A Canadian mom and American dad working in Japan

[Katen]

Hello all,
I am just a few weeks pregnant but I am not sure how much time I need to prepare for bringing my husband to Canada. We are in perhaps a more unusual situation because my American husband and I live and work in Japan. We have decided that we want to move back to Canada to be with my parents and raise our kid there. I’ve been trying to read through the forums searching for what is needed of us but I cannot find anything that pertains to our situation because 1.) We got married in Japan 2.) What visa status should I bring my husband over with? Spouse? Tourist? With the pandemic and all, I don’t think tourist can come in to Canada yet. And I am not sure if applying for a spouse visa now will make it in time for him to be in Canada by the time I give birth. 3.) Where should I even start? Should we apply to get his spouse visa in the Canadian Embassy in Tokyo? If anyone has info about these things or can at least point me to the right direction that would be super appreciated. Thank you for taking the time to read my post.

 

[armoured]

Hello all,
I am just a few weeks pregnant but I am not sure how much time I need to prepare for bringing my husband to Canada. We are in perhaps a more unusual situation because my American husband and I live and work in Japan. We have decided that we want to move back to Canada to be with my parents and raise our kid there. I’ve been trying to read through the forums searching for what is needed of us but I cannot find anything that pertains to our situation because 1.) We got married in Japan 2.) What visa status should I bring my husband over with? Spouse? Tourist? With the pandemic and all, I don’t think tourist can come in to Canada yet. And I am not sure if applying for a spouse visa now will make it in time for him to be in Canada by the time I give birth. 3.) Where should I even start? Should we apply to get his spouse visa in the Canadian Embassy in Tokyo? If anyone has info about these things or can at least point me to the right direction that would be super appreciated. Thank you for taking the time to read my post.

Start here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html

Read the instructions carefully, there are a lot of resources here. It's incredibly important to triple/quadruple check all forms and documentation provided; they send back app packages that are incmoplete or incorrect.

In brief:
1) Doesn't matter you were married in Japan, but you will need translation/certified copy of marriage certificate. (Specifics of what is required varies by country so check)

2) You roughly have two options: spouse enters Canada on visa waiver (i.e. no visa required) and apply 'inland.' Or apply now ('outland') - he can still enter Canada on visa waiver. Main difference is 'inland' you can apply for open work permit at same time. In both cases count on up to 12 months (sometimes more). Work permit may come ~6 months later. In both cases he can enter Canada, difference is whether he will have right to work. (In somewhat rare cases border officers could deny right of entry if they believe he will not honour terms of entry, i.e. depart when permitted time in Canada runs out, although visas can be extended.

In covid time, all timing estimates very uncertain.

He can enter as immediate family of Canadian citizen despite covid rules. Proof of marriage required.

Note - if you are abroad when you apply, you'll have to provide documentation of your plans to return to Canada to reside permanently. So there is some advantage to returning first.

Important: health care/health insurance. Even as Canadian you won't be eligible in most provinces right away, nor would your husband. Particularly important as you're expecting.

 

[dw33]

Armoured question. I.applied outland and have passed as sa. My question and looking for advice is this. One our app I said I would be flying home in August and lookimg for work in Canada. I didnt end up going because the viris and I webformed them im August regarding this. In our documents I stressed why we wanted to immigrate is to be near my family especially my mom whos aging and health isnt good. We showed enough money for me to get sa. We also stated we would likely stay with my mom.a few.months. My question is do you think they will give us a problem about WILL YOU REALLY LEAVE CHINA? Thanks in advance.

 

[dw33]

Also would it be a benefit for me to get on a plane and just go home and then that would show they are serious as.my wife waits in China for processing?

 

[dw33]

My issue which I hoped they would understand is how bad covid is back home and its inconvenient currently to fly back.

 

[armoured]

Armoured question. I.applied outland and have passed as sa. My question and looking for advice is this. One our app I said I would be flying home in August and lookimg for work in Canada. I didnt end up going because the viris and I webformed them im August regarding this. In our documents I stressed why we wanted to immigrate is to be near my family especially my mom whos aging and health isnt good. We showed enough money for me to get sa. We also stated we would likely stay with my mom.a few.months. My question is do you think they will give us a problem about WILL YOU REALLY LEAVE CHINA? Thanks in advance.

I honestly do not know. A bit more info below but core advice: don't worry about it now and keep making your plans to return (despite uncertainty about exactly when).

My understanding is the following (partly from gcms notes from my own file):
1) I believe the sponsor approval is technical eligibility (i.e. you're a citizen and not barred from sponsoring due to criminality and other bars). Our gcms notes had a statement in the preliminary review i.e. early stage to the effect of (from memory, not exact language) 'sponsor eligible, sponsor residing abroad, intent to return to be checked at final decision.' I believe that was boilerplate language but I'm not certain.

2) My understanding is that some sponsors residing abroad have been asked for more information/documentation of their plans to return. I don't have any information how common this is (my impression is not very). We did not get any subsequent request.

Personally I would guess that in covid time they will not be surprised that plans change - and that even in normal times they would understand that most applicants wish to return with their spouses, i.e. planned return dates can shift. That may leave some cases where sponsor has indicated they will return at a specific date for a specific reason (e.g. to start a job that was the stated reason to return) or - perhaps more likely - where the original 'plan/intent to return' was weak to begin with and/or where sponsor has very few ties to Canada at all.

Bottom line: there is not much you can do right now vis-a-vis IRCC process. Whether or not they request more info from you in future, all you can really do now is continue to make plans/inquiries for your return - primarily to facilitate settlement on arrival, and if IRCC asks for more info, you'll have it.

 

[armoured]

Also would it be a benefit for me to get on a plane and just go home and then that would show they are serious as.my wife waits in China for processing?

As my response went - it MIGHT help if they ask for more info to support your plan to return. But probably not necessary. If they do come back and ask you to show more info about your plan to return, book a flight then (for example).

 

[armoured]

My issue which I hoped they would understand is how bad covid is back home and its inconvenient currently to fly back.

My guess is that they would understand that right now. Stress a bit less.

 

[dw33]

Yah. One hundred percent the moment we pass we are gone within a week. Ive already made plans for.our.three cats to go also. That is costing me a pretty penny. Also if I may ask how is your timeline?

 

[armoured]

Yah. One hundred percent the moment we pass we are gone within a week. Ive already made plans for.our.three cats to go also. That is costing me a pretty penny. Also if I may ask how is your timeline?

We are waiting for passports back. Applied fall 2019, PPR approximately a year later. When we initially got the passports back with visas there was approximately a month left on validity and with covid in Canada, flight issues and children/schooling, we could not practically travel in that timeframe (and chose not to risk health-wise). We wrote and explained, they are issuing new travel docs with longer validity. (I should note this is clearly covid-related, and even in covid, I cannot determine how normal this approach is - but I'm grateful they have handled this way; we're making more detailed plans now).

 

[dw33]

Good to hear. Hopefully they get it under control asap. No kids here. Just our cats, lol.

 

[Canada2020eh]

Armoured question. I.applied outland and have passed as sa. My question and looking for advice is this. One our app I said I would be flying home in August and lookimg for work in Canada. I didnt end up going because the viris and I webformed them im August regarding this. In our documents I stressed why we wanted to immigrate is to be near my family especially my mom whos aging and health isnt good. We showed enough money for me to get sa. We also stated we would likely stay with my mom.a few.months. My question is do you think they will give us a problem about WILL YOU REALLY LEAVE CHINA? Thanks in advance.

When we applied outland with me living abroad we gave a date that we would like to move to Canada. Since that was an optimistic date we gave we also said we were ready to move ASAP after the approval. My aging mother was also a reason we mentioned in our app and we would stay with her for the first while until we got settled. Good luck.

 

[dw33]

And what was your result?

 

[Katen]

Start here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html

Read the instructions carefully, there are a lot of resources here. It's incredibly important to triple/quadruple check all forms and documentation provided; they send back app packages that are incmoplete or incorrect.

In brief:
1) Doesn't matter you were married in Japan, but you will need translation/certified copy of marriage certificate. (Specifics of what is required varies by country so check)

2) You roughly have two options: spouse enters Canada on visa waiver (i.e. no visa required) and apply 'inland.' Or apply now ('outland') - he can still enter Canada on visa waiver. Main difference is 'inland' you can apply for open work permit at same time. In both cases count on up to 12 months (sometimes more). Work permit may come ~6 months later. In both cases he can enter Canada, difference is whether he will have right to work. (In somewhat rare cases border officers could deny right of entry if they believe he will not honour terms of entry, i.e. depart when permitted time in Canada runs out, although visas can be extended.

In covid time, all timing estimates very uncertain.

He can enter as immediate family of Canadian citizen despite covid rules. Proof of marriage required.

Note - if you are abroad when you apply, you'll have to provide documentation of your plans to return to Canada to reside permanently. So there is some advantage to returning first.

Important: health care/health insurance. Even as Canadian you won't be eligible in most provinces right away, nor would your husband. Particularly important as you're expecting.

Thank you so much for your reply and information! I will check out those resources and read on it.

 

[armoured]

Thank you so much for your reply and information! I will check out those resources and read on it.

Good luck.

If your intent is to be in Canada to give birth, I'd encourage you to look into the health insurance issue for the province you intend to settle in and the requirements to qualify - and then work back from there. (Note I believe some provinces may be waiving waiting periods during covid). Private medical insurance may be expensive if pregnant and you do not want to have any gaps, particularly later in your term, not to mention travelling later may not be advisable.