Help - sponsoring my husband (both living in Canada - him on UK work permit

[miriam123]

Hi,
My husband & I just moved back to Canada from the UK. We have been together since 2009, lived together since 2011 & got married earlier this year. He was fortunate enough to get an intracompany transfer (3 year duration) and we moved over to Vancouver at the start of Sept 2013. We are starting the permanent residency application for me to sponsor him as a spouse (I am Canadian born). I did the sponsorship for my ex about 8 years ago (we've been divorced since 2010) but we never actually moved back to Canada so his perm residency was never initiated. My circumstances are slightly different this time so would be glad if anyone out there could assist with the questions below -

1) I've been self employed since the end of 2009. My business was registered in the UK and I have just started the registration process here in BC, Canada. The sponsor form asks for me to provide a T4 from the previous tax year (which is obviously Tax year 2012). I don't have this as I was paying tax in the UK. It states that I can provide a letter explaining this. Is all that I need to do is to explain that my residency was in the UK up until Sept 2013 - noting that I was self employing paying tax there (I am happy to note income but just want to know what they expect)? Please advise.

2) It also asks for the sponsor (me) to provide a letter from their employer stating their income, details on job title, etc. Since I am self employed I obviously can't do this. I do have clients who would extend a letter and state the monthly retainer they pay me. I also could write a letter noting my annual income from the previous year (or even monthly) if that helps? Any help on this would be appreciated.

3) It states that most of the documents we need to send in our initial application (we will be submitting an in-country application vs the one that I did with my ex) only need to be photocopies and they DON'T need to be certified. From memory, when I did this before with my ex they needed to be certified. I assume straight photocopies is OK and that this requirement has just changed.

Again I appreciate your help, Miriam

 

[zardoz]

OK, let's see if I can help.

1) & 2) In your case, do you have a P60 for the previous tax year? I'm not sure if self-employed persons get one of these. If not, you might be able to offer your end of year tax records instead from your business. Either way, the UK HMRC should have something that you can use to show your income. (My sponsor showed a P60).

3) No, they don't need to be certified etc but there is nothing to stop you getting copies of critical documents certified if you wish. We did this at our solicitors for formal government issued / legal documents that supported our relationship and identity. It's your choice. We didn't want any possibility of a visa officer questioning the authenticity... (Yes, we were paranoid, but it worked).

 

[Rob_TO]

He was fortunate enough to get an intracompany transfer (3 year duration) and we moved over to Vancouver at the start of Sept 2013.

we will be submitting an in-country application

If your husband is able to stay and work here legally for the next 3 years, then there is pretty much no reason whatsoever that you should do an "inland" application. There is no need for an open work permit or implied status, and if you apply inland he is supposed to stay in Canada during the entire processing time (up to almost 2 years) without even leaving for vacation.

In your case you should do an "outland" application that will be processed in the London visa office. You are encouraged by CIC to do outland apps where possible even if you currently live in Canada. The processing time should be MUCH quicker than inland, and your husband can come and go from Canada as often as he wants.

The only downside to outland is in case of an interview, it would be in London. Although the chance for needing an interview is incredibly low, and most likely you won't require one.

3) It states that most of the documents we need to send in our initial application (we will be submitting an in-country application vs the one that I did with my ex) only need to be photocopies and they DON'T need to be certified. From memory, when I did this before with my ex they needed to be certified. I assume straight photocopies is OK and that this requirement has just changed.

If the docs are already in English, then there is no need to get any photocopies certified. Just regular photocopies are fine.

You only need to include a certified copy, if the guide specifically requests it.

 

[miriam123]

quote author=Rob_TO link=topic=173295.msg2718499#msg2718499 date=1384793234]
If your husband is able to stay and work here legally for the next 3 years, then there is pretty much no reason whatsoever that you should do an "inland" application. There is no need for an open work permit or implied status, and if you apply inland he is supposed to stay in Canada during the entire processing time (up to almost 2 years) without even leaving for vacation.

In your case you should do an "outland" application that will be processed in the London visa office. You are encouraged by CIC to do outland apps where possible even if you currently live in Canada. The processing time should be MUCH quicker than inland, and your husband can come and go from Canada as often as he wants.

The only downside to outland is in case of an interview, it would be in London. Although the chance for needing an interview is incredibly low, and most likely you won't require one.

If the docs are already in English, then there is no need to get any photocopies certified. Just regular photocopies are fine.

You only need to include a certified copy, if the guide specifically requests it.
[/quote]

Thanks for your quick reply. We want to settle in Canada. I wouldn't want to get to the 2nd year and then him have to go back to the UK to live for a year. We are married and are about to start a family together. When you say he can do an outland application and still come & go from Canada, doesn't that mean that he would have to be resident in the UK? Like I said our goal here is to settle so that is why we are starting this process now vs 2 years from now. I thought that it was pretty common for people to transfer from a work permit to other classes such as family class. I also didn't think there were any restrictions for inland applicants to leave the country as long as they still were on a valid work permit like my husband would be?
Any words of advice would assist.

 

[Rob_TO]

Thanks for your quick reply. We want to settle in Canada. I wouldn't want to get to the 2nd year and then him have to go back to the UK to live for a year.

Why would he have to go back to the UK? You stated his company will let him work in Canada for 3 years (I assume under an LMO closed work permit), plus he is visa-exempt to Canada, so there is no reason he would be forced to return to the UK.

When you say he can do an outland application and still come & go from Canada, doesn't that mean that he would have to be resident in the UK?

No. He can apply outland for PR, while a resident in Canada as visitor, worker or student. There is no need to even put a UK address on the application. All communication would go to your address in Canada.

As i said, CIC even encourages people to apply outland while living in Canada. It's stated right in the inland guide.

I thought that it was pretty common for people to transfer from a work permit to other classes such as family class.

Yes you can transfer work permit to a PR... and you can do it outland or inland. Its much quicker outland.

I also didn't think there were any restrictions for inland applicants to leave the country as long as they still were on a valid work permit like my husband would be?

There would probably not be any issues. However whenever an inland applicant leaves Canada, if for any reason whatsoever they have problems at the border returning to Canada and for whatever reason are denied entry... the whole application is cancelled. Not saying it will happen... but it is a risk you have to be aware of.

In the end... inland app will take you almost 2 years to finish... while a straightforward app through London office can be finished in less than 1 year and your husband can continue to work in Canada during the entire time. The choice seems pretty easy to me.

 

[miriam123]

Why would he have to go back to the UK? You stated his company will let him work in Canada for 3 years (I assume under an LMO closed work permit), plus he is visa-exempt to Canada, so there is no reason he would be forced to return to the UK.

No. He can apply outland for PR, while a resident in Canada as visitor, worker or student. There is no need to even put a UK address on the application. All communication would go to your address in Canada.

As i said, CIC even encourages people to apply outland while living in Canada. It's stated right in the inland guide.

Yes you can transfer work permit to a PR... and you can do it outland or inland. Its much quicker outland.

There would probably not be any issues. However whenever an inland applicant leaves Canada, if for any reason whatsoever they have problems at the border returning to Canada and for whatever reason are denied entry... the whole application is cancelled. Not saying it will happen... but it is a risk you have to be aware of.

In the end... inland app will take you almost 2 years to finish... while a straightforward app through London office can be finished in less than 1 year and your husband can continue to work in Canada during the entire time. The choice seems pretty easy to me.

OK - thanks for this. I never realised any of this as I thought if we were both living in Canada, we had to apply inland. Will he be able to do the medicals etc in Canada or will he have to do them in the UK? When his PR is approved, would he still have to send his passport to London to get the visa in? Sorry - I'm just a bit confused about how the process would work without him being in the UK.

Also if we apply outland, can you help me with my original questions regarding me as a sponsor? What would be acceptable as proof of income considering my (as the sponsor) income for the past couple of years has been in the UK where I have paid taxes? Also would I need to provide a letter from my clients / myself stating that I'm self employed and noting my estimated annual income. I was confused about this too as I read on a few forum posts that a spousal application for PR didn't require any minimum income from the sponsor.

Anyway thanks again

 

[zardoz]

Medical examination inside Canada is fine. He is visa-exempt so London will not need his passport.

 

[miriam123]

Medical examination inside Canada is fine. He is visa-exempt so London will not need his passport.

Even for a PR? This must have changed as my ex had to get something in his passport back in 2008. Or do they do this at the point of entry?

 

[zardoz]

Yep. I have just landed as a PR and being a British citizen, London never saw my original passport. Just as well really...

 

[Rob_TO]

OK - thanks for this. I never realised any of this as I thought if we were both living in Canada, we had to apply inland. Will he be able to do the medicals etc in Canada or will he have to do them in the UK? When his PR is approved, would he still have to send his passport to London to get the visa in? Sorry - I'm just a bit confused about how the process would work without him being in the UK.

Also if we apply outland, can you help me with my original questions regarding me as a sponsor? What would be acceptable as proof of income considering my (as the sponsor) income for the past couple of years has been in the UK where I have paid taxes? Also would I need to provide a letter from my clients / myself stating that I'm self employed and noting my estimated annual income. I was confused about this too as I read on a few forum posts that a spousal application for PR didn't require any minimum income from the sponsor.

As Zardoz said... you can do medical in Canada (you can do anywhere in the world as long as its from the approved list of CIC panel physicians) and there is no need to send your passport. After PR is approved, the visa office would mail you the Confirmation of Permanent Residence to your address in Canada, then you just have to go to the nearest Canada/USA border to do your landing.

For income, there is no minimum income requirement for spousal PRs. You just have to show the VO you aren't currently on social assistance (welfare), and that you will make enough to support yourselves. So including tax returns from the UK, and showing a plan to work in Canada and at what expected income, are all good proofs.

 

[miriam123]

As Zardoz said... you can do medical in Canada (you can do anywhere in the world as long as its from the approved list of CIC panel physicians) and there is no need to send your passport. After PR is approved, the visa office would mail you the Confirmation of Permanent Residence to your address in Canada, then you just have to go to the nearest Canada/USA border to do your landing.

For income, there is no minimum income requirement for spousal PRs. You just have to show the VO you aren't currently on social assistance (welfare), and that you will make enough to support yourselves. So including tax returns from the UK, and showing a plan to work in Canada and at what expected income, are all good proofs.

Thanks so much for all of this - this is a massive help for us