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Amac

Newbie
Oct 19, 2012
1
0
We are looking for advice re: our visa application and a possible extension.

I am a Canadian citizen and my husband and I are living and working in the UK. I was offered a job with my current company, who are expanding, back home in Canada last February with a starting date to be September 2012. We applied for his spousal visa (from the UK) last February.

Our personal circumstances are changing from last February... I became unhappy in my job and resigned last month. My husbands Canadian visa has not yet come through (so a Sept start date didn't work either for my job). And I have been offered a bigger and better job with another company in the UK.

We would still like to move home to Canada long term but are would consider staying in the UK for another year if it were possible to extend his visa once it is granted?!

From what we can gather from the online forums and govt website, it is likely that he will be granted his visa between now and February and we will only have until February to move (since he took his medical in February 2011)?

Has anyone had this sort of experience and if so could you give advice on:

1. Whether it is possible to extend a spousal permanent residence visa (entry) and if so, how
2. Will it effect his entry to Canada if I have quit my job, given that we used the job offer to show we had intentions to move?
 
Hi Amac,

Once your spouse gets the visa (I think in your case its COPR - as your spouse is from a "visa-exempt" country), he would have to come to Canada before the medical expires. The first time he visits Canada, he would complete the landing formalities and would then formally be a Permanent Resident. He would have to provide a local address (in Canada) where he would stay. It is at this address, CIC would mail his PR card. This PR card is valid for about 5 years. To renew this card, a person would have to stay in Canada for 2 of the last 5 years. Your husband, need not stay back in Canada till he receives this card (though it is advisable that he does). He can leave Canada any time after the landing formalities are complete. However, to re-enter Canada, he would need the PR card. (If you have any relatives here, you can ask them to mail it to you - in UK). That briefly sums up the options you have.

Now to your questions:
1. The validity of the visa (or COPR) is equal to the validity of the medicals. But this validity is only for the first time he enters Canada. Once he gets his PR card, he can come and go as he wishes. Maintaining the status of PR is up to him. By your post I understand that the first year would be spent in UK, so he would still have another 4 years to stay in Canada and maintain his PR status.
2. Once the visa (COPR) is issued, it is very unlikely that he would face problems - given your situation. Though I would recommend you coming to Canada before him and he can just state that he is joining you. Immigration would not ask for proof of your employment etc.

All the best.
 
To add to Sakamath, even outside of Canada, as long as he lives with you, as a Canadian citizen, as I understand, it will be counted towards fulfilling obligation to keep his PR status.

In short, landing process is something you would need to do within a certain time frame but it does not mean he has to live in Canada from that point on.