Sponsoring inside versus outside of Canada

[mmhughes]

I am a Canadian citizen (who holds dual citizenship with the UK) who has been working in the UK for nearly 4 years. I would now like to return to my family in the Ottawa area because I am terribly homesick. Just over three years ago I fell in love with a Brit whom I am now engaged to. We've also been living with each other for about 2.5 years. We have both decided that we would like to move to Canada. However, I am extremely confused in how to do this because there are many options. Firstly, should I move to Canada on my own and apply to be his sponsor from there? Or could I do it from within the UK? Or would it be preferable for both of us to move to Canada together and then we apply from within? To be honest with you, the thought of living apart for 6-12 months or 12-18 months as the CIC website states seems horrible and I just don't know what to do.

Could anybody advise?

Thank You.

[InformationSeeker]

Decide first if you want to do this as a common law partner or as a spouse.

There's no need to live apart. Sponsoring from outside Canada is much faster and in the London office takes anywhere from 3-6 months mostly. A recent case i know of a Canadian citizen sponsoring a British citizen took 4 months. If you sponsor from within Canada it could take up to over a year and half.

There are many provisions on the applications for Canadian citizens not currently living in Canada. Start filling out your application forms immediately and do not be afraid to be as descriptive about your relationship as possible. Remember, the Canadian government just wants assurance of some facts,

* That this is a genuine relationship. Prove this by showing pictures together, correspondence, bills etc showing you guys have been living together for over a year etc.

* That you make enough money to fully support your partner in Canada. Need your tax papers, proof of income etc.

[Ssarah183]

Applying from outside Canada seems to be the better way of doing it usually as if you are turned down you have the right of appeal plus it takes less time. (normally) If you do it from outside Canada you need to be able to prove that you plan to return to Canada to live

"Sponsors not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada. Evidence that they will reside in Canada may include one or more of the following:

    * letter from an employer;
    * letter of acceptance to a Canadian educational institution;
    * proof of having rented/bought a dwelling in Canada;
    * reasonable plans for re-establishing in Canada or severing ties to the other country."


If you submit an application outside of Canada  your fiance can come back to Canada with you as a visitor while you wait for it to process (although if you are called in for an interview it will be in London) but the whole process could be done within 2-8 months.

Your Fiance can also come as a visitor if you apply from within Canada but if she has to come home for any reason then she might not get let back into Canada and then the visa application would be null and void. The good thing about applying from within Canada is you can submit a Temporary Work Visa for your Fiance with the application, once you get first part approval they will also approve the TWV. First part approval can take 6+ months and you have no right of appeal with an inland app.

If you want to stay together you can apply from the UK, you just have to prove that once you get approved you will both go to Canada.

[mmhughes]

Decide first if you want to do this as a common law partner or as a spouse.

There's no need to live apart. Sponsoring from outside Canada is much faster and in the London office takes anywhere from 3-6 months mostly. A recent case i know of a Canadian citizen sponsoring a British citizen took 4 months. If you sponsor from within Canada it could take up to over a year and half.

There are many provisions on the applications for Canadian citizens not currently living in Canada. Start filling out your application forms immediately and do not be afraid to be as descriptive about your relationship as possible. Remember, the Canadian government just wants assurance of some facts,

* That this is a genuine relationship. Prove this by showing pictures together, correspondence, bills etc showing you guys have been living together for over a year etc.

* That you make enough money to fully support your partner in Canada. Need your tax papers, proof of income etc.

Initially we were going to apply as "common-law" and get married in Canada. Unfortunately, we don't think his grandparents are healthy enough for such a long flight. So we have now decided to get married in the UK in May 2010. I am hoping this is not going to look too suspicious but I've kept all of our bills, leases and combined account information for the past couple of years.

Sorry if I sound a bit silly but I just need to recap and get a grasp of this. You said that there's no need to live apart. But wouldn't I have to move to Canada first and get a job then start the process from over there? 3 or 4 months doesn't sound so drastic.  And moreover, that sounds much better than 1.5 years! I would rather get a job secured before moving but may not be so easy since employers like to interview in person before hiring. Is it possible to start the process before leaving?

Thanks so much.

[Leon]

If you are a citizen, you can sponsor even when you are not living in Canada.  All you need to do is prove that you are planning to move to Canada when the PR for your spouse is granted.  This proof could be something like a job offer, acceptance to college, having arranged housing, detailed plans on where you are planning to live and what you are planning on doing, letters from friends and relatives stating they know of your plans and will support you, letters stating that you will have a place to stay with somebody while you look for housing etc.

[rjessome]

Start the application now.  Apply as common law.  Apply outland and advise them of your impending wedding date.  You could be finished with this whole process by the time you get married in the spring.  Leon and sarah are right about the requirements for a citizen to apply while residing outside of Canada.  However, spousal/common law sponsorships are financially exempt.  Do provide them with information in your "proof" that shows you have savings/work history, skills that will allow you both to settle in Canada without going on welfare.  This means that you don't have to meet the financial requirements to become a sponsor but that, if asked, you can show you have adequate means to support yourselves when you land in Canada.

Remember that the application is in two sections.

1.  Sponsorship eligibility - for you, a Canadian citizen living outside Canada but plans to move back to Canada.  NO financial requirements for eligibility (meaning no test although you do have to provide them with info) because you are sponsoring a member of the family class under spousal/common law category.

2.  Application for Permanent Residency - your partner's application to show he is a member of the family class and that your relationship meets the requirements of this class (living at least 1 continuous year together, and have joined your lives like joint bank account, renting/owning a house together, genuine relationship, etc.)

Good luck.

[mmhughes]

Many thanks for everyone's help. It's greatly appreciated.

Just two more little questions. Is it more difficult to apply as a common-law couple rather than a married couple?

Also, once my partner becomes a PR, will he be allowed to work?

[Leon]

You always need to provide proof of a real relationship but the added proof for common law is to prove that you have been living together for 12 months.  Otherwise there is no difference.

Somebody who has a PR has the right to work and live anywhere in Canada.  They basically have all the same rights as a citizen except to vote.

[mmhughes]

Thanks so much for your help:-)