A Convoluted Situation!

[bijoustrollette]

Probably a bit of an odd one here.

My wife (Canadian) and I (UK/Irish dual) plan to apply for outland family sponsorship soon via the UK. We are waiting, however, on the result of my wife's PR application here in the UK (she has applied through having been here for 5 years as the spouse of an EEA citizen). We're expecting the result in the next month or two, but have a suspicion that it may be refused on a loophole of not having comprehensive sickness cover when we were self-employed.

That's an aside. My question is, if she is refused and is told to leave the country (we have a daughter too, who has a Canadian passport through her mother, so will probably have to leave with her) and we have applied outland, will I be able to join her in Canada and effectively do Visa runs every 6 months (I have a UK passport, so exempt) or will they look unfavourably on this at the border? Also, I assume my application will then be compromised as we wouldn't technically be living together any more as I was just a visitor and not resident in Canada.

This visa stuff is such a tangled web. I really want to avoid spending any major time apart from my wife and young daughter, but also don't want to get stuck in Canada unable to leave as I have older parents here in the UK who are not in the best of health!

Any advice at all is very much welcomed

 

[canadianwoman]

Yes, if you have an outland application processing, you can come to Canada as a visitor to wait. Usually people from the UK will be let in for 6 months; you can then apply to extend this stay, about one month before it expires. You do not have to do visa runs.
Your application will not be compromised. For one thing, since you are married you two do not have to be living together for the application. For another, while you are in Canada visiting, you will be living with your wife - you can live with her while you are here as a visitor. For example, many people establish common-law status while they are in Canada as a visitor.
With an outland application, you can leave Canada at any time without jeopardizing the application. When you return to Canada, just bring proof of the application, and proof of any ties to the UK you still have. As long as you are clear that you are just visiting, you should be let back in.