Advice for bringing my Chilean wife to Canada.

[DustinBrett]

Hello,

I am currently living in Santiago, Chile with my fiancé. I am a 29 year old male Canadian citizen and she is a 32 year old female Chilean citizen. We are getting married in late-March and plan to move to Vancouver, Canada in mid-April.

I have a rough understanding of the visa application process to allow her to live with me in Canada but I would like to post my plan in detail here with links and quotes from the CIC website in hopes that others can help me understand the process more clearly. I also have some questions at the end of this post in reference to the application process.

Step 1 - Visitor/Tourist

I plan to fly with her to Canada in mid-April with all the documents prepared and filled out in case immigration has questions about her intentions for entering Canada. Chilean citizens can now visit Canada for six months without a visa as of 2014-11-21.

Link: cic.gc.ca/english/department/media/notices/2014-11-21a.asp

Chilean citizens no longer require a visa to visit Canada. This means that Chilean visitors and businesspeople can now stay in Canada for up to six months visa-free.

Step 2 - Permanent Residence

Within the first 1-3 weeks we will hopefully have found an apartment and have a permanent address for mailing/contact purposes. We should also have separate Canadian phone numbers by this time. Once we have these things the next step is to pay the fees ($550) and complete the sponsor/sponsored applications for permanent residence then submit these to the Case Processing Centre in Mississauga, Ontario. According to current wait times this process can/will take roughly 25 months. We intend to get her medical and police checks here in Chile before we leave and have them translated by a qualified individual if necessary.

Link: cic.gc.ca/english/immigrate/sponsor/spouse.asp

If you are a citizen or permanent resident of Canada, you can sponsor your spouse to immigrate to Canada.

Link: cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

There are two stages in the process to sponsor your spouse to become permanent residents.
- First: As a citizen or permanent resident of Canada, you must apply to sponsor your family member.
- Second: Your spouse must apply for permanent residence.

You must send both your sponsorship application and the permanent residence application for your family members at the same time.

Link: cic.gc.ca/english/information/fees/fees.asp

Applications to stay in Canada as a permanent resident (Spouse or Common-law Partner in Canada Class):
- Sponsorship application = $75
- Principal applicant = $475

Link: cic.gc.ca/english/information/applications/spouse.asp

Mail your completed application to the Case Processing Centre in Mississauga, Ontario.

Link: cic.gc.ca/english/information/times/perm-fc.asp

There are two consecutive steps in processing family sponsorship applications. In order to know the total approximate time you must ADD the times together.

Person to be sponsored lives in Canada
- Spouse, common-law partner in Canada: 17 months + 8 months = 25 months (Working on applications received on August 29, 2013)

Link: cic.gc.ca/english/information/medical/medexams-perm.asp

You can contact a panel physician directly to get your medical exam if you apply under one of the following categories: Spouse, common-law partner.

Link: cic.gc.ca/pp-md/pp-list.aspx

City: Santiago
Name: Philippa Moore
Address: Centro Medico San Jorge, Cruz Del Sur 177, Las Condes
Spoken Languages: English, Spanish

Link: cic.gc.ca/english/information/security/police-cert/central-south-amer/chile.asp

Name of document(s) to get: Certificado de Antecedentes (for criminal convictions) and Hoja de Vida del Conductor (for convictions related to driving)

You can apply in person at any office of the Registro Civil e Identification, with your “RUT” or online with Servicio de Registro Civil e Identificacion (available in Spanish only).

Link: cic.gc.ca/english/resources/tools/cit/admin/general/translation.asp

Any document that is not in English or French must be accompanied by the English or French translation, and an affidavit from the person who completed the translation, if required.

Step 3 - Open Work Permit

At the same time that we apply for permanent residence we will also apply and pay the fee ($155) for an open work permit under the new pilot program that began on 2014-12-22. This permit if accepted will allow her to work in Canada for 24 months from the date of approval which should be enough time for her permanent residence application to be approved. This open work permit will be processed within 4 months of submitting the application which should be before her 6 months temporary resident status as a visitor expires.

Link: cic.gc.ca/english/work/apply-who-eligible.asp#inside

You can only apply for a work permit from inside Canada if you are in Canada because you have already applied for permanent residence from inside Canada.

Link: cic.gc.ca/english/information/fees/fees.asp

Applications for visas and permits (Work Permits):
Work permit = $155

Link: cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

Citizenship and Immigration Canada will commence issuing open work permits to certain spouses or common-law partners before the approval in principle decision is made.

New applicants should complete a permanent residence application and an open work permit application and submit both simultaneously.

Applicants will have their application for an open work permit processed within four months of receipt of their work permit application.

Link: cic.gc.ca/english/resources/tools/temp/work/admissibility/open.asp

An open work permit enables a person to seek and accept employment and to work for any employer for a specified period of time.

Officers will issue open work permits to applicants if they meet the following requirements:
- A permanent resident application has been submitted.
- A Canadian citizen has submitted a sponsorship application on their behalf.
- The applicant resides at the same address as the sponsor.
- The applicant has valid temporary resident status (as a visitor, student or worker).

These work permits will be valid for two years.

Questions

Now that you have read my basic plan I would like to ask some questions about things I am unsure about in regards to the process. Thank you for reading and answering any questions you can help me with.

#1 - What should I tell immigration when we arrive in Vancouver?

Should I tell them she is my wife and that we plan to apply for permanent residence and an open work permit within the first month?

#2 - How should I mail these documents?

Should I mail all the documents (Permanent Residence Sponsor, Permanent Residence Sponsorship & Open Work Permit) in 1 envelope to the Case Processing Centre in Mississauga, Ontario?

#3 - Do we need to pay the Right of Permanent Residence Fee & Principal Applicant Fee?

Applications to stay in Canada as a permanent resident (Spouse or Common-law Partner in Canada Class):
- Principal applicant = $475

Right of Permanent Residence Fee (RPRF)
- Getting your permanent resident status = $490

 

[canuck_in_uk]

#1 - What should I tell immigration when we arrive in Vancouver?

#2 - How should I mail these documents?

#3 - Do we need to pay the Right of Permanent Residence Fee & Principal Applicant Fee?

Hi

Next time, don't post all of those links and quotes. It's unnecessary and makes it more difficult to read your post.


1. Tell them that your wife is visiting with you while you complete the sponsorship process.

2. Everything is mailed together.

3. PR fees: You can choose to pay only the first 2 upfront and wait for CIC to request the RPRF. However, not paying the RPRF upfront will delay your app when CIC needs to request it and wait for the payment, so it's advised to pay the full amount upfront.

Sponsorship application $75
Principal applicant fee $475
Right of Permanent Residence Fee $490

Total $1040


You should consider an outland app. I believe that the Mexico VO averages around a year right now.

 

[Ponga]

The total amount is $1040:

$75 Sponsor fee

$475 Principle applicant fee

$490 RPRF

It's suggested that you pay all fees up front if possible, but the RPRF can be deferred if needed.


1. Pay the fees before traveling to Canada. This will help prove your intentions when you are questioned by CBSA about your wife. It's also highly recommended to have a (refundable) ticket for her, to help convince the officer that she is NOT moving with you to Canada yet. She should also have `ties' to her country (such as a job, apartment, bank account, etc.) which again, will help show that she is merely `visiting' you for up to 6 months. She should not state that she is `moving' to Canada, because until she has been granted PR, she cannot legally live in Canada. Also, she should travel light, so only bring/pack items that would normally be brought for a visit.

I don't know what the actual processing times are for her country, but I can tell you that an Inland application is currently taking ~ 17 months just to reach the first (of two) approval stages. Most people that submit an Inland application end up regretting it, however...this is the only option if she wants/needs an Open Work Permit, as they are not available for an Outland application. Most people do not realize that a person can be physically in Canada, while submitting an Outland application. The person simply needs to maintain their status, which seems relatively easy to do via visitor extensions. Having a PR application submitted certainly helps with such requests.

2. Yes, but do so by courier, so that you know when it was delivered and signed for at CIC.

3. Already answered.

Keep in mind that her police check is only valid for 90 days and CIC MUST receive it prior to it expiring. For this reason, it might be best to request that when you are very close to actually mailing your application. And...make sure you check the CIC website the day before (and possibly the day of) mailing your application, because they often update forms. If your application has an outdated form, it's possible that your entire application could be returned.

Good luck!

 

[Ponga]

I feel like a parrot; canuck_in_uk always beats me to the punch. LOL!

 

[DustinBrett]

Thanks for the advice so far.

I think I would prefer to apply inside Canada because she will be working in Canada once she gets her open work permit. As for proving she is not staying, that could be hard because she is selling her stuff and ending her apartment lease before leaving. She has ties with her family and could move in with them if needed so I suppose we could use that as proof if needed, but if I already paid for the resident fee and work visa fees which I now understand to be $1040 + $155 then I will perhaps have to hope this is seen positively.

I have checked on applying from Chile and the wait time for Santiago is 85 days + 21 months which is pretty close to the 25 months that inland applications are said to currently take. Also I think we need to apply in Mexico City now, which says 17 months but I am unclear if that is the same for Chilean citizens.

Sorry about the links but I wanted to show my sources for information.

Also thanks for the info about the 3 months for the police check, I read this also and told her to wait till March to get it.

 

[canuck_in_uk]

I feel like a parrot; canuck_in_uk always beats me to the punch. LOL!

More opinions are always a good thing .

I have checked on applying from Chile and the wait time for Santiago is 85 days + 21 months which is pretty close to the 25 months that inland applications are said to currently take. Also I think we need to apply in Mexico City now, which says 17 months but I am unclear if that is the same for Chilean citizens.

All Chilean apps are processed through Mexico City now. Understand that the posted processing times are NOT averages. That is how long it took to process 80% of app, which means that 79% are processed faster. As I said in my previous post, the average is actually around a year.

 

[Ponga]

More opinions are always a good thing .


All Chilean apps are processed through Mexico City now. Understand that the posted processing times are NOT averages. That is how long it took to process 80% of app, which means that 79% are processed faster. As I said in my previous post, the average is actually around a year.

Huh? I guess my basic math skills are rusty, but if 80% are processed in 17 months...wouldn't 20% be processed faster? :-\

 

[DustinBrett]

Well a year sounds better but I want to move my wife to Canada sooner then later and I don't mind waiting for 25 months if we will have an open work permit until that happens. I will be with her for the rest of my life so waiting 25 months doesn't seem too bad.

 

[canadianwoman]

No, 20% take longer than 17 months. A few might be done in just 3 or 4 months.

 

[canuck_in_uk]

Huh? I guess my basic math skills are rusty, but if 80% are processed in 17 months...wouldn't 20% be processed faster? :-\

The remaining 20% that haven't been processed would be processed SLOWER than the rest, as they will take longer than 17 months.

Think it's time for you to take a break Ponga, maybe a nap .

 

[Ponga]

Well a year sounds better but I want to move my wife to Canada sooner then later and I don't mind waiting for 25 months if we will have an open work permit until that happens. I will be with her for the rest of my life so waiting 25 months doesn't seem too bad.

Keep in mind that with an Inland application (even with an OWP), the person is advised to NOT leave Canada until they have PR. If they are denied re-entry for any reason, it basically terminates the Inland application...and would void the OWP.

 

[Ponga]

The remaining 20% that haven't been processed would be processed SLOWER than the rest, as they will take longer than 17 months.

Think it's time for you to take a break Ponga, maybe a nap .

Right...I meant s-l-o-w-e-r, but I still don't see how 79% are processed faster. Sure, some of the 80% are faster but how do you know it's 79%?

Couldn't it be a much lower percentage than that?

 

[DustinBrett]

I read that as well and my spouse is willing to stay for the 25 months it will take. But I hope she will be able to leave from the information I found here it seems she could qualify.

Link: cic.gc.ca/english/helpcentre/answer.asp?q=248&t=28

Taking a vacation outside of Canada should not affect your application for permanent residence. Each time you come back, you must meet all the rules for entering the country.

If you leave Canada and want to return, you must have a valid passport, a valid work permit & a valid temporary resident visa, if you are a citizen of a country for which Canada requires one.

 

[Ponga]

IMHO, this is yet another example of how CIC could clarify this information, because the way that it's written now:
Processing Times
IN MONTHS
(based on a complete application package)


Mexico City- Mexico 17 Months

Leads one to believe that it takes that long, for 80% of the applicants. Even changing the wording to simply say "...within x months", would be an improvement.

 

[Ponga]

I read that as well and my spouse is willing to stay for the 25 months it will take. But I hope she will be able to leave from the information I found here it seems she could qualify.

Link: cic.gc.ca/english/helpcentre/answer.asp?q=248&t=28

It's not so much a matter of her qualifying, but rather a matter of how the CBSA officer that greets here upon her return to Canada ASSESSES her when she arrives. If s/he feels that she really is `living' in Canada (which, ironically, is a requirement for an Inland applicant), that could be grounds for refusal...even with an OWP. Any status that she had, leaves with her so when she returns, she's basically starting over (as a visitor).

Granted, the chances of refusal would appear to be small, but it all boils down to the CBSA officer that she encounters...and what they choose to do.