Assessing my options - help/advice/experience appreciated

[prairiechicken]

I am Canadian, living in the UK (have been here since childhood) and I have dual nationality. My husband is British, we've been married 8.5 years and together 18 years. We have one son, age 10, who also has dual nationality.

We would like to move to Canada, and obviously will be applying through spousal sponsorship (straightforward enough, hopefully). The way I see it we maybe have two options:

Plan A - we stay here in the UK, applying for sponsorship from here, and wait until we get PR before we move over there. Simple enough?

Plan B - this has arisen because I've seen a job I would love to apply for, we are taking a trip to Canada next week so chances are I would be there for interview (if they selected me for interview). We submit our spousal sponsorship application, then head over there asap, with my husband on a visitor visa. This raises more questions though - like:
- can he get a longer than 6 month visitor visa, and if so, how?
- if he did, would he be free to travel in and out of Canada without risk of not being allowed back in?
- I believe it would be best for us to apply outland through London anyway - is that correct?
- he has a limited company here in the UK, through which all his work is done, but he can work from anywhere with an internet connection, so is it safe to assume that since he wouldn't be working 'in Canada' as such (he would just be there while his normal work for his UK based company continued) that this would be allowed and wouldn't cause any issue?

Is there anything for Plan B I haven't thought of? Any major pitfalls of doing it this way?

Thank you

 

[MadeInCanada]

Take a look here:

http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-london-uk-applications-t49436.0.html


Take care

 

[prairiechicken]

Thank you, but that thread is SOOOO long, and although I have read some of it, I honestly don't have time to read the whole 618 pages to try and glean little bits of info.... I would massively appreciate anyone sharing with me here just briefly any nuggets of knowledge they have.

If I am going to apply for this job, I have to do it by tomorrow!

 

[MadeInCanada]

I will tell you what I know.

Visas can be extended. But UK is visa exempt. I believe it is an online application. But if you apply when you get here as an outland application status is implied until the final decision is made.

Outland is better if needing to travel while in-process. You will have the right to appeal if needed but from the sounds of it I wouldnt think you would.

There are others that know more here but it is Easter weekend and seems most are away.


I am trying to remember everything I have seen or heard on here to help you, but I am not dealing with a UK application.

 

[prairiechicken]

Thanks so much!

'scuse my ignorance, but when you say 'status is implied' does that mean that essentially, if you've applied for PR via spousal sponsorship, then that implies you have it (unless something really untoward happens and you're refused)?

 

[scylla]

Thanks so much!

'scuse my ignorance, but when you say 'status is implied' does that mean that essentially, if you've applied for PR via spousal sponsorship, then that implies you have it (unless something really untoward happens and you're refused)?

No - what madeincanada is referring to is extending your status here as a visitor. If you are here as a visitor and apply to extend your visit because you wish to remain longer than six months, you have valid status in Canada as a visitor until you hear back about your visitor extension request.

 

[MadeInCanada]

Thank you scylla.

 

[DGT]

Hello! Your husband can indeed enter Canada as a visitor (no visa required!). He can go with you and state at the border, that you have applied for Permanent Residence as a spouse, and submit whatever proof you might have (the letter you'll get with your approval as a sponsor, or your receipt for the application). He should have a return ticket with him, or proof of funds that he can use to buy a ticket to leave Canada after his 6 months. This will satisfy the CBSA officer at the border. That doesn't mean that he can't apply for a visitor extension though! It's pretty easy for a UK citizen to obtain an extension.

Hope all this helps!

 

[prairiechicken]

No - what madeincanada is referring to is extending your status here as a visitor. If you are here as a visitor and apply to extend your visit because you wish to remain longer than six months, you have valid status in Canada as a visitor until you hear back about your visitor extension request.

Ah I see. Thanks, that makes sense. ie as long as you have applied to extend your visit, you don't have to leave Canada while you're waiting for the extension comes through. Does that also mean you can leave Canada on implied status and still come back in ok?

 

[prairiechicken]

Hello! Your husband can indeed enter Canada as a visitor (no visa required!). He can go with you and state at the border, that you have applied for Permanent Residence as a spouse, and submit whatever proof you might have (the letter you'll get with your approval as a sponsor, or your receipt for the application). He should have a return ticket with him, or proof of funds that he can use to buy a ticket to leave Canada after his 6 months. This will satisfy the CBSA officer at the border. That doesn't mean that he can't apply for a visitor extension though! It's pretty easy for a UK citizen to obtain an extension.

Hope all this helps!

It sounds so easy!

Are there any downsides to doing it that way rather than just waiting for the PR to come through?

 

[canuck_in_uk]

I am Canadian, living in the UK (have been here since childhood) and I have dual nationality. My husband is British, we've been married 8.5 years and together 18 years. We have one son, age 10, who also has dual nationality.

We would like to move to Canada, and obviously will be applying through spousal sponsorship (straightforward enough, hopefully). The way I see it we maybe have two options:

Plan A - we stay here in the UK, applying for sponsorship from here, and wait until we get PR before we move over there. Simple enough?

Plan B - this has arisen because I've seen a job I would love to apply for, we are taking a trip to Canada next week so chances are I would be there for interview (if they selected me for interview). We submit our spousal sponsorship application, then head over there asap, with my husband on a visitor visa. This raises more questions though - like:
- can he get a longer than 6 month visitor visa, and if so, how?
- if he did, would he be free to travel in and out of Canada without risk of not being allowed back in?
- I believe it would be best for us to apply outland through London anyway - is that correct?
- he has a limited company here in the UK, through which all his work is done, but he can work from anywhere with an internet connection, so is it safe to assume that since he wouldn't be working 'in Canada' as such (he would just be there while his normal work for his UK based company continued) that this would be allowed and wouldn't cause any issue?

Is there anything for Plan B I haven't thought of? Any major pitfalls of doing it this way?

Thank you

He can extend the 6 month visitor visa.
He can travel in and out of Canada but it can never be guaranteed that he would be allowed back in each time. All it takes is one nasty border officer to refuse entry, especially if he is frequently travelling back and forth.
Outland is definitively better, much faster.
The working thing is a bit trickier because CRA doesn't just determine "residency for tax purposes" based on immigration status but also on residential ties, family ties in Canada etc. Best to consult with CRA or a Canadian accountant

Ah I see. Thanks, that makes sense. ie as long as you have applied to extend your visit, you don't have to leave Canada while you're waiting for the extension comes through. Does that also mean you can leave Canada on implied status and still come back in ok?

Implied status ends if he leaves Canada but as he is visa-exempt, he should have no issues re-entering.

 

[DGT]

It sounds so easy!

Are there any downsides to doing it that way rather than just waiting for the PR to come through?

Your husband won't be eligible for healthcare, or be able to work. That's the big downside!

 

[cdnmom]

Your husband won't be eligible for healthcare, or be able to work. That's the big downside!

Depending on the province you are going to... it may be possible to get Health Care

 

[prairiechicken]

Depending on the province you are going to... it may be possible to get Health Care

BC. Or at least that's the plan.

 

[canadianwoman]

It sounds so easy!

Are there any downsides to doing it that way rather than just waiting for the PR to come through?

If you all stay in the UK waiting for the PR to come through, you will have to submit documents proving that you will return to live in Canada. This may delay the application, since the visa officer could question anything you provide, given the length of time you've been out of Canada.
I'd just go to Canada with him as a visitor, and apply outland. He could continue his work from the UK. The tax authorities may be interested. I'd be tempted to just do it and mention nothing to them.