Spousal Sponsorship and Visitor Extension - Guidance?

[Seirenne]

Hi there!

First a thank you for taking your time to read over this post! I have done a little research but there are so many variables and extras that I am a little overwhelmed currently. Any guidance or helpful tips are welcome at this stage!

So, back in 2015 I met my now husband online, completely randomly. I was finishing my MSc in the UK (UK Citizen, born and raised) and we came to a point where it made sense for my to up sticks and move across the pond. Which I did back in December. I have been in Canada throughout this time just on the ETA visa type thing that allows those from the UK to visit Canada; from my understanding it is valid for 5 years OR until your passport expires, whatever happens first (mine is brand new). With this, I do not think I qualifying as having 'lived' here during that time, merely 'visited'. I've been here since December 29th so my time here is almost up as of June 29th.Which means I need to extend my visitor time, BUT we leave for Europe this year on July 14th so that would reset my stay when we return. Is it worth risking the couple of weeks and being 'unauthorised', especiasly just in case I am not allowed to reenter the country on our return from the trip? With the regulations regarding remaining in the country during the spousal sponsorship, we won't submit until our return...unless we go for the option that allows you to leave the country. I'm still unsure whether to apply from within Canada or from Outside.

But now we're married, as of Saturday. I'll be taking his name and we will both continue living here in Canada. But what next?

I see mention of sponsoring spouses but I REALLY need a work permit so I can start work here. I do not even need to go into my field right away (forensic psychology) as this will take time and I just want to be out and earning, and not just living the life of leisure.

I've seen that when you apply for permanent residency you may get a work permit of some description, but I do not think I qualify for permanent residency just yet?! There must be something we can do in the mean time to get me working and for me to finally 'exist' in this country!

Until then I also need to get my UK driver's license switched around to a Canadian one (straight transfer fortunately!) but can only do so with physical mail showing my address in this country. Which means opening a bank account; can you open a bank account when you're just here visiting?

Not to mention healthcare. At what point does one qualify for healthcare? Not that I wish to mooch of the system, but I am used to the NHS and would rather know I am covered should something go wrong, if it did. My husband wants to add my onto his work benefits as a spouse, and this includes healthcare so hopefully it is not too tricky to sort this out.

So many questions and I just want to get the ball rolling before being forced to meet with an immigration lawyer!

• What is the fastest way to receive a work permit through spousal sponsorship, with an inside or outside application?
• Is sponsorship the first step towards PR?
• Is it true that the processing time for either inside/outside PR applications are a similar 12 month time frame?
• Is it worth extending my visiting VISA before our trip in July?
• With the application, is it best to send in as many photos/emails/conversations of our 'relationship status' from before we were together in person?

I'm lost. And fearful that for some reason I will be removed/not allowed back into the country. It is not a pleasant place to be when celebrating newly married life!

EDIT: Also, having looked and attempted to process my Extension to stay (IMM 5708) online, I've noted that it refers to dates that you plan to leave and how you plan to pay to leave. Obviously, I do not REALLY intend to leave, the MR can support us both while we process the necessary applications until I get a work permit and start building towards a dual income. However, there are no options on the application (as far as I can tell) which allow you to say that you are extending the visitation visa while the application for spousal sponsorship is processed. If we are to complete a physical application, because the online form hasn't seemed to have worked. is it worth including a cover letter explaining everything? Or simply say that I do intend to leave in 6 months or so, but we will still be submitting for spousal sponsorship?!

 

[Jeffuk88]

Hi there!

First a thank you for taking your time to read over this post! I have done a little research but there are so many variables and extras that I am a little overwhelmed currently. Any guidance or helpful tips are welcome at this stage!

So, back in 2015 I met my now husband online, completely randomly. I was finishing my MSc in the UK (UK Citizen, born and raised) and we came to a point where it made sense for my to up sticks and move across the pond. Which I did back in December. I have been in Canada throughout this time just on the ETA visa type thing that allows those from the UK to visit Canada; from my understanding it is valid for 5 years OR until your passport expires, whatever happens first (mine is brand new). With this, I do not think I qualifying as having 'lived' here during that time, merely 'visited'. I've been here since December 29th so my time here is almost up as of June 29th.Which means I need to extend my visitor time, BUT we leave for Europe this year on July 14th so that would reset my stay when we return. Is it worth risking the couple of weeks and being 'unauthorised', especiasly just in case I am not allowed to reenter the country on our return from the trip? With the regulations regarding remaining in the country during the spousal sponsorship, we won't submit until our return...unless we go for the option that allows you to leave the country. I'm still unsure whether to apply from within Canada or from Outside.

But now we're married, as of Saturday. I'll be taking his name and we will both continue living here in Canada. But what next?

I see mention of sponsoring spouses but I REALLY need a work permit so I can start work here. I do not even need to go into my field right away (forensic psychology) as this will take time and I just want to be out and earning, and not just living the life of leisure.

I've seen that when you apply for permanent residency you may get a work permit of some description, but I do not think I qualify for permanent residency just yet?! There must be something we can do in the mean time to get me working and for me to finally 'exist' in this country!

Until then I also need to get my UK driver's license switched around to a Canadian one (straight transfer fortunately!) but can only do so with physical mail showing my address in this country. Which means opening a bank account; can you open a bank account when you're just here visiting?

Not to mention healthcare. At what point does one qualify for healthcare? Not that I wish to mooch of the system, but I am used to the NHS and would rather know I am covered should something go wrong, if it did. My husband wants to add my onto his work benefits as a spouse, and this includes healthcare so hopefully it is not too tricky to sort this out.

So many questions and I just want to get the ball rolling before being forced to meet with an immigration lawyer!

• What is the fastest way to receive a work permit through spousal sponsorship, with an inside or outside application?
• Is sponsorship the first step towards PR?
• Is it true that the processing time for either inside/outside PR applications are a similar 12 month time frame?
• Is it worth extending my visiting VISA before our trip in July?
• With the application, is it best to send in as many photos/emails/conversations of our 'relationship status' from before we were together in person?

I'm lost. And fearful that for some reason I will be removed/not allowed back into the country. It is not a pleasant place to be when celebrating newly married life!

There is a lot here, some of it is straightforward so ill start with the basics;
- dont become out of status, apply for a visitor extension and even if you dont recieve the visa before leaving youll be on implied status. When you come back to canada the border will clearly see that you overstayed and at best give you a hard time, at worst give you a bar from canada.
- you dont need anything except your passport and driving licence to switch out your licence
- if youre married you can apply for spousal sponsorship but you should first get all the evidence ready including having everything in both your names.
- with an inland application you can send off for a work permit at the same time which takes around 4 months

 

[Jeffuk88]

As for healthcare, it depends which province youre in... in ontario you get their healthcare once youve worked for 3 months but remember unlike UK there is no coverage for drugs, dental or eyecare.

You should have travel insurance right now otherwise youre taking a huge risk. Mine was only around £280 for a year

 

[Seirenne]

Thanks for getting in touch and helping out, definitely appreciated!

- Okay so it's a no on risking the two weeks. That's fine and easy to rectify, I can extend the visitor status easily. With the implied status (I've seen it can take up to 80 days to process such a request), will Border Sec be able to see that I am in the process of extending my visitor status? Their stamp would also give me a new 6 months so even with a denial for my extension (I see no reason why this would happen but you never know!) would I still have a refreshed 6 months?

- Oh? When we registered for the marriage licence the registry clerk advised that to switch it over we would need a letter of address to do the switch. Maybe I will give it a shot without the name change and documentation from a bank!

- This spousal sponsorship is going to take some time to compile. Is it advised to submit it along with the visitor extension or just get that out of the way with and dealt with separately, THEN submit the spousal sponsorship with the work permit?

 

[Hurlabrick]

Until then I also need to get my UK driver's license switched around to a Canadian one (straight transfer fortunately!) but can only do so with physical mail showing my address in this country.

Requirements depend on which province you are in, but for say Ontario, there is a clear checklist of the documents you will need. Unfortunately, a bit more than just rocking up with a UK licence and a passport (e.g. proof of Canadian address etc,).

https://www.ontario.ca/page/exchange-out-province-drivers-licence

 

[Jeffuk88]

Thanks for getting in touch and helping out, definitely appreciated!

- Okay so it's a no on risking the two weeks. That's fine and easy to rectify, I can extend the visitor status easily. With the implied status (I've seen it can take up to 80 days to process such a request), will Border Sec be able to see that I am in the process of extending my visitor status? Their stamp would also give me a new 6 months so even with a denial for my extension (I see no reason why this would happen but you never know!) would I still have a refreshed 6 months?

- Oh? When we registered for the marriage licence the registry clerk advised that to switch it over we would need a letter of address to do the switch. Maybe I will give it a shot without the name change and documentation from a bank!

- This spousal sponsorship is going to take some time to compile. Is it advised to submit it along with the visitor extension or just get that out of the way with and dealt with separately, THEN submit the spousal sponsorship with the work permit?

Once you leave canada the application becomes void... it just means that you avoided being out of status so it doesnt matter on reentering. When you come back to canada there is no guarantee that theyll give you 6 months it depends on the border agent... they could ask for evidence of funds to support yourself or insurance for your stay.

Where did you register your marriage? My experience is solely ontario.

If youre wanting the work permit and therefore applying inland i would wait until you come back from travelling to submit the spousal sponsorship since they advice not to leave canada during it.

 

[Hurlabrick]

As regards spousal sponsorship, you could apply inland or outland - there are pro's and cons to both (extreme care if you apply inland and leave Canada at any time during processing). Note that you can apply 'outland' even though you are in Canada. See here:

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

For outland processing times via London, see the spreadsheet link in my signature line. If they send it to Ottawa, would be say 4-7 months start to finish. If it goes to London, would be 6 - 9 months start to finish (assuming you have a 'clean' pack and don't miss forms or evidence etc.).

Inland times have historically been longer, but in December 2016 they promised to bring these times down to 12 months - time will tell.

 

[Jeffuk88]

Until then I also need to get my UK driver's license switched around to a Canadian one (straight transfer fortunately!) but can only do so with physical mail showing my address in this country.

Requirements depend on which province you are in, but for say Ontario, there is a clear checklist of the documents you will need. Unfortunately, a bit more than just rocking up with a UK licence and a passport (e.g. proof of Canadian address etc,).

https://www.ontario.ca/page/exchange-out-province-drivers-licence

Myself and at least 4 other UK citizens all swapped our licences out and all we needed was passport... thats across ottawa and toronto. I did mine last month and the manager told me they used to check address and paper licence but they took away that requirement last year

 

[Seirenne]

Once you leave canada the application becomes void... it just means that you avoided being out of status so it doesnt matter on reentering. When you come back to canada there is no guarantee that theyll give you 6 months it depends on the border agent... they could ask for evidence of funds to support yourself or insurance for your stay.

Where did you register your marriage? My experience is solely ontario.

If youre wanting the work permit and therefore applying inland i would wait until you come back from travelling to submit the spousal sponsorship since they advice not to leave canada during it.

Ahhh yes, so remain on the side of caution and apply simply to show I'm at least attempting to be legitimate! I've entered Canada twice alone with no issue but this next time I will have the husband with me so it ought to persuade them to allow reentry again, especially if we explain that we're about to submit the spousal sponsorship application.

Marriage will be registered here in Alberta so rules may be slightly different but probably not COMPLETELY dissimilar?

Gotcha. I think it is looking like extending the visiting visa and then submitting the work permit and spousal application upon our return. The online applications through CIC leave a bit to be desired, this may take some time to figure out...

 

[Ponga]

Most UK applicants that are physically in Canada, seem to choose the Outland application, since they usually complete the entire process in about the same time as it takes to receive the Inland OWP.

Are you sure the Inland application is the best choice?

 

[Seirenne]

Most UK applicants that are physically in Canada, seem to choose the Outland application, since they usually complete the entire process in about the same time as it takes to receive the Inland OWP.

Are you sure the Inland application is the best choice?

I honestly have no idea what the best choice is, my concern is mainly with the work permit. What ever helps get an open permit faster is the one I'd prefer. For some reason (possibly doing the initial research at gone midnight) I have it in my head that the only way to get the open work permit is through the Inland application. Although they seem to be seperate forms anyway so I don't know why I've come to that conclusion!

 

[Ponga]

Yes, the OWP is only available to an Inland applicant, but as I mentioned, you would likely have your PR in about the same time as the OWP if you submit the Outland application.

The application package is exactly the same, with the only difference being how one question is answered...plus, it would save you $255 for the OWP.

 

[Seirenne]

Yes, the OWP is only available to an Inland applicant, but as I mentioned, you would likely have your PR in about the same time as the OWP if you submit the Outland application.

The application package is exactly the same, with the only difference being how one question is answered...plus, it would save you $255 for the OWP.

Dang, you really know your stuff!

Okay so the OWP will take some time even as part of an Inland application. Let's scrap that idea and go with the faster route with the money saving!

I don't suppose you know off the top of your head what this question is? Did you use a lawyer when you completed your application?

Oh and one more thing (SORRY to bug you!), having looked and attempted to process my Extension to stay (IMM 5708) online, I've noted that it refers to dates that you plan to leave and how you plan to pay to leave. Obviously, I do not REALLY intend to leave, the MR can support us both while we process the necessary applications until I get a work permit and start building towards a dual income. However, there are no options on the application (as far as I can tell) which allow you to say that you are extending the visitation visa while the application for spousal sponsorship is processed. If we are to complete a physical application, because the online form hasn't seemed to have worked. is it worth including a cover letter explaining everything? Or simply say that I do intend to leave in 6 months or so, but we will still be submitting for spousal sponsorship?!

 

[Jeffuk88]

Most UK applicants that are physically in Canada, seem to choose the Outland application, since they usually complete the entire process in about the same time as it takes to receive the Inland OWP.

Are you sure the Inland application is the best choice?

Are you sure? Looking at the spreadsheet for 2017 people have been getting the OWP in 3weeks to 3 months whereas uk outland is around 6 months IF its sent to ottawa and 9 months in london

 

[Hurlabrick]

Myself and at least 4 other UK citizens all swapped our licences out and all we needed was passport... thats across ottawa and toronto. I did mine last month and the manager told me they used to check address and paper licence but they took away that requirement last year

OK, useful to know (but their website still says they need proof etc.). We will exchange our license in a few weeks when we land for good.