Family class sponsorship - British Citizen well traveled

[fayegenereux]

Hello all

My husband and I are looking into the immigration process and are totally lost. I have been reading information for days but really dont know what to do for the best. Any Advice would be helpful...please!

My husband and I have been together over 4 years and have recently got married in Thailand. We are now looking to move to Canada. He is a Canadian Citizen and I am British. We are still in Thailand awaiting a new passport for myself in my married name. Once this is back we are looking at the best way for us to move to Canada. We have been debating whether to do the outland or inland process. We do not want to be apart - can we apply outland from Thailand (via england) if we are only travelling in Thailand?

If not then it looks like I will have to move to Canada with him - how feasible is it that I enter Canada on a one way ticket and just get the 6 month visitor visa on arrival? then apply inland?! I know the inland option can take about 19 months and i really do not want to sit around without working for this time period i have read you can apply for an open work visa once the first stage has gone through in about 8 months - does any one have any more advice on this bit. The other things we are worried about is that my husband doesn't have a job, and has been travelling for over 6 years out of Canada with only a 9 month span in-between working in Canada. We have been told one of his parents can co-sign the sponsorship ?anyone?

I also have been out of the UK for 5 years ( 9 months in Canada on a working holiday visa) and small 2-3 moth trips back to the UK in-between. I know you have to show where you have travelled in the previous 10 years - but most of my travelling has been done around Thailand in and out for years. Does any one know if this may have an impact on the application? Will i have to put it all down as the passport will have been in my maiden name? I would think I have to!

We are running low on Cash and need to act swiftly. I know the whole process can take ages but we dont want to live apart. Feel like we are in Limbo. Again any advice would be extremely helpful. Thank you! ???

 

[Sweden]

Hey Fayegenereux,

First of all - welcome!

The immigration process is at times very confusing and time consuming, you will need to do a lot of reading probably, but feel free to ask any questions whenever something is not clear.

About inland or outland - I would recommend outland. It is faster, especially since you would be going through the UK office. You can start the process while you are in Thailand, gathering all documents etc, and then send your file to Canada and indicate London as your visa office. You will need to have an address there ( I think), but the fact that you are british should be enough for you to choose to go through London office. You can have a look at the first post in this thread to understand the advantages.

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

as you are from a visa-exempt country, you could start the process, and then go to Canada and wait there with your husband. You would not be allowed to work there, but you can stay with a tourist visa until the PR is approved. You will need to prove ties to the UK though, probably a one way ticket is not a good idea - but it also depends on when in the process you are moving. If you move after the sponsorship is approved, it looks like (but it's only a guess at it depends on the officer at the border) it is easier to get a tourist visa.

For the moment, you are looking at 3 months for the first part (sponsorship approval) and then 7 months average in London office. However the processing time in London can be shorter than that, depending on your file.

the fact that you have traveled in Thailand - you need to indicate all the dates etc. It would be difficult for CIC to control everything but if for any reason they find out that you have lied in your application then it's called misrepresentation and you could be banned from Canada for that. But of course - while filling out the application you can also explain that you can't remember exactly some of the dates but you have done it to the best of your knowledge etc. You will also need to get a criminal record from each of the countries you have lived for more than 6 months since you were 18, or for the last 10 years, whichever comes first.

For spousal sponsorship there is no income requirement, unless you have children. Your husband will have to prove that he is moving back to Canada somehow - depending on your plans, explain what you intend to do, if he has a job offer, include it, if you know where you will be staying etc - be as concrete and precise as possible.

Hope this helps - feel free to ask more questions if you want!

Good luck with the application,
Sweden

 

[fayegenereux]

Hi Sweden. Thank you so much for your response.

We have been looking at the outland and know it is the fastest route for us to choose. However i have seen posts that indicate that if the sponsor has not been in Canada for some time this can slow the process. The thing is we need to move somewhere where one of us can work in about a month for financial reasons. We understand that we will need to wait till the sponsor is approved before entering Canada. or is that as you say up to the border official with regard to me entering Canada on a tourist visa?

OK the other thing that i cant seem to find is about the criminal records check - obviously I will need one for Canada and the UK. But when travelling we have never "resided / lived" anywhere for that period of time as the tourist visa's don't allow it. Will I still need one from a country I have travelled in over a 6 month period but not consecutively?

We would move to live with his parents at there address and they would help us financially until he can get a job.

thanks again for your advice

 

[Sweden]

Hey Fayegenereux,

From what I can understand from other threads, it is always up to the border officer to give you a visitor visa. But if you come to the border with proof of ties to the UK, and make it clear that you will return if your PR is refused, then it should be fine. But there is never any guarantee about that... of course if you come after the sponsorship approval it's easier as you are closer to the PR itself, and also the first part is already done, so the border officer is more likely to let you in the country. For visa exempt countries, it seems to be rather easy.

About moving with his parents - make sure you get a letter from them stating that, and that they will support you financially, and offer you a place to stay, as it will help gaining sponsorship approval as he needs to prove that he is effectively going back to Canada.

About the criminal records - I am not sure, maybe a more senior member will answer your question as I am not completely sure, so I would rather not give you an answer.

Good luck!
Sweden

 

[canadianwoman]

If each stay in Thailand was for less than 6 months, you may get away with not submitting a police check from there. My husband went in and out of one country for five years, never staying more than two months at a time, but reentering sometimes after just a couple of days away. He did not submit a police clearance for this country, and the VO never asked for one.
However, I believe the VO could ask for one in such a situation, if they have any suspicions.