In-land Spouse Sponsorship

[PhilCox12]

Hey all,

Just wondering if you can help with some questions as I am a little confused with these visa processes. I'll give some context my situation and put question at the bottom.

I am a British citizen (23 male), currently living with my wife (21 female) and two children (2yrs, 4 months) in England. My wife is Canadian and has recently (September) completed her three year studies in England and we now have a spouse visa application in for her. We are 50/50 (there has been some issues about the financial requirement for UK sponsorship) that it will be accepted but are kind of regretting our decision anyway and thinking that our lives would be better in Toronto, Canada.

As I understand, our two children are automatically Canadian citizens (even though born in UK) as there Mother (my Wife) was born in Canada - so we should not have to do anything for them. Preferably we would like to apply inland, as if our application for sponsorship in Britain gets declined it will only allow 30 days until she must leave the country - and we don't really want to have to split the children up or spend a year apart.

My questions are:

1. How can I apply for an in-land spouse visa, when you need to prove on the temporary visitor visa that you will leave the country after the stay? If I tell border control that I am using the visitor visa as a way to enter the country and then my Wife will sponsor me for PR, will they just refuse my entry?

2. I currently am self-employed and work online helping university students complete there essays/assignments (earn around £2000-£3000 a month). This can be done anywhere and I would aim to continue doing this in Canada until I can find myself a graduate job. Is this legally allowed, and should It be something I mention to border control as a means for funding ourselves? Although we will be leaving with my partners parents and have about $13000CA in savings.

3. My understanding on the inland visa is that you can't leave the country during processing times. I am currently studying a Masters degree and would like to complete this, but they will have exams in April/May time. I assuming I wouldn't be able to go back to England to complete these exams. Is there any way around this, such as getting a visitor visa in Feb but not applying for spouse visa until after my exams, so I can go to England and return to Canada?

4. My wifes parents also run their own business and she will be able to work there occasionally, but will she also be able to receive benefits (family/childcare) whilst sponsoring a visa?

I think thats everything, hopefully I am not too confusing, and any help is greatly appreciated!

Thanks a lot,

Phil

 

[canuck_in_uk]

As I understand, our two children are automatically Canadian citizens (even though born in UK) as there Mother (my Wife) was born in Canada - so we should not have to do anything for them.


1. How can I apply for an in-land spouse visa, when you need to prove on the temporary visitor visa that you will leave the country after the stay? If I tell border control that I am using the visitor visa as a way to enter the country and then my Wife will sponsor me for PR, will they just refuse my entry?

2. I currently am self-employed and work online helping university students complete there essays/assignments (earn around £2000-£3000 a month). This can be done anywhere and I would aim to continue doing this in Canada until I can find myself a graduate job. Is this legally allowed, and should It be something I mention to border control as a means for funding ourselves? Although we will be leaving with my partners parents and have about $13000CA in savings.

3. My understanding on the inland visa is that you can't leave the country during processing times. I am currently studying a Masters degree and would like to complete this, but they will have exams in April/May time. I assuming I wouldn't be able to go back to England to complete these exams. Is there any way around this, such as getting a visitor visa in Feb but not applying for spouse visa until after my exams, so I can go to England and return to Canada?

4. My wifes parents also run their own business and she will be able to work there occasionally, but will she also be able to receive benefits (family/childcare) whilst sponsoring a visa?

Hi

Incorrect. You need to apply for Certificates of Citizenship for your children. Do this ASAP.

1. You are visa-exempt and don't qualify for a visitor visa. You can tell CBSA that you are visiting with your family while applying for PR.

2. As long as none Of your customers are Canadian and you are not paid in Canada, you can work online. No need to mention it to CBSA.

3. Or you just apply outland. The only benefit to applying inland is the work permit. As you work online, you don't need it.

4. Sponsoring you will have zero effect on whether she qualifies for such benefits. She can't go on welfare.

 

[PhilCox12]

Hi

Incorrect. You need to apply for Certificates of Citizenship for your children. Do this ASAP.

1. You are visa-exempt and don't qualify for a visitor visa. You can tell CBSA that you are visiting with your family while applying for PR.

2. As long as none Of your customers are Canadian and you are not paid in Canada, you can work online. No need to mention it to CBSA.

3. Or you just apply outland. The only benefit to applying inland is the work permit. As you work online, you don't need it.

4. Sponsoring you will have zero effect on whether she qualifies for such benefits. She can't go on welfare.

Hi Canuck!

Firstly, thanks for such a fast reply!
/
With regards to my children, I thought that they are automatically Canadian citizens and that they only needed them certificates if we had to prove it too someone? With seeing birth certificates and my Wifes canadian passport though it would be pretty straight forward that they are canadian citizens? Would not having these certificates have bearing on there entry into the country?

1. Could you expand some more on this? Would I just need to get an eTA visa then and tell them on entry that I intend to apply for PR from within the country.

2. All work is based with companies in the UK so that is great. What do you mean paid in Canada, would I have to get my clients to pay me to an English bank account and then transfer to Canada, or could they pay directly into a Canadian bank account?

3. Yeah, but if my Wifes visa gets rejected then she will only have 30 days to return to Canada. Would it work if we started the application outland and then went to Canada after I had taken my exam and just stayed in Canada for then on?

4. Thats awesome, didn't really know what 'welfare' counted as.

Thanks a lot!!

Phil

 

[canuck_in_uk]

With regards to my children, I thought that they are automatically Canadian citizens and that they only needed them certificates if we had to prove it too someone? With seeing birth certificates and my Wifes canadian passport though it would be pretty straight forward that they are canadian citizens? Would not having these certificates have bearing on there entry into the country?

1. Could you expand some more on this? Would I just need to get an eTA visa then and tell them on entry that I intend to apply for PR from within the country.

2. All work is based with companies in the UK so that is great. What do you mean paid in Canada, would I have to get my clients to pay me to an English bank account and then transfer to Canada, or could they pay directly into a Canadian bank account?

3. Yeah, but if my Wifes visa gets rejected then she will only have 30 days to return to Canada. Would it work if we started the application outland and then went to Canada after I had taken my exam and just stayed in Canada for then on?

Yes, your children are automatically Canadian and yes, you are going to need to prove this. Most importantly, they require Canadian passports to travel to Canada. They cannot get eTAs to travel on their British passports. No Canadian passports, no boarding the plane. You will also need proof of citizenship in Canada for them to qualify for things like provincial healthcare; your wife's passport and their birth certificates do NOT qualify as proof of citizenship.

1. Yes, you just need an eTA. Ideally, you should at least pay the PR fees prior to entry to be able to show you are serious about applying. You can simply explain you are visiting with your Canadian family while applying for PR.

2. All renumeration must be outside of Canada. Clients cannot pay directly to a Canadian bank account.

3. Outland really is the most ideal situation for you. It is perfectly fine to apply outland from the UK and come to Canada while the app processes.

 

[PhilCox12]

Yes, your children are automatically Canadian and yes, you are going to need to prove this. Most importantly, they require Canadian passports to travel to Canada. They cannot get eTAs to travel on their British passports. No Canadian passports, no boarding the plane. You will also need proof of citizenship in Canada for them to qualify for things like provincial healthcare; your wife's passport and their birth certificates do NOT qualify as proof of citizenship.

1. Yes, you just need an eTA. Ideally, you should at least pay the PR fees prior to entry to be able to show you are serious about applying. You can simply explain you are visiting with your Canadian family while applying for PR.

2. All renumeration must be outside of Canada. Clients cannot pay directly to a Canadian bank account.

3. Outland really is the most ideal situation for you. It is perfectly fine to apply outland from the UK and come to Canada while the app processes.

Thanks a lot for clearing all this up, really useful!

Just been researching about the children and I can see that they will need the Canadian passport as they are dual citizens. By looking at it I think they will fall under the urgent processing category so hopefully we can get that sorted fairly simply as all our documentation is still with the British visa office.

My only final question is, if we apply outland and travel to Canada, will I be able to stay until the application is complete, or would I still have to leave after the six months? Also, do we just notify the visa office about our new address if we were to do this?

Thanks a lot!

Phil

 

[canuck_in_uk]

My only final question is, if we apply outland and travel to Canada, will I be able to stay until the application is complete, or would I still have to leave after the six months? Also, do we just notify the visa office about our new address if we were to do this?

You can easily apply to extend your stay as a visitor while the PR app processes. You can send a CSE to update your address.

 

[Britcan]

I have a question related to Number 2 - working online.
Future son-in-law founded a Canadian company with my daughter selling clothing online. Purchasers are primarily from USA/Australia, but a few Canadian.

I assumed he couldn't work at all, and my daughter does the shipping etc. anyway. He updates the Facebook page and is designing new items, contacting suppliers overseas. They don't draw any salary from the company yet. All cash goes into a PayPal account or Canadian bank (US funds account) and then goes into covering expenses.

So, what do we put with regard to his employment status now he is staying in Canada applying for PR? Unemployed since his arrival here? Or Self-Employed still?

This is relevant to the forms:
IMM 5669 Schedule A Question 6. Personal History.
IMM 0008 Generic Application form. Occupation detail - current occupation.
5710 Open Work Permit application. Employment history.

 

[canuck_in_uk]

I have a question related to Number 2 - working online.
Future son-in-law founded a Canadian company with my daughter selling clothing online. Purchasers are primarily from USA/Australia, but a few Canadian.

I assumed he couldn't work at all, and my daughter does the shipping etc. anyway. He updates the Facebook page and is designing new items, contacting suppliers overseas. They don't draw any salary from the company yet. All cash goes into a PayPal account or Canadian bank (US funds account) and then goes into covering expenses.

So, what do we put with regard to his employment status now he is staying in Canada applying for PR? Unemployed since his arrival here? Or Self-Employed still?

He is working illegally. It doesn't matter if he isn't drawing a salary.

 

[Britcan]

He is working illegally. It doesn't matter if he isn't drawing a salary.

So the issue is that it's a Canadian company, compared to Phil's UK online business, which he can pursue while "visiting" in Canada.
Thank you for the clarification.
In that case, all activity will cease immediately, and "unemployed" will be checked.

 

[CDNPR2014]

So the issue is that it's a Canadian company, compared to Phil's UK online business, which he can pursue while "visiting" in Canada.
Thank you for the clarification.

correct. a visitor can work remotely for a company that is based outside of canada and does not service canadian customers while in canada. a visitor can NOT work for a canadian company while in canada, whether working remotely or not.