Moving to Canada - Spouse Visa!

[acj1981]

Hi All

I am new here, having only posted once before in the skilled worker forum.

I believe my wife and I have an action plan and I wondered if it is viable.

We have been married for four years and together for almost 10. We have a son who is coming up to 13 months. My wife is a Canadian citizen by birth and a British citizen through me as I am British. My son has British but we can apply for his Canadian citizenship and get a temporary waver if we go to Canada before he gets it.

We are hoping to move to Canada (Mississauga, Ontario) in June and apply for my spouse visa once we are in Canada. Between now and then I am going to get the Visa application sorted out and ready to send once we arrived.

My wife has been on Maternity leave so she has not earned a great deal, I am the main bread winner. However when we arrive in Canada she will go to work and I will look after our son. We will live with my in-laws until I start working and we either rent or buy a place.

A little about me:

I am 31 years old. I work in IT as an IT Manager and have about 8 years experience in the field. I have a BA degree History and an Masters Degree in Computer Science. I should be able to earn a solid income in my field in Canada. In 2008 I applied for a skilled work visa for Canada, but It has been terminated as I applied before the February cut off. We had hopped I would get it this year.

I have been advised on a number of things, and researched others and I wondered if anyone here could help answer a few questions:

1. I have been told and investigated but I am asking anyway because it is my main fear: Am I allowed to enter Canada as a visitor and then apply? I do not want to get stopped at immigration - I can not imagine anything worse that being pulled away from my wife and Son. We want to do it this so that we can be close to my wife's family sooner rather than latter, Maria can start working properly again and to prove that we really (really really!) want to make our lives in Canada.

2. As my wife has not been earning a salary for that past year we wondered if we could get her sister and brother law to co-sign. From what I have read they wont turn down a spouse visa due to income but would a co-signer help in any way. Is it even possible?

3. A visitor permit last 6 months - after this is it easy to get a work permit? I would like to work as soon as possible.

4. We will be living with my in laws and have proof of our relationship, marriage and testimonials from friends and family. I will also get my police and medical check which will come back OK (I hope I am as fit as I feel!). We will provide other documents as required. I know that no one can guarantee a visa will be granted but what is the likelihood or it being accepted? I don't believe anyone would doubt us as a couple, more worried about finances etc. And what can I do to boost my chances?

Feel free to ask any questions.

I am most worried about being turned away and getting work after 6 months.

Thanks for your time

Andy

 

[Gary_87]

This all sounds plausable.

The problem with entering as a visitor is that you are only meant to visit.

However, if you pay for the fees beforehand, are able to prove that you have enough funds and just say that you want to wait out he pr process in canada they should let you in so long as you avoid things like saying you are moving here!

So prepare the application now, pay the fees, and then travel to canada. Tell them you have paid the fees and are sending the application off the moment you step across the border and you should be ok.

Just make sure that in your application that it shows substancial proof that your wife intends to live in canada.

This is my 2 cents. Please check with others first though.
I'm just repeating things I've read myself!

 

[fandv]

Hi All

I am new here, having only posted once before in the skilled worker forum.

I believe my wife and I have an action plan and I wondered if it is viable.

We have been married for four years and together for almost 10. We have a son who is coming up to 13 months. My wife is a Canadian citizen by birth and a British citizen through me as I am British. My son has British but we can apply for his Canadian citizenship and get a temporary waver if we go to Canada before he gets it.

We are hoping to move to Canada (Mississauga, Ontario) in June and apply for my spouse visa once we are in Canada. Between now and then I am going to get the Visa application sorted out and ready to send once we arrived.

My wife has been on Maternity leave so she has not earned a great deal, I am the main bread winner. However when we arrive in Canada she will go to work and I will look after our son. We will live with my in-laws until I start working and we either rent or buy a place.

A little about me:

I am 31 years old. I work in IT as an IT Manager and have about 8 years experience in the field. I have a BA degree History and an Masters Degree in Computer Science. I should be able to earn a solid income in my field in Canada. In 2008 I applied for a skilled work visa for Canada, but It has been terminated as I applied before the February cut off. We had hopped I would get it this year.

I have been advised on a number of things, and researched others and I wondered if anyone here could help answer a few questions:

1. I have been told and investigated but I am asking anyway because it is my main fear: Am I allowed to enter Canada as a visitor and then apply? I do not want to get stopped at immigration - I can not imagine anything worse that being pulled away from my wife and Son. We want to do it this so that we can be close to my wife's family sooner rather than latter, Maria can start working properly again and to prove that we really (really really!) want to make our lives in Canada.

2. As my wife has not been earning a salary for that past year we wondered if we could get her sister and brother law to co-sign. From what I have read they wont turn down a spouse visa due to income but would a co-signer help in any way. Is it even possible?

3. A visitor permit last 6 months - after this is it easy to get a work permit? I would like to work as soon as possible.

4. We will be living with my in laws and have proof of our relationship, marriage and testimonials from friends and family. I will also get my police and medical check which will come back OK (I hope I am as fit as I feel!). We will provide other documents as required. I know that no one can guarantee a visa will be granted but what is the likelihood or it being accepted? I don't believe anyone would doubt us as a couple, more worried about finances etc. And what can I do to boost my chances?

Feel free to ask any questions.

I am most worried about being turned away and getting work after 6 months.

Thanks for your time

Andy

Hi Andy,

Just making sure, when you said your wife is Canadian citizen by birth, did you mean that she was born in Canada, or that she was born outside of Canada to Canadian parents?

My thoughts about your questions:

1. Being from a visa exempt country, there's a good chance you will be allowed to enter Canada and then apply from within Canada; in which case you'll be applying inland then. Just make sure that upon arrival at the airport, don't tell the immigration officer that you're "moving" to Canada... because it's against the law for anyone without a PR to actually "live" in Canada.... just tell them you're visiting, which in fact you are, since you will be visiting as a visitor without a permanent resident visa... .

2. The use of co-signers: I'm afraid it's not possible. As per:

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

"If you are sponsoring your spouse or common-law partner, you cannot have a co-signer. "

And it's true there's no income requirement...just make sure your wife provides a detailed plan on how she will support you in the future, what kind of work she will be searching for, etc. It's also helpful to mention that you're a skilled IT professional, who will be able to find a job in your field, etc.
And definitely, absolutely, positively, you should get a letter from your in-laws, stating that they are willing to host you and your wife for however long you like, until you have a permanent Canadian job, and have your own house/place to rent...

3. Not too familiar with the Canadian working permit. But I believe there's what's called "open working permit", which you can obtain after the sponsor has passed the first stage (sponsor approval)...may be the more senior members can advise better . Try to post a new thread and ask about how the open working permit thing works...or just search this forum using the forum software's built-in search engine

4. Well you're British, and the Brits are not normally known for marriage frauds, so I think you'll do just fine (plus, you've known each other for 10 years, married for 4, and have a son together, so the marriage looks as solid as it gets. Nothing to worry about), and I'm sure your relationship is genuine. Just make sure to complete the forms as thoroughly as possible, and don't forget to sign and date them, and make sure to provide the requested supporting documents as well. And of course, do your best to present solid relationship proofs. You don't neessarily have to go "full power" like this lady did in order to get your application approved, but if you'd like, you can model what she did...prepare to be shocked by her enormous application ;D

http://www.canadavisa.com/canada-immigration-discussion-board/how-i-organized-our-applcation-and-a-summary-of-all-helpful-tips-i-have-learned-t92449.0.html

Just make sure that in your application that it shows substancial proof that your wife intends to live in canada.

It looks like Andy wants to apply inland once he and his wife have settled in Canada in June (right Andy?) in which case he doesn't have to provide such proofs....that's only for sponsors who live exclusively outside Canada during the process.

@Andy: if for any reasons you changed your mind and decided to apply outland while residing in the UK, then yes your wife would have to provide substantial proofs of her intention to resettle in Canada once you're granted PR...

 

[acj1981]

Hi

Thanks for the quick responses so far!

First of all my wife is Canadian, she was born there and has lived there for her whole life other than the years living in England with me.

It's a very odd system to apply from within Canada - they allow you to apply once you are in but your are not really allowed to go with the intent of staying. Is this correct?

I don't want to break a law or lie to immigration. Its all very odd, as if they allow you to do it as long as you don't admit it when your entering the country.

I regard to fees before we go etc... I don't understand how I could pay with out applying? We have a Visa company helping with an office in Canada - would our communication also be seen as proof. I also have a lawyer (Friend of a friend) who helped us with my original Skilled Work Visa application who I still chat to occasionally in regard to my original visa. Could he write a letter to say it is clear we have wanted to move to Canada for a long time?

The reason we want to apply from in Canada is that my wife want's to start working there and earning, and so we can show intent on living there. We don't want to spend time apart, it would be hard enough being away from my wife, but being away from Alexander (our son) would be unbearable - and he wont understand and I fear he would forget me at this young age. We are very close nit and although I work a five day week I am about as hands on as possible when I am home.

We have enough support and I would certainly be looking for work as soon as I legally could.

Being in Canada and not working will also give me time with Alexander I would not get here - and I would have time to really get to know to my family there - I have obviously visited many times and they have been here (My mother in law has spent nearly 12 weeks in England in the last year... sure it was to see Alexander and not us!) but living in Canada would obviously be different.

I just hope it all works out and I can start looking for work in a reasonable time.

Thanks

Andy

 

[truesmile]

It's all good 'acj'. The border guards just seem to get fussy on phrases like "I'm moving to Canada now", or "I'm coming to LIVE in Canada". Now for you, coming from a 'visa-exempt' country this all seems odd, but believe us, for those coming from non-visa exempt countries it's a different ball game. Such applicants generally cannot set foot in Canada until they get their PR, (or with some other visa granted on it's own merits).

 

[scylla]

I regard to fees before we go etc... I don't understand how I could pay with out applying?

You can easily pay the fee online before applying. Here's the link:

https://eservicesak.cic.gc.ca/epay/welcome.do

 

[amira_mais]

Keep in mind that you're legally allowed to apply using either the inland or outland process assuming you're let in at the border. Inland/outland refers to where the application is processed, not where you, the applicant, are residing. As you're a British national, it would generally be faster to apply outland.

Gary_87 gave you excellent advice to pay the fees and prepare the application before flying over, as that gives you good proof of your intentions and will support your request for entry at the border. As others mentioned, tell the border officer you intend to mail the application as soon as possible, you only wish to wait out the process with your wife, and you're fully aware you'll have to leave by the date required.

Even if you only get a 6 month window to visit to start with, you can apply to extend.

You can pay the fees online or through other means before filling out and mailing a single form – the two processes are completely separate.

If you apply outland, you can't start working until you get your PR visa. If you apply inland, you can start working after you get first stage approval in principle which takes I believe 4-6 months right now. However I still recommend outland because you could be done with both stage 1 and stage 2 in 7 months or so.

From your initial post, it looks like you shouldn't have any trouble getting your PR. Just provide good documentation, document your and your wife's history together, and most of all, make sure your application is complete (no missing forms, required supporting documents, police clearances, medical report, etc.). Good luck to you!

 

[Sweden]

I agree with the previous poster - have you considered applying outland? For visa-exempt, there is almost no reason to apply inland as it is a much longer process, and you could get your PR much faster if you apply outland.
You could send the application now already - as your wife is Canadian ( and not a PR), she is allowed to be in Canada when she sponsors you. If you send everything now, stage 1 is quoted at 55 days, but it goes much faster for lots of applicants it seems ( some around 20 to 25 days), then your file goes to london and there is can take anywhere from 4 to 9 months ( but with a straightforward case like yours, most likely 4 to 5 months). So you could then move to Canada with the first stage already done, and ask at the border to be let in as a tourist to wait out the rest of your PR - I did that without troubles. THen a few months down the line I got my PR.
It woudl save you some time.
About your wife not having an income - that's not a problem. As long as you can prove that you have a plan when you arrive, then it should be good. There is no minimum income for sponsoring your partner. My partner was approved despite being a student for the last 3 years.
Get a letter from your in-laws saying that they are willing to host you until your back on your feet. Explain what type of job your wife will look for once she is in Canada, and include also how your qualifications are relevant. I'm sure you have discussed a plan as a family on how to make it in Canada, so just explain that.
Good luck,
Sweden

 

[acj1981]

Hi again

I should have posted on this forum ages ago!

From the last two posts I get the impression I can apply from here, wait for stage one to complete and then head over to Canada while stage two is processed? All I would need to do is change my correspondents address?

My wife is still in England but we could get letters and book flights to show our intention to move? Would this work? We would leave England together.

We could still aim to move in June even if my stage two is not yet complete? And just wait there on my tourist visa?

What exactly are they looking for in terms of my wife sponsoring me if its not financial?

Thanks everyone for the replies so far.

Thanks

Andy

 

[Sweden]

Hi again

I should have posted on this forum ages ago!

From the last two posts I get the impression I can apply from here, wait for stage one to complete and then head over to Canada while stage two is processed? All I would need to do is change my correspondents address?

My wife is still in England but we could get letters and book flights to show our intention to move? Would this work? We would leave England together.

We could still aim to move in June even if my stage two is not yet complete? And just wait there on my tourist visa?

What exactly are they looking for in terms of my wife sponsoring me if its not financial?

Thanks everyone for the replies so far.

Thanks

Andy

you can indeed apply from here, and outland is a faster process for applicants going through London. You could even be in Canada already and just go the outland route because it's faster.
I did that - applied while outside of Canada, and moved while waiting for the PR.
You change your mailing address ( through the online system that you can access once you have the stage 1 completed), and then COPR ( confirmation of PR) is sent to your address in Canada. You don't need to submit your passport to the embassy, they'll send you the COPR and that's it. Then you go to the nearest border (US most likely), and "flagpole" - leave Canada, and re-enter to land as a PR ( a 10 min, stressfree procedure).
Letters and booked flights are very good, and get a letter from your inlaws that they know about your intention to move, and they are willing to host you.
For your wife: they want to see that as a family you won't be relying on welfare and you have a plan when you arrive. So - if you have accommodation sorted out (at inlaws, friends, family etc) for the first weeks/months, then get a proof of that. If you have savings, include an explanation. Your wife can explain that she was on mat leave, but going back to work in that field, and you can include correspondence with potential recruiters as a proof. If you're moving, you can get a quote from the moving company.

For importing your stuff : your wife can declare them as a returning canadian ( see CBSA website about that), or you can ship everything, and clear customs only once you have your PR. You can fly with your suitcase, no worries. At the border, explain that you have applied for PR, and have the proof with you ( letter of first stage approval for example). If you fly with a one way ticket ( lke I did), then have some proofs of funds with you, and tell them that you came to visit your wife, (it sounds strange, but that's the way to say it!) and wait out the PR process. Most likely, you will be given a 6 months stamp entry, and that can be extended later on.

Good luck!
Sweden

 

[OhCanadiana]

Hi Andy,

As I was reading your first post I asked myself why you weren't applying outland. London has been a very quick visa office so you may well complete the process before your planned move this Summer. And, if not, you can most likely visit Canada and help your wife settle in (or just delay your move a few weeks until you get your Confirmation of Permanent Residency and can land). Your wife could still work when you move to Canada while you remain a stay-at-home Dad but you would just accelerate the PR timeline.

I see Sweden and Amira_mais have chimed in with similar thoughts. To add to what they've said:

1. Regarding funding and intent to move: you don't have a minimum income or savings requirement (unlike skilled workers). CIC will be evaluating whether you are likely to be able to support yourselves without becoming a burden to the state. Plenty of stay at home moms have applied and been approved as sponsors. They just explain that their husbands (or significant others) are the wage earners and will continue to be once they move to Canada and provide the relevant proof re applicant's wages over the past year, etc.

2. The application is available at http://www.cic.gc.ca/english/information/applications/fc.asp. Now that the weekend is coming up, take some time to go through it. Honestly, you may be able to fill it out yourselves relatively quickly and avoid back and forth with a lawyer (unless there's something you haven't shared that makes your situation unusual*). I usually suggest folks to go through it end-to-end filling in what they know and keeping a list of specifics they may need to research. In parallel, collect a selection of pictures and letters, along with other proof you wish to share (joint utility bills and/or bank accounts), over the last 10 years - wedding photos are good and your son's journey also. Take a look at my post at http://www.canadavisa.com/canada-immigration-discussion-board/any-advice-from-people-who-have-done-this-journey-before-t112120.0.html for some idea on the categories CIC will look for. That post is for common-law partners who have to prove their affairs are intertwined to the extent of being 'marriage-like' so the general categories can help you think through the proof you want to provide.

Good luck!

~~~
* eg. why did you apply/were you looking to apply as a skilled worker? were you approved? was it before you were married?

 

[sbea026]

It's all good 'acj'. The border guards just seem to get fussy on phrases like "I'm moving to Canada now", or "I'm coming to LIVE in Canada". Now for you, coming from a 'visa-exempt' country this all seems odd, but believe us, for those coming from non-visa exempt countries it's a different ball game. Such applicants generally cannot set foot in Canada until they get their PR, (or with some other visa granted on it's own merits).

Acj at the border explain that you have Duel Intent that you want to both visit Canada and become a permanent resident.

5.4. Dual intent
An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay [A22(2), R183]. The person's desire to work, study or visit in Canada before or during the processing of an application for permanent residence may be legitimate. An officer should distinguish between such a person and an applicant who has no intention of leaving Canada if the application is refused.
An officer should also keep in mind:
• the time required to process an application for permanent residence, because the length of time will affect the applicant's means of support;
• obligations at home; and
• the applicant’s likelihood of leaving Canada if the application is refused.