Spousal sponsorship

[cecileloretta]

I am a Canadian citizen and married my fiancé (British Citizen) while he is visiting from UK. He has a return ticket to UK for 6 months from now, and we plan to visit and then return to Canada where we intend to remain once he has PR status. Do we submit our immigration documents, including spousal sponsorship forms, as if he is residing IN Canada? I do not want to have documents rejected if it should have been an OUTSIDE of Canada application. Many thanks.

 

[CanadianInUK]

Hi,

I'm a newbie too so not positive but there is a very good and quite active thread for Outland London UK applications that you may get a better response on if you post your question there. Someone will probably have an idea for you.

http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-london-uk-applications-t49436.0.html

 

[wowsers]

I am a Canadian citizen and married my fiancé (British Citizen) while he is visiting from UK. He has a return ticket to UK for 6 months from now, and we plan to visit and then return to Canada where we intend to remain once he has PR status. Do we submit our immigration documents, including spousal sponsorship forms, as if he is residing IN Canada? I do not want to have documents rejected if it should have been an OUTSIDE of Canada application. Many thanks.

Oddly enough you can still apply outland even if you are residing in Canada. There are many advantages in doing so (a) it is usually quicker (b) if he applies inland he is not allowed to leave Canada at all when waiting for his PR; some applicants I know do so but they risk not being allowed back in and then have to start their application again (c) if he applies outland he can work in the UK but if he applies inland he cannot work in Canada until he has passed stage 1 of his application (d) if he fails in his application for PR outland he can appeal; he cannot appeal if he applies inland. So there is everything to be said for applying outland, even from Canada if you get round to making the application when he is still there.

 

[dcgroo]

Oddly enough you can still apply outland even if you are residing in Canada. There are many advantages in doing so (a) it is usually quicker (b) if he applies inland he is not allowed to leave Canada at all when waiting for his PR; some applicants I know do so but they risk not being allowed back in and then have to start their application again (c) he can work in the UK but not in Canada until he has passed stage 1 of his application (d) if he fails in his application for PR outland he can appeal; he cannot appeal if he applies inland. So there is everything to be said for applying outland, even from Canada if you get round to making the application when he is still there.

Don't mean to threadjack here, but can you please briefly expand on "(c) he can work in UK but not in Canada until he has passed stage 1 of his application" or point me to where I can read more about that?

I am a US citizen in process for PR and would be very interested in moving in with my wife and looking for work as soon as possible, but I was under the impression you had to do your landing before you were authorized to work in Canada.

Thank you.

 

[QuebecOkie]

I think the previous poster was mixing up inland and outland applications. Outland applicants cannot work until they land as PRs. Inland applicants are eligible to apply for an OWP (open work permit) after stage one approval. For the faster VO offices, it is often possible for an outland applicant to land as a PR in around the same amount of time as it would have taken to get stage one approval for an inland applicant.

 

[dcgroo]

I think the previous poster was mixing up inland and outland applications. Outland applicants cannot work until they land as PRs. Inland applicants are eligible to apply for an OWP (open work permit) after stage one approval. For the faster VO offices, it is often possible for an outland applicant to land as a PR in around the same amount of time as it would have taken to get stage one approval for an inland applicant.

Thank you for the clarification.

I wish they would grant work permits for spousal outland applicants as well so families can be together while waiting for approval, but I can see the problems it would create for employers and CIC if the application was not approved.

 

[QuebecOkie]

It's one of the "benefits" for inland applicants, as the process is slower than many outland VOs, and the applicant is required to remain in Canada, where they are unable to work. It's not really much of a benefit, as your outland US application will likely be done in about the amount of time it takes for stage one approval of an inland app.

Hopefully your app will fly through, and you'll be a PR soon and have this time of worry behind you!

 

[wowsers]

I think the previous poster was mixing up inland and outland applications. Outland applicants cannot work until they land as PRs. Inland applicants are eligible to apply for an OWP (open work permit) after stage one approval. For the faster VO offices, it is often possible for an outland applicant to land as a PR in around the same amount of time as it would have taken to get stage one approval for an inland applicant.

Quite right. Thank you for correcting my badly expressed point (c), which I have now modified. I hope it is now correct!

 

[cecileloretta]

I have read differing opinions on whether an inland applicant can leave the country. My understanding is that one can leave but not for an extended time that would affect the residency requirements for PR status. Some comments say it is not permitted. I do understand that if for some reason entry was refused it would negate the in process application. Anyone have specific information as my spouse would be needing to visit the UK, especially if the inland process takes a year or so. Thanks.

 

[rhcohen2014]

I have read differing opinions on whether an inland applicant can leave the country. My understanding is that one can leave but not for an extended time that would affect the residency requirements for PR status. Some comments say it is not permitted. I do understand that if for some reason entry was refused it would negate the in process application. Anyone have specific information as my spouse would be needing to visit the UK, especially if the inland process takes a year or so. Thanks.

If your spouse needs to return to the UK, then it might be a good idea to apply outland so that there is more flexibility. There are people on these threads that have been able to remain in the country while the outland application is in process by requesting extensions of visitor passes. I can imagine applicants from your country get more leeway in the process as well. Since you are from the UK, it would make more sense to go outland because the process is half the wait time as inland. Really the only benefit for applying inland is being able to work while the application is in process - then again, by the time the OWP is issued, most likely he would have been able to land as an outland applicant.

 

[canuck_in_uk]

I have read differing opinions on whether an inland applicant can leave the country. My understanding is that one can leave but not for an extended time that would affect the residency requirements for PR status. Some comments say it is not permitted. I do understand that if for some reason entry was refused it would negate the in process application. Anyone have specific information as my spouse would be needing to visit the UK, especially if the inland process takes a year or so. Thanks.

Understand that there is no advantage whatsoever for a British citizen to apply inland. As said above, it is perfectly fine to submit an outland app while inside Canada. CIC even recommended on their website that applicants inside Canada apply outland instead of inland.

 

[babyfaced4real]

It's one of the "benefits" for inland applicants, as the process is slower than many outland VOs, and the applicant is required to remain in Canada, where they are unable to work. It's not really much of a benefit, as your outland US application will likely be done in about the amount of time it takes for stage one approval of an inland app.

Hopefully your app will fly through, and you'll be a PR soon and have this time of worry behind you!

 

[babyfaced4real]

Hello there. I need your experienced advice because I have two kids and my intended Canadian partner does as well. Would it be wise if i include my kids in my Spousal application ? We can't leave together based on the size of the family, what do you suggest we do in terms of proving that we are partners e.g (marriage or common law)?

 

[steaky]

Hello there. I need your experienced advice because I have two kids and my intended Canadian partner does as well. Would it be wise if i include my kids in my Spousal application ? We can't leave together based on the size of the family, what do you suggest we do in terms of proving that we are partners e.g (marriage or common law)?

If the children are already Canadian citizen, then don't include them in the spousal application. What do you mean you can't leave together? As you are the principal applicant, you can land alone.

 

[babyfaced4real]

If the children are already Canadian citizen, then don't include them in the spousal application. What do you mean you can't leave together? As you are the principal applicant, you can land alone.

My kids are non citizens and we both are here on TRV.