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GJD

Newbie
Jun 19, 2018
2
0
Hi,
I have been advised to seek comments/suggestions/recommendations regarding our situation in applying for spousal sponsorship to Canada.. Whether to apply inland or outland and how to address some other residence/living situation questions.

To give you a background,

1. I moved to Canada as a landed PR in June 2016.

- My husband and I have been in a long distance relationship since 2013, traveling every couple of months to see each other.
- Since moving to Canada, my (then)boyfriend/(now husband) flies to Canada every 3 weeks or so, his visits lasting a week on average.
- We bought an apartment together in Toronto last Oct 2017 but the property is in my name only, to be consistent with the mortgage documents.
- We got married November 2017
- We have a daughter who was born (in Canada) March 2018

2. My husband is based in the UK for work and does not require a visa to enter Canada.


Our goal is for our family to be together, my husband to move, work and live in Canada for good.
Hopefully the soonest possible time as it is difficult to raise a child alone when my husband is away. (I moved to Canada by myself and have no immediate relative here to give us a hand.) My daughter and I are now in the UK with my husband for a few weeks before going back to Canada.

We can apply for spousal sponsorship inland even while my husband travels back and forth to/from Canada. Called CIC and was told that is possible but we run the risk of forfeiting the application in the event (for whatever reason.. For example: having similar name as a terrorist or banned person - - that bars him from entering Canada) he is unable to come back to Canada.
-- I'm not sure at the likelihood of him having the same name as a terrorist that he can't enter Canada. As mentioned, he is here every couple of weeks.

We wanted to do the inland application primarily so he can get his work permit sooner and start applying for a job in Canada. The sooner he can find a job, the sooner he can move. We don't really want him quitting his job in the UK as of yet. He earns more than I do. And now that we have a child and I am on maternity leave (currently on Employee Insurance so my income is greatly reduced) , we find it unwise for him to quit his job in the UK with no job yet waiting for him in Canada. We have financial obligations both in Canada and the UK.

I know from the looks of it, outland application seems the better option in terms of risks for denial. But the wait time for us to be all together will be longer. And we would like to know how to address childcare once I go back to work in March 2019.
Is there a workaround to applying from outside Canada but applying for a work permit as well?

Or is there a good way to present our situation to justify applying from within Canada
?
And if applying from within Canada, there is a question about current status of applicant ie. Working/student/.. Not quite sure "visitor/tourist" is in one of the options..
How is this answered?


Also, I have encountered questions in one of the forms regarding when/where you've met your spouse. Whether or not you are living together, and since when if you have. Are we considered to be living together if we have an apartment together (even if on paper, only I own it?) but most of the time my husband is away for work/and not really having a residency status in Canada?

Our situation is a little unusual in that we are in a married relationship, have a family but a little all over the place. It's like we live together when we are physically together, but not really for long

Should we apply from within Canada or outside Canada?

I would appreciate feedback and suggestions from you guys. I'm not sure what other Info to provide but do ask me questions if some info need clarifications.

Thank you in advance.

Cheers,
Gjd
 
He cant apply from
Within canada and not be living here
 
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Reactions: Hurlabrick
What Starnaenae said.

There is no way around the work permit thing if you apply outland.

As he is not actually resident in Canada (only on visits) he cannot apply inland and as he cannot apply inland, he cannot apply for a work permit.

Apply outland and live with it for the 6 - 9 months it should take to process for straightforward applications for a British PA. Note that he can land and stay in Canada under dual intent once the application is underway, he just cannot work until it is approved and he 'lands' officially.

Useful 'unofficial' reading here:

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada
 
Is there a workaround to applying from outside Canada but applying for a work permit as well?

No, there is no workaround. OWP is for inland apps only.

Or is there a good way to present our situation to justify applying from within Canada

No, a very strict rule of inland apps is that the sponsor and applicant are cohabiting inside Canada for entire duration of processing.

In your case 2 things could happen:
1. Visa officer will see your husband is actually physically residing in another country
2. On some random entry to Canada he may face extra scrutiny from CBSA for whatever reason, and be denied entry

Either of these would result in the inland app being cancelled, and you needing to start from scratch again.

Are we considered to be living together if we have an apartment together (even if on paper, only I own it?) but most of the time my husband is away for work/and not really having a residency status in Canada?

No, he must be physically inside Canada.


Should we apply from within Canada or outside Canada?

Outside
Canada. He can work after he's landed as a PR.

Or, can look at getting a work permit some other way separate from the PR app (i.e. IEC Working holiday, closed work permit via LMIA process, etc)
 
Hi Starnaenae, Hurlabrick and Rob_TO,

Thank you very much for helping clarify my concerns. I really appreciate your responses to my post.

Will go for the outland app then and explore getting a work permit another way.

Warm regards