Canadian in Korea, hoping to move to Canada with my Korean wife... need help

[CanadianInKorea]

Hi everyone,

Looking for some guidance about what to do.

Some background info:
- currently living and working in South Korea
- I was born in Canada and am a Canadian citizen
- my wife was born in South Korea and is a Korean citizen
- we just got married on May 1
- we want to move to Canada together, so we're planning to use the spousal sponsorship route
- no children, no criminal backgrounds, nothing that could potentially be a red flag to Canadian immigration (as far as I know)

We've definitely procrastinated with regard to our application. My employment contract ends June 30, and with my work visa expiring, I have to leave the country shortly after. I was hoping my wife and I could leave together some time in early-to-mid July.

Our plan was to get our application together and apply through the outland sponsorship. While waiting for it to be processed, we were planning on living in Canada with my parents in Ontario, with my wife acquiring an Electronic Travel Authorization (eTA), since Koreans don't need to apply for a Temporary Resident Visa (TRV). After initial research a few months ago, this seemed doable. But now that it's so close, we are getting anxious and don't know what to do. So here is where my questions come in:

1. Did we wait too long? Is there any possible way for us to move to Canada in July? Does my wife need permanent residence before she moves to Canada with me?

2. Is my assessment of outland sponsorship correct? Can we apply before we leave Korea and live in Canada while we wait?

3. Related to (2), we had read that a return flight ticket is necessary to enter Canada. Is this true? How strict will immigration officers be?

4. If immigration believes my wife has no intention of leaving Canada (because we are married), will she be denied entry? Furthermore, I've read about people extending their visitor's visas in Canada after six months. In my mind, it seems that needing a return flight booked and being able to extend your visa can't both be true.

5. Is outward sponsorship the best idea? Would it be better to go to Canada and apply inland?

6. My wife is stressed out and wants us to hire an immigration lawyer. Is this a worthwhile endeavour? I've read some stories on this forum and the opinions seem pretty split on this issue.

Thank you so much to anyone who is willing to help. We're a feeling a bit lost, so anyone who can point us in the right direction would be greatly appreciated.

--Bryan

Note: I posted this in the stickied spousal sponsorship thread as well. I'm posting here to hopefully get some extra visibility.

 

[k.h.p.]

1. You've waited really long. Your wife is not technically allowed to "move" to Canada on a visitor's visa. If she appears at the border to be moving to Canada she may be denied entry.

2. You can apply before you leave Korea and wait anywhere in the world - with the possible exception of Canada. There is a small chance that she may be denied entry if she appears to be moving to Canada. You should read up on dual intent if you really wish to apply outland. You should consider inland applications, where you apply only after you two both get to Canada. With an outland application, she will be required to leave the country for a biometrics appointment (any country she can get into, she can do biometrics) and may be required to return to Korea for an interview in the unlikely event one is required.

3. It's not required but it's a very good idea. The CBSA officers may well be strict. If you want to go this route, you could book a ticket the morning you fly to Canada and be able to cancel it within 24 hours.

4. Yes, if CBSA believes she has no intention of leaving Canada, she will be denied entry. People cancel or change flights all the time. It's very easy for both to be true. People also just abandon flights to stay in Canada. That's why return flights are not necessary to be purchased for a visa application. Examination at the border is something different.

5. You should consider inland since you've waited so long.

6. Hiring a lawyer can assist stress. If you review all the forms and are not concerned with the process, it may not be necessary.

Try to post in one place I don't go into the stickied thread frequently because it's like a firehose of people asking "what's your stage" "post your timeline" "I got this cryptic message from IRCC how many more days" and, as always "I applied three days ago. When can I expect PPR?"

 

[CanadianInKorea]

Thank you for your response.

So in your opinion, what would be our best way forward?

 

[k.h.p.]

Consider inland applications as part of your thinking. Why did you want to do outland to start with?

 

[CanadianInKorea]

We'd heard that outland was faster and as I understand applications can be appealed only through outland. It seemed to make sense at the time, but now I'm not so sure.

So, if we were to apply inland, how to we skirt around the issue of "not appearing to be moving to Canada"? We are planning to ship things to our parents house, but my wife would still be showing up with multiple suitcases.

I'm also wondering that since we are married, won't that raise suspicion that she might be intending to stay long-term? We've read that some people book expensive return flights that are able to be cancelled and fully refunded. Is this a legitimate option if immigration wants proof that she may return home?

And I did some quick reading on dual intent and it seems interesting. But again, I feel like this would raise suspicion if she arrives on a tourist visa and is also applying for permanent residence.

 

[YVR123]

One thing I can point out is, your wife shouldn't be showing up with multiple suitcases.
She needs to be travelling as normal traveler, visiting her Canadian husband.
Can she store some of her items in Korea until she got her PR? Can you take those items with you instead of she bringing them over?

 

[k.h.p.]

Family class applications can be appealed. Inland or outland, doesn't matter. Inland or outland both take about 12 months.

As @YVR123 says, don't show up at the airport with multiple suitcases.

Yes, being married will raise the suspicion she plans to stay long term. That's why people with spouses from visa-required countries see their spouses' visas denied routinely. You will need to have a Plan B in case your wife is denied entry to Canada at the border, no matter how small a chance that is.

The point of dual intent is if challenged by the CBSA officer, to acknowledge that a person intends to apply for PR but will also abide by visa conditions, including leaving Canada if they do not have appropriate status before their application is approved.

Provided you can get your wife into Canada, if I were you, I would apply for inland sponsorship and have her apply for an OWP at the same time. The OWP gives her implied status until the final decision, and if granted, she can work in 3-5 months after application.

The challenge is that you've waited until literally weeks before you have to leave Korea to start this process. Now you have to deal with the challenge that she may not be allowed into or to stay in Canada.

 

[Kayaker]

There's no reason you can't do an outland sponsorship, BUT, bear a few things in mind:

1) your wife cannot technically move to Canada. She can visit. That means, she should not bring over all her worldly belongings - just enough luggage that is consistent with a visit. A couple of suitcases would be reasonable, six probably would not be. I suppose you can ship some of her belongings to your parents' house as your own belongings. (And pay custom duties if any.)

2) There's a very good chance that at the border they won't ask many questions. But they also may ask questions. It would be good to have something just in case - for example, receipts showing you've already paid the fees for the sponsorship application, which helps show that you guys want to do things correctly and know the rules and want to abide by them, and various paperwork that you've already started compiling for application. Or, better yet, apply first, then come to Canada. (Even if it means you return to Canada first and she follows you after a few weeks.) From the border officer's point of view, they don't want her to come in as a visitor, procrastinate, and overstay. The more you can show that you two know the rules and have this all well-planned out, the better.

Also, are there any documents that she will need for the application that can only be obtained in Korea? Or might be a hassle to obtain from Canada? Personally I would feel more at ease if my application was all ready and I was confident I had everything I needed, before leaving my country. Some documents are awfully complicated to get when you're not there.

I applied Outland (from Japan) in February and flew to Canada in March as a visitor. (By that time I already had a piece of paper saying my husband was approved as sponsor.) I then applied to extend my stay in August, and was granted 1 or 2 years (can't remember.) In October my PR came through and I drove to the US and landed as a PR. So it's perfectly doable and many people have done it. You could consider doing an Inland application as well. But that also means she needs to enter Canada as a visitor even though she has a Canadian husband and is intending to stay, so she still runs the (very small) risk of being denied entry. In either case, she needs to enter Canada with dual intent.

My two cents regarding a lawyer - you don't need one. You have to provide all the info to the lawyer so that they can prepare the application - if you're doing that, you might as well type all that into the application form, right? Also, on the off chance that the lawyer makes a mistake or gives you bad advice and the application is denied, you can't point your finger to the lawyer and say "they gave me wrong advice/they made a mistake" - a denial is a denial.

 

[k.h.p.]

My two cents regarding a lawyer - you don't need one. You have to provide all the info to the lawyer so that they can prepare the application - if you're doing that, you might as well type all that into the application form, right? Also, on the off chance that the lawyer makes a mistake or gives you bad advice and the application is denied, you can't point your finger to the lawyer and say "they gave me wrong advice/they made a mistake" - a denial is a denial.

You absolutely can point a finger at a lawyer who made a mistake, and lawyers have errors and omissions insurance, and practice insurance, to cover off liabilities for when they make mistakes. That isn't a reason not to hire a lawyer.

The other reason you state - you have to do all the work for the lawyer - is a good reason not to hire a lawyer. But remember, lawyers also have the experience and training to identify where there may be problems in an application. If OPs' relationship is genuine and there is lots of proof of it, it wouldn't likely be necessary to have a lawyer.

If, however, the relationship is very new and at risk of being seen as not genuine, then a lawyer may help quite a bit.

 

[CanadianInKorea]

Provided you can get your wife into Canada, if I were you, I would apply for inland sponsorship and have her apply for an OWP at the same time. The OWP gives her implied status until the final decision, and if granted, she can work in 3-5 months after application.

The challenge is that you've waited until literally weeks before you have to leave Korea to start this process. Now you have to deal with the challenge that she may not be allowed into or to stay in Canada.

This is what scares me! I know we haven't done ourselves any favours by waiting so long, but it seems like a total crapshoot. We would be devastated if she was told at the border that she couldn't enter Canada, and she had to fly back to Korea. I can't do that to my wife. There doesn't seem to be a way for us to guarantee things here.

@k.h.p. I do really appreciate your help here. What can we do to give us the best chance of gaining entry into Canada? I forgot to mention it in my original post, but my wife has visited Canada before and we had no problems getting through immigration (however, she wasn't my wife at this time).

@Kayaker You make a good case for applying outland. And how does one apply with dual intent? Is it just a matter of applying for permanent residence while applying for a tourist visa, or do we officially have to apply for it in some way?

 

[CanadianInKorea]

... If OPs' relationship is genuine and there is lots of proof of it, it wouldn't likely be necessary to have a lawyer.

If, however, the relationship is very new and at risk of being seen as not genuine, then a lawyer may help quite a bit.

We've been together for over three years. Lots of photos and long chat histories in our messaging apps. Photos of her and I visiting my family in Canada and photos with our friends in Korea who can vouch for the relationship... I assume this is the type of stuff they look for, eh?

 

[k.h.p.]

Like has been said a number of times here: don't appear like she's moving. Have a real plan B that you can refer to.

 

[k.h.p.]

We've been together for over three years. Lots of photos and long chat histories in our messaging apps. Photos of her and I visiting my family in Canada and photos with our friends in Korea who can vouch for the relationship... I assume this is the type of stuff they look for, eh?

Yes, this is what they want to see.

 

[CanadianInKorea]

Like has been said a number of times here: don't appear like she's moving. Have a real plan B that you can refer to.

What does plan B look like? I mean, we'll be as prepared as possible. We'll gather documents that prove ties to her home country if that's necessary, we'll show proof of a return flight to Korea... But if we arrive in Canada and the CBSA agent says "Nope", what is our course of action?

 

[Western Mountain Man]

There's no reason you can't do an outland sponsorship, BUT, bear a few things in mind:

Also, are there any documents that she will need for the application that can only be obtained in Korea? Or might be a hassle to obtain from Canada? Personally I would feel more at ease if my application was all ready and I was confident I had everything I needed, before leaving my country. Some documents are awfully complicated to get when you're not there.

My two cents regarding a lawyer - you don't need one. You have to provide all the info to the lawyer so that they can prepare the application - if you're doing that, you might as well type all that into the application form, right? Also, on the off chance that the lawyer makes a mistake or gives you bad advice and the application is denied, you can't point your finger to the lawyer and say "they gave me wrong advice/they made a mistake" - a denial is a denial.

If you are not confident and have extra money then do some research and find a good lawyer.
They will have the experience and can alleviate the extra stress.
Unfortunately no one is perfect and mistakes can happen....So you deal with them.

My western friend has beautiful Korean wife. They had applied inland without a lawyer/consultant due
to financial issues. This was especially difficult when extra documents were required from Korea.
It was a big hassle and she did not want to leave her husband in Canada during the process.
The consulate offered advice and a family member was able to help.

It took years to complete through some procrastination but in my opinion there is a huge advantage
of applying inland because you are together in Canada. Starting at the bottom isn't easy and it's very expensive here.
They are happy working together......What more could you ask for?

Figure out whats best for you and make decision.
Don't waste valuable time.