Newbie Question on Routes to Immigration

[OldCanuck]

Hi All

I'm just, at this point, in time looking for general information (having already looked through, and been somewhat confused by the CIC website).

The context is that I am a Canadian-born dual national (CAN/UK) who has been living in the UK for a loooooong time. My common-law partner of 15 years is a sole UK national.

We are trying to determine the most appropriate route for emmigration from the UK to Canada.

Leaving aside consideration like jobs, finances, etc (I know we will have to deal with that at some point down the line, but not just at this moment) it seems that we have two options:

1 - go through Family Sponsorship while in the UK, with me as sponsor and my partner as the sponsored person, and move to Canada once that is achieved, or
2 - I move to Canada, establish myself, my partner joins me as a tourist and then immediately applies for PR.

Any comments, advice, suggestions on the above?

 

[taffy7]

I would suggest you start the family sponsorship now and then move over with your partner as a tourist if it takes to long.

 

[Leon]

If you apply from outside Canada, you have to add proof that you intend to settle in Canada when your partner gets PR. Proof of that could be having a job offer, having been accepted to a university or having arranged housing. In some cases people have gotten away with a rental agreement to rent a relatives basement, even if they never actually planned to live in it.

If you wait until you are settled in Canada and your partner joins you as a tourist, your partner will not be able to work right away and will not have health care.

 

[OldCanuck]

Thansk for the responses.

 

[OldCanuck]

If you apply from outside Canada, you have to add proof that you intend to settle in Canada when your partner gets PR. Proof of that could be having a job offer, having been accepted to a university or having arranged housing. In some cases people have gotten away with a rental agreement to rent a relatives basement, even if they never actually planned to live in it.

If you wait until you are settled in Canada and your partner joins you as a tourist, your partner will not be able to work right away and will not have health care.

Can you clarify please - are you suggesting that it is not a good idea for me to settle in Canada then have my partner join me at some point?

 

[Leon]

Can you clarify please - are you suggesting that it is not a good idea for me to settle in Canada then have my partner join me at some point?

I am absolutely not suggesting anything. It's just a different way of applying. If you apply outland meaning your application is processing partially in London, the processing time according to CIC right now is approximately 14 months. If you apply while you yourself are living outside Canada, you need to include proof that you will settle in Canada when your partner gets PR. Could be a job offer, having arranged housing etc. However, sometimes it's hard to get a job offer or a rental agreement if you are only planning on moving in 14 months and if you do move at some point during the processing time, your partner could only join you as a visitor and would not be able to work or have health care.

However, if you decide on a completely inland application, you could return to Canada with your spouse as a visitor, apply inland and apply for an open work permit for her at the same time. In that case, the processing time is 26 months but she would have the open work permit after about 4 at which time she will be able to work and will most likely not have any problems getting health care. With an inland application, it is however not advised to leave Canada during the processing time and if she does, it should only be for a short time because it is a requirement of applying inland that the person is residing in Canada.

It is up to you which method you choose. If you want PR for her faster, you apply outland. If you want to move to Canada sooner and have PR faster but don't mind that she can't work, you can apply outland and go to Canada with her as a tourist. If you want to move to Canada right now but want her to be able to work sooner but don't mind waiting for PR, you can move now and apply inland with an open work permit.

 

[OldCanuck]

Hi Leon

Many Thanks - your reply v helpful.

Just one further question at this time, which you may or not know the answer to... If we start the process outland but, through circumstances, end up moving to Canada before the process is finished, will our paperwork be shifted to an inland processing office or not?

 

[scylla]

Hi Leon

Many Thanks - your reply v helpful.

Just one further question at this time, which you may or not know the answer to... If we start the process outland but, through circumstances, end up moving to Canada before the process is finished, will our paperwork be shifted to an inland processing office or not?

It will remain outland. Keep in mind that your wife technically isn't allowed to "move" to Canada until she has PR. All she can do is visit.

 

[OldCanuck]

Thanks.