Hello!
Going to answer your question in chunks. I suggest you also have a thorough read of this wiki article on family class sponsorship specific for Brits: http://britishexpats.com/wiki/Spousal_Sponsorship-Canada as well as the FAQ and Spreadsheet that are both linked in my signature. Here we go.
LFW said:
Hello
I am Canadian, living in England with my British husband. We recently had a new baby boy (born in England) and would like to move back to Vancouver, BC to finally establish our roots. I've started the family sponsorship application but have had many questions along the way. I've learnt that my husband will not be able to work in Canada until his residency is approved. I've learnt it is not advised to move back to Canada and 'settle' until the residency is approved. (Please correct me if I'm wrong on any point!)
You are correct that your husband won't be able to work, however he can come to Canada as a visitor and wait without an issue (well, 99% without an issue!), since you've already applied for PR. The wiki article linked above has a section in it called "Waiting in Canada while the application is processing: Dual Intent", read that very thoroughly, it explains exactly what you need to know about waiting in Canada as a visitor.
We originally planned to move back in October once my mat leave pay is up in England... But now seeing the application may take longer to process, we will have to decide what to do in the meantime. So my question to is, have you any idea how long it takes for an application to be processed in the UK? It says 24 months on the cic website which seems incredibly long and incorrect!
As has been said, the 24-28 months of processing time quoted online is because of the overflow from Islamabad that London is dealing with. The number isn't really accurate for 'normal' British applicants. In the FAQ start from here: http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ#How_long_will_it_take.3F and read that and the next 4-5 questions, it outlines it all pretty clearly in terms of what to expect. In addition, the spreadsheet in my signature tracks applications filed by Brits (and nationals who normally apply via London like Swedes, Irish, etc) and shows average processing times split by each of the 3 offices that might process your application, so it gives you a better idea of what to expect. As has been said, hope for Mississauga, be content with Ottawa, plan for London.
In the application it asks the sponsor to provide proof of moving back to Canada, how am I suppose to get a house to rent or a job if I don't know when my husband will be aloud to live and work in the country? We can't move separately. I could give my moms address for the time being as proof?
This is addressed in the FAQ: http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ#Item_20:_Proof_of_intent_to_return_-_how_do_I_prove_I_want_to_move_back_to_Canada.3F
As for the pr card. Once my husband gets the approval, he will have 5 years and then he can apply for citizenship, is that correct? Within the 3 years is it?
Nope, you are a bit confused here I think.
So first, the PR card is SEPARATE from his qualifying period for PR - this is a common mistake. When he gets his COPR (which is the document that he'll be issued at the end of the sponsorship process) he'll take that to a Canadian border (airplane, land, whatever) and officially become a PR at that time. It's on that day that his PR "clock" starts ticking. So if you land on let's say 1 December 2015, your window for maintaining your PR runs from that date until 30 November 2020, even if the PR card you are issued with a few weeks later has an expiry of 1 March 2020... your window of consideration is 5 years from the day you LANDED. The expiry date on the PR card is completely separate.
In order to maintain PR, your husband will have to fulfil 730 days in Canada in that 5 year window (so roughly 2 years in 5 years). That two years can be either spent physically inside Canadian borders, or otherwise abroad with his Canadian spouse (you)... so as long as you are living together outside of Canada, or he's physically inside of Canada, you're fine to renew your PR.
Citizenship is a different beast. In order to obtain Canadian citizenship, your husband will have to prove that he was physically present inside Canadian borders for 4 years in a 6 year period. If he can prove that then he can file for citizenship, and that application process I think takes roughly a year or so. He cannot use time spent living with you abroad towards this, this requirement is strictly time spent inside Canada, with or without you.
So PR and Citizenship requirements are separate beasts, make sure you have those straight in your head.
I basically need to plan my life here but don't know what time frame to do it in!
Once he is approved, how long do we have to move??
Thanks ALL
The COPR document will have an expiry date on it. Typically that date will be one year from the date you had your medical done. (Read this for what happens if your medical expires: http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ#My_medicals_are_going_to_expire._Should_I_contact_CIC.3F ) So if your medical was done say 10 June 2015, then your COPR would generally expire on 9 June 2016, unless your application takes longer in which case one of the scenarios outlined on the FAQ will apply to you.
All that means, though, is that you have to LAND before COPR expires - LANDING and MOVING are two different things. Read this section of the FAQ and the links within it: http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ#Landing
That answers everything you asked. Do have a solid read of the wiki articles as well as the FAQ in general as it will answer a load of your questions. The FAQ is laid out in the same order as the application, so you should be able to have the FAQ open and follow along with it. I have also used as much similar terminology in the FAQ as used on the forms so a quick CTRL+F should help narrow down questions if you're looking for specific things in there.
Hope that helps!
