travel there in a couple of weeks. We will have everything done on this side for the application but we're wondering if he can be in Canada on a tourist visa when we physically send it in.
What are the limitations to his being in the country while the process is underway? We understand not to mention anything about the application as we cross the border, but we are planning to get married this summer in Canada, and he has to be there for it!
Thanks for your help.

[Baloo]

What country is he a citizen of?
Is he visa exempt?
Any criminal record?

[_696_]

It can render to be a bit problematic to get in with a TRV while application proccess is undergoing, maybe you guys could delay the app 'til you get the TRV, assuming the trip wouldn't be any far from that date either.

[Carlo]

If you are a Canadian citizen then your husband is allowed to wait with you in Canada for the time that the immigration officer stamped his tourist visa for. For example if the officer stamped his visa for 6 months then he will be allowed to stay for that amount of time while his residency visa is in process.  by the 5th month you should apply for an extension to stay past the 6 month limit and they will usually grant it especially if you are already going threw a residency process. Even if they do not grant the extension it will take at least 2 to 3 months for them to give you an answer and for that amount of waiting time your husband will be able to stay for that extra period.

[Carlo]

It can render to be a bit problematic to get in with a TRV while application proccess is undergoing, maybe you guys could delay the app 'til you get the TRV, assuming the trip wouldn't be any far from that date either.

Its true you should wait to send the application forms at least until you enter Canada with the tourist visa.
Make sure to have all the proper documents from your husbands country before you travel.
Call the Canadian Embassy in your Spouses country and ask them what documents are needed from his country to apply for a residency visa.

[RobsLuv]

Again, this is all supposition when we don't know whether the fiance is visa-exempt or not.  However, I can answer one part of the question - there is no residency requirement for an outland application, so your fiance does not have to be in his country of nationality in order to submit it.  It's important, though, to know that if an interview is required, he will have to attend at the embassy and there is no guarantee he will be readmitted to Canada afterwards.  Also, you have to know what the rules are as far as getting his passport to the embassy when they request it.  It is generally not legal to ship passports over international borders - so applying outland means that, at some point, he's going to have to go back to submit his passport.

All that aside, his ability to be in Canada will be dependent on whatever temporary status he's given.  If he is visa-exempt, he will basically be applying for entry at a Canadian port of entry and it's up to the officer examining him whether to allow him to enter or not.  Usually all that's needed for visa-exempt nationals is proof that they intend to return home in a reasonable amount of time.  If you're accompanying him it's even better - you (as the Canadian) speak for him and "prove" that he qualifies to be sponsored and that you are submitting an application on his behalf and they will normally document him for at least six months on a Visitor Record, which he can apply to extend from within Canada.  In this type of situation, he will not need to prove that he intends to go back - you prove that you will support him and that you will ensure that he does not stay in Canada for longer than he's authorized to stay, that he will either leave or apply to extend.  

If he's non-visa-exempt, he has to apply in advance of traveling to Canada for a Temporary Resident Visa (TRV).  In most cases, spouses and partners of Canadians are not issued temporary status - especially when they are submitting (or have submitted) an application for permanent status - because they cannot prove that they intend to leave and there really isn't an avenue for the sponsoring partner to support their request.  

[seabright]

Wow, Thanks so much for all the replies.
He is an Irish citizen and we will be traveling from Ireland together.
I am getting a mixture of responses. Is it true that if I can prove to be his sponsor, we should pass through immigration with all necessary documentation to prove this? We are already getting all of his required papers, tests etc here so will he be able to stay until the application is processed then?
This  forum really is so helpful for us because we have no one to call to ask questions. We can not call the embassy in London to ask questions nor can we find an outside number for Canadian immigration from here.
Thanks again for your help.

[_696_]

Good, he doesn't need a Temporary Visa then, ( http://www.cic.gc.ca/english/visit/visas.asp ).

Depending on the ability to prove his intention to leave Canada after the alleged visit stay (6 months maximum, so do not pop saying something like were coming and his gonan be visiting for 3 years). For example he you guys do not even need to prove he will leave after the 6 months, basically one needs to prove the intention to return to home country after the whatever-period-of-time one says will be around for a visit (and you do not need to tell you are going to extend his stay at this stage, but NEED to satisfy the Visa Officer that he will be leaving after).

SO, if you guys will say ok, he's here for 90 days, after that we both, or he alone will be returning to Ireland, show return tickets (If applicable), letter from employer, property deeds on home country, family liens besides you, money to support the amount of time you are saying he is going to stay, etc.

All in all, he shouldn't have any problems at all to stay around in Canada provided you guys can SATISFY the VO, and remember its one's duty to satisfy them, we do not have the right to enter Canada freely as citizens do, even if entering along a citizen, just do your homework and prepare for it.

[Baloo]

It has been said many time, but it bears repeating - Visitors must "visit", they should not "move".
If the IO looks at you, with all your "stuff" he/she has to be convinced of your stated intentions.

Twenty cases for a one week trip won't cut it