A confused Briton!

[Nate_316]

I could use some help please...

My wife and I are considering moving back to Canada next summer / fall. She is a Canadian Citizen with Indefinite Leave to Remain in the UK, I myself am a British Citizen. I have looked through the CIC website and it is a little unclear as to what is going to be the best Visa to apply for. There are a few questions...

1. My wife is currently expecting and will have a baby in April (hence looking at the back end of the summer to move). She probably won't be working when we return to Canada so I don't believe I would be eligible to apply under the spousal sponsorship, is that correct?

2. If that is correct, what visa should I apply for?

3. With the baby, there is the possibility of registering it as a Canadian Citizen born abroad, is that going to be more beneficial rather than stating it as a dependent on the application?

Any help would be really appreciated. Thanks

 

[Baloo]

1. My wife is currently expecting and will have a baby in April (hence looking at the back end of the summer to move). She probably won't be working when we return to Canada so I don't believe I would be eligible to apply under the spousal sponsorship, is that correct?

Not sure what impact the baby will have but even if she is not working, you can apply for spousal.
Of course one other thing to consider is that you are not able to work in Canada without permission.

2. If that is correct, what visa should I apply for?

Spousal

3. With the baby, there is the possibility of registering it as a Canadian Citizen born abroad, is that going to be more beneficial rather than stating it as a dependent on the application?

Not sure on that, others will reply.

 

[MandiF]

If you apply for spousal sponsorship now, you should have it through by the time you want to move to Canada.

Your wife doesn't need to actually be working or be in Canada to sponsor you, do an Outland application through London, but you MUST demonstrate in your application that you will all be moving to Canada once the application is approved and the steps you have taken for your living arrangements, and how you are going to support yourself etc.

I'm sure the CIC have seen quite a lot of applications where the Canadian citizen is a woman with a small child, or baby and doesn't work, but you just need to show that you have thought about how you will be able to support yourselves.

With spousal sponsorship, you don't need to have a minimum wage in order to sponsor, just show that you are not bankrupt or on welfare. My suggestion would be to demonstrate how much as a family you have earned in the last few years and include a full explanation of how that will continue.

Sorry I can't help with the baby question, but I hope the above helps.

 

[heatherusa]

I could use some help please...

My wife and I are considering moving back to Canada next summer / fall. She is a Canadian Citizen with Indefinite Leave to Remain in the UK, I myself am a British Citizen. I have looked through the CIC website and it is a little unclear as to what is going to be the best Visa to apply for. There are a few questions...

1. My wife is currently expecting and will have a baby in April (hence looking at the back end of the summer to move). She probably won't be working when we return to Canada so I don't believe I would be eligible to apply under the spousal sponsorship, is that correct?

2. If that is correct, what visa should I apply for?

3. With the baby, there is the possibility of registering it as a Canadian Citizen born abroad, is that going to be more beneficial rather than stating it as a dependent on the application?

Any help would be really appreciated. Thanks

A baby born abroad to a Canadian born citizen will automatically be a Canadian citizen and you need only apply for their Citizenship Certificate. That is what we did - sent her birth certificate showing parents on it, my long form birth certificate showing I was born in Canada and we received her card several months later.

You cant include the baby because the baby is a citizen by birth if your wife was born in Canada

 

[CanadianCanuck]

I am interested to see how you get on Nate_316.

We are in the same situation and wondering the best way to go about things. I was made redundnat last year and decided to be a stay at home mom for awhile and am now pregnant with number 2 and so are contemplating the best method to get us back to Canada as we think this may be the right time now.

We are a little worried about finding work for my husband but I think that is more due to the unknown and both of us being nervous about taking big risks. On Monday when my husband goes back to work we are going to get our first child's citizen certificate and then get everything else in place to move forward and if the sponsoship stuff goes through in the spring will proceed with Dom's application.

Keep us posted!!!

 

[RobsLuv]

I could use some help please...

My wife and I are considering moving back to Canada next summer / fall. She is a Canadian Citizen with Indefinite Leave to Remain in the UK, I myself am a British Citizen. I have looked through the CIC website and it is a little unclear as to what is going to be the best Visa to apply for. There are a few questions...

1. My wife is currently expecting and will have a baby in April (hence looking at the back end of the summer to move). She probably won't be working when we return to Canada so I don't believe I would be eligible to apply under the spousal sponsorship, is that correct?

There are no minimum income requirements for spousal sponsorships - but it's important that the two of you are able to demonstrate that there will be a means of financial support when you get to Canada. Spousal sponsorships can be refused pursuant to A39 if the officer is not convinced that adequate arrangements, other than social assistance, have been made for the sponsored family members. A declaration from family members in Canada that they will provide housing and support until your family can get settled can help. It's imperative, though, that your wife includes proof of her intent to return to Canada with the submission of the application. She needs to show proof of arrangements for housing, maybe job offers or acceptance at a Canadian educational institution. Lacking that, declarations from family in Canada can help with this, too.

2. If that is correct, what visa should I apply for?

Not applicable because it is possible for you to apply as a spouse. It's also possible for you to apply in another class - like Skilled Worker or Business class - but spousal is the applicable class and the least stressful in a situation like yours where you are an established family with a Canadian sponsor looking to return to Canada.

3. With the baby, there is the possibility of registering it as a Canadian Citizen born abroad, is that going to be more beneficial rather than stating it as a dependent on the application?

What's been said earlier is correct - your wife needs to apply for a Citizenship Certificate for the baby . . . s/he will be born a Canadian citizen. But it's probable that you won't have to wait for that to come through - if the PR comes through first - to be able to move to Canada. Your child will also be a citizen of the UK, which means eligible to enter Canada without having to apply for a visa. So travel to Canada on a UK passport is permissible and proof of Canadian parentage at the Canada port-of-entry should get him/her admitted with the rest of the family without issue.