HELP! Married in Japan, starting PR app now, but leaving for Canada soon!

[dopel]

This forum is a breath of fresh air. Ive searched around, tried local Canadian embassey office in Tokyo, with little to no answers, or conflicting ones. Im happy I found this forum. Everyones great here. Im hoping someone can take some time to ease my discomfort and confusion.

my situation and my worries:

Just got married in Japan to my Japanese wife. We plan to move to Canada, with me moving first to save some cash up before she arrives. However Im moving in 2 weeks, to start my new job back home, and we havent applied for the Permanent Residence Visa for her yet.

So we went over it this weekend, and more questions and concerns came to my head. Firsty, while im applying for the spousal approval from Japan, I have to write all my living and work information while in Japan. No problem, but im done work here in 2 weeks ,and start a new job and have a new address afterwards. By the time the Application gets anywhere theres a major change in what I wrote. Will this end the application? Will they send it back? Or is it wiser to just start it when i get back to Canada. Ive read that its better to start the application outside of Canada. Does that mean with only her being outside? Or both of us?

Secondly, after reading conflicting stories, I dont know what to believe anymore. If we send the PR application and its in process, can she come to stay with me lets say a few months after? With me being back home in November, we want her to come sometime in December. During this time, she can come without a Visa i believe since shes from a visa-exempt country. Or does she need a visa? Can u apply for a visitors visa while your PR application is in process?

Im worried that she be stopped at the airport because they see she is married to a canadian citizen, and possibly deny her entry believing she is coming to stay for good?? So would that mean she cannot come at all unless her PR app has been approved?

Thridly, if we do send her application Outland while shes still in Japan, and i return to Canada. Does it hurt us in the long run or does it not even matter if she left to come visit in Canada while the PR app was in process. Of course we dont want to be apart for any major length of time.

Lastly, while shes here waiting, she wants to go to a school. Some sort of a private institution. If all is cool with everything above, while her PR application is in process, is it possible that she will be allowed to enter with a student visa so she can come to this school in Vancouver while waiting for her PR? Or does waiting for your PR, also stop you from, attending schools aswell as being allowed to work?

I truely thank anyone who can give a response to the best of their knowledge Asap. Theres alot of changes happening right now that im just super stressed, and this should be a time for a new beginning not a painful one.

Thanks

Dennis

 

[truesmile]

Firsty - welcome to the forum.

You might consider sending it from here. The 'outside' thing you're referring to is applying as "outland" meaning your wife is NOT in Canada. If you send it in from here you may very well have better tracking measures (will save you a lot of wonder and worry). Now, if she's comes WITH you to Canada, then consider applying as 'inland' (which takes longer) but she could apply for Open Work Permit after Sponsorship Approval OR Stage 1 (this might affect being allowed to study but I'm not UP on the 'student' aspect of things). She can also come with you and you STILL apply as OUTLAND simply by having her maintain a mailing address in Japan - this is a completely LEGITIMATE option.

Japan is visa-exempt. As the previous poster suggests she should have no difficulty at the airport.

It shouldn't hurt you but you must evaluate the PROOF of genuine relationship you are submitting. Did you have a big ceremony with LOTS of photos? Were members of both families in attendance? Etc. etc. If you feel your proof is a little on the light side, then it would be better if she was with you i.e. both your names on rental lease or property title, on bank accounts, and on utility bills, etc. etc.

One more thing, you mentioned 'private institution' . . . that would lead me to believe that would not be a problem, BUT again, I'm not well-versed on that aspect.

Sayonara

 

[canadianwoman]

So we went over it this weekend, and more questions and concerns came to my head. Firsty, while im applying for the spousal approval from Japan, I have to write all my living and work information while in Japan. No problem, but im done work here in 2 weeks ,and start a new job and have a new address afterwards. By the time the Application gets anywhere theres a major change in what I wrote. Will this end the application? Will they send it back? Or is it wiser to just start it when i get back to Canada. Ive read that its better to start the application outside of Canada. Does that mean with only her being outside? Or both of us?

An outland application just means the application will be processed outside of Canada. The sponsor (if a Canadian citizen) can be anywhere in the world; the applicant can be abroad or visiting in Canada. An inland application is processed in Canada. Both the sponsor and the applicant have to be in Canada.
I'd suggest you sponsor outland, since it is usually faster. In your case, I would wait the 2 weeks and then send the application in once you are back in Canada; you can start filling in the forms now, but with the info that will be appropriate once you are back in Canada. this is because if you are living outside of Canada when you sponsor, you have to submit proof you will return to Canada. You can avoid this by sending the application in once you have already returned to Canada.

If we send the PR application and its in process, can she come to stay with me lets say a few months after? With me being back home in November, we want her to come sometime in December. During this time, she can come without a Visa i believe since shes from a visa-exempt country. Or does she need a visa? Can u apply for a visitors visa while your PR application is in process?

She does not need a visa. She can come visit you while the application is being processed. She will be a visitor; she should not say she is moving to Canada, but just visiting for now. They will probably give her a 6-month stay, which she can later apply to extend.

Im worried that she be stopped at the airport because they see she is married to a canadian citizen, and possibly deny her entry believing she is coming to stay for good?? So would that mean she cannot come at all unless her PR app has been approved?

If she comes soon, the application won't be in the system yet. She can then come in as a visitor, and will get no more questions than any other visitor from Japan. She should still bring with her proof her stay is temporary: a return ticket, proof of ties to Japan, such as a job with a letter from her boss giving her time off, proof of a lease, etc. If she visits later, after the sponsor has been approved, she should bring proof she has applied for a PR visa, such as a copy of the fee receipt or the sponsorship approval letter. The border agents usually let people in under these circumstances. Actually, she should have a copy of the fee receipt even if she comes in before the sponsor is approved, but only show it if asked.

Thridly, if we do send her application Outland while shes still in Japan, and i return to Canada. Does it hurt us in the long run or does it not even matter if she left to come visit in Canada while the PR app was in process. Of course we dont want to be apart for any major length of time.

Her leaving Japan will not hurt the application. Proof that you two are living together or that she is visiting you is good proof that the relationship is genuine, so keep all proof of her visit. If there is an interview, she can show it to the visa officer.

Lastly, while shes here waiting, she wants to go to a school. Some sort of a private institution. If all is cool with everything above, while her PR application is in process, is it possible that she will be allowed to enter with a student visa so she can come to this school in Vancouver while waiting for her PR? Or does waiting for your PR, also stop you from, attending schools aswell as being allowed to work?

It might be harder for her to get a student visa than to just enter without a visa as a visitor.

 

[Sweden]

Hey Dennis,

to reassure you a bit - it's quite common for people that are from visa-exempt country to come and wait out the PR application in Canada.
I did that a week ago ( i'm the applicant) and it was no problem. Of course, it's always up to the border officer to let your wife in, but I would be surprised if you had any trouble with that.

In my case, when asked how long I was going to stay, I said 6 months and explained that I have applied for PR and being sponsored by my partner. I did not have a return ticket, and instead had printed out an extract of my bank account to show that I had the funds to buy a ticket if needed. I also printed the sponsorship letter - but I was not asked for any document. The border officer listened, asked what was my occupation, and stamped my passport for 6 months without any further questions. The key is to say that she is coming to visit you (even for 6 months), and she should avoid saying that she is coming to "live in Canada" or "reside in Canada". Other than that, it should be ok.

Your wife being Japanese, I think she will get the same treatment - no guaranty of course, but you can hope for that... so she can definitely come for a visit while the application is in process, it's one of the privileges of applying outland - she can come and go as much as she wants/needs. normally most people get 6 months, and it can be extended for another 6 months, which should give enough time to have the PR processed ( depending on how long it takes for Tokyo to process her application).

the "only" problem of being a visitor is that she won't be able to work. I don't know about attending private schools, I think only the school itself can tell you if they would accept her on a tourist visa or not. She won't be covered by healthcare probably, although that might be feasible still... I'm in the process of trying to get covered for healthcare in BC under my partner, so if I manage something, and you're interested in knowing about BC, I can give you information as soon as I have it myself....

Good luck with putting together your application, and don't hesitate to ask if you have more questions - the process is quite stressful, but there are plenty of helpful people around here.

Cheers,
Sweden

 

[dopel]

Thanks truesmile, canadianwoman and Sweden! I really appreciate your help.
I thought planning for the actually wedding ceremony was gonna be the end of my stress. Truth is im a last minute person. An in this moth, ive had to have the wedding ceremony, clean out and move out of my apartment, give my one months notice at work( which in Japan means youll get extra work squeezed out of you before you leave), do the visa process and I still got my wifes birthday to figure out before this weekend. I should of started earlier atleast interms of research and paperwork. But glad I found the forum.

Proof of a genuine relationship is actually no problem. Tons of photos from 2 years back. And our ceremony was a nice one. We had to shell out over 20 grand for it. Which i wasnt too happy about...Tons of pictures,videos, dont think anyone would wanna spend that much to fake a marriage.

So ill take that advice and relax. Get back home, write my current status and details in canada, and send the application to Ontario as an Outland application right? This then gets sent to the Phillipines. Lots of options here ill talk to her about. If I got anymore questions, Ill post them up here!

thanks again

Dennis

 

[truesmile]

Outland "yes" if she doesn't come with you. Inland if she comes with you and waits out the duration of the application without leaving Canada. Not sure where it's sent, perhaps you know that jt's Philippines already.

 

[dopel]

Truesmile-
Ah. I was still confused about inland and outland. Cuz some people say its about where its sent, but I take it that all applications start from Ontario first?

Outland would only take place if she is still residing in Japan? But since everyone who is applying for a PR application technically still reside in their home country even if they are on a tourist visa in their sponsors home, then wouldnt all applications be considered Outland?

Dennis

 

[AnaMaria]

Outland: the applicant can be anywhere in the world (you have to pick the visa office where you are legal resident or country of birth, actually in your case it is Manila as Tokyo office has been closed), the applicant can travel to Canada or leave Canada (subject to TRV and CBSA), you have the right to appeal, the application to be sent to Mississauga (then transferred to VO once the sponsorship is approved), and the process time is usually shorter than inland process.

Inland: the applicant and the sponsor must be in Canada and not allowed to leave Canada, there is no right to appeal. Application is to be sent to Vegreville.

Outland process would be quicker and less restrictive for your case. Either case, if she comes to BC, she will not have health benefit until she has landed (to be more precise, 3 months after the landing) or the first stage has been approved if the inland is taken (I think).

She can enroll in schools, if the program is less than 6 months, without study permit, e.g. English school and some certificate or diplomat courses as long as it is less than 6 months.

 

[canadianwoman]

Ah. I was still confused about inland and outland. Cuz some people say its about where its sent, but I take it that all applications start from Ontario first?

All outland applications are sent to Mississauga, Ontario, first. They then check the application, approve the sponsor, and sent everything to the visa office that will process the application. Manila is now doing Japan's applicants.
Inland applications are sent to Vegreville, Alberta.

Outland would only take place if she is still residing in Japan? But since everyone who is applying for a PR application technically still reside in their home country even if they are on a tourist visa in their sponsors home, then wouldnt all applications be considered Outland?

Outland and inland depend on the application. Inland: the sponsor and the applicant have to be in Canada; it usually takes longer; there is no right to appeal. Outland: the sponsor who is a Canadian citizen can be anywhere; the sponsor who is a PR must stay in Canada; the applicant is presumed to be outside of Canada, but actually may come to Canada as a visitor - either to actually visit for a few weeks, or to stay with the sponsor for the length of processing time: the applicant is usually able to stay 6 months initially, and can then apply to extend the visit.
So your wife can apply outland, and at the same time visit you in Canada, potentially staying for the whole time it takes to process the application.

 

[dopel]

ahh ok. Thanks AnaMaria and Canadianwoman. That just about clears up that issue in my mind. Nothing to it, but to do it now!

cheers