Will this damage my application?

[OhCanada77]

We got married last month after a 7 yr relationship (him - Canadian citizen. Me - UK citizen) and i've returned back to the UK to complete my batchelors degree as i won't be able to do it while in Canada (no student finance if i live outside the UK) and someone suggested to me this morning that CIC won't view that as a legitimate reason for staying in the UK and it may affect our application with them wondering why i'm not over there already applying inland. We figured it takes a year to get PR and then it's only another year and as i'll be over 40 years old, the degree would aid my employ-ability when i am over there job hunting.
I'd be grateful for some advice/someone putting my mind at rest!

 

[Hurlabrick]

We got married last month after a 7 yr relationship (him - Canadian citizen. Me - UK citizen) and i've returned back to the UK to complete my batchelors degree as i won't be able to do it while in Canada (no student finance if i live outside the UK) and someone suggested to me this morning that CIC won't view that as a legitimate reason for staying in the UK and it may affect our application with them wondering why i'm not over there already applying inland. We figured it takes a year to get PR and then it's only another year and as i'll be over 40 years old, the degree would aid my employ-ability when i am over there job hunting.
I'd be grateful for some advice/someone putting my mind at rest!

So you have already applied for Inland spousal sponsorship? If so, then yes, AIUI it could be a problem you leaving Canada. Do you already have an OWP? See here:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Inland_application

I am sure others more experienced with the Inland route will be along soon......

Official CIC stuff here:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=248&top=28

 

[spousalsponsee]

We got married last month after a 7 yr relationship (him - Canadian citizen. Me - UK citizen) and i've returned back to the UK to complete my batchelors degree as i won't be able to do it while in Canada (no student finance if i live outside the UK) and someone suggested to me this morning that CIC won't view that as a legitimate reason for staying in the UK and it may affect our application with them wondering why i'm not over there already applying inland. We figured it takes a year to get PR and then it's only another year and as i'll be over 40 years old, the degree would aid my employ-ability when i am over there job hunting.
I'd be grateful for some advice/someone putting my mind at rest!

It's not clear at all from your post where your application status is.

You are not eligible as family class in Canada, because you do not reside with your sponsor in Canada. If you have applied under that, then you are not eligible. If you were thinking of applying under that, you will not be eligible.

If you wish to apply outland, then you can do so and that's all fine. They may request proof that you will reside in Canada after being granted PR.

 

[Ponga]

Agreed. It is a requirement for an Inland applicant that they continue to live with their sponsor IN Canada. Once CIC finds out, the Inland application will likely be denied.

 

[OhCanada77]

Sorry, i wasn't clear. We will apply outland of course (in the process of filling in forms) but someone told me that my staying in the UK to finish my degree will not be looked on favorably by CIC as an outland applicant.
As in, they will wonder why i'm not already in Canada, applying inland. What i'm asking i suppose is - will they think badly of me for finishing my degree?

 

[spousalsponsee]

In that case, yes. You can apply, but you may struggle to convince them you plan on living in Canada when the PR is granted (as you don't - you plan on living there some time afterwards).

It normally takes 4-9 months for a UK application to go through, so if you're starting your final year in September, you should probably apply around December, and start gathering proof of plans to move to Canada when it's done.

 

[OhCanada77]

In that case, yes. You can apply, but you may struggle to convince them you plan on living in Canada when the PR is granted (as you don't - you plan on living there some time afterwards).

It normally takes 4-9 months for a UK application to go through, so if you're starting your final year in September, you should probably apply around December, and start gathering proof of plans to move to Canada when it's done.

I thought it was about a year? Only 4-9 months?! Wow. So send it all off approx 9 months before i finish. Might they wonder why i've been in the UK as long as i will have been after the wedding? Thank you for your help

 

[Rob_TO]

Might they wonder why i've been in the UK as long as i will have been after the wedding? Thank you for your help

They won't wonder, because you will explain everything in the application.

 

[canuck_in_uk]

In that case, yes. You can apply, but you may struggle to convince them you plan on living in Canada when the PR is granted (as you don't - you plan on living there some time afterwards).

There is no requirement for an applicant to prove in their application that they will be moving to Canada after approval. That requirement exists for sponsors that are living abroad.

 

[miss_tizzle]

No, you're fine. My husband and I are doing outland and he is still in his country working and saving to move. That's absolutely fine and won't impact your application.

Just know that if you're applying outland, the max timeframe for every country is averaged out to be 12 months and many commonwealth countries are a lot sooner. Also note you have to declare PR within the 12 months of your medical. So make sure you plan it around that. You could always land in CAN and declare and then go back to finish up but most people aim to land within those 12 months.

 

[Kotishii92]

There is no requirement for an applicant to prove in their application that they will be moving to Canada after approval. That requirement exists for sponsors that are living abroad.

Actually guys I think the CIC changed the rules a little bit... A PR applicant from the November thread just received a request of proof of intend to move to Canada after the PR is issued.. The sponsors already received such a request in January and now the PA received it a couple days ago... So I guess you never know what they might ask...

 

[canuck_in_uk]

Actually guys I think the CIC changed the rules a little bit... A PR applicant from the November thread just received a request of proof of intend to move to Canada after the PR is issued.. The sponsors already received such a request in January and now the PA received it a couple days ago... So I guess you never know what they might ask...

They most likely recieved that request because their sponsor is also living outside of Canada and IRCC probably wasn't fully convinced by the sponsor's proofs for returning.