Can I apply to sponsor my British husband while he is a visitor to Canada?

[sydneylee]

My husband and I were married in England in 2010. He is my sponsor. I have Limited Leave to Remain (no recourse to public funds) until Nov 1,2013 when I would have applied for Indefinite Leave. In January of this year my husband had a stroke, lost his business and can no longer support us so had to apply for Benefits. He could not receive Benefits as long as I remained with him so I was forced to show a copy of my plane ticket home to Canada and he had to promise I would not return. I am now filling out the necessary papers to sponsor him here. Can he come as a visitor and apply for Permanent Resident Status while here with me? We are senior citizens (68 and 77 years). He, of course, would not be looking for work. We have our pensions and I have Guaranteed Income Supplement. Not sure of the situation re: medical insurance either.

 

[zardoz]

Nobody else has responded, so I'll give this a shot, warts and all.

Basically yes, you can sponsor him, either from the UK as an "outland" application or from inside Canada as an "inland" application. The only restrictions on an "inland"application is that he would essentially have to be able to remain in Canada for up to 14 months as a visitor. The normal maximum length of stay is only 6 months as a visitor, so this would have to be extended by application. If it's refused, the application would possibly be terminated as in theory he would have to return to the UK. This limitation doesn't apply to an "outland" application, as there is no requirement for the principal applicant to be in Canada at any time during the process. It's also faster via London to get it completed.

In all honesty, (this is the warts bit), you would both be better off with him remaining in the UK under NHS support while the application progresses. You will not automatically get health cover as a visitor and frankly, health insurance is likely to be prohibitively expensive or impossible to obtain.

I have no idea how long your application will take as there are a number of areas that would concern CIC. One is your ability to commit to the mandatory 3 year sponsorship period, given your circumstances. During that time, welfare support for both of you is not likely to be an option, as you will end up paying for it anyway.

Finally, and I can't emphasise this enough, the whole process of applying for immigration back to Canada makes the immigration to the UK look like a walk in the park. It's long, expensive and stressful. You really need to read a lot of the posts on here so that you know exactly what the timelines are and how it has affected people.

I wish it was all "roses and puppies" but it really isn't...

 

[Dan_from_Surrey]

Zardoz, makes good points there. Also as an aside, to the medical coverage bit, and further to what Zardoz already posted, I don't know what jurisdiction you plan to be in, in Canada when your husband lands, but for example, BC has a three month wait before you are eligible for medical coverage. So for that time it is up to you to figure out how to cover any bills. I don't know about the other provinces or territories.

Sorry, I know it is another "wart" , but one worth keeping in mind.

 

[zardoz]

Ontario also has a three month wait period after you "land" as a Permanent Resident before OHIP (health cover) kicks in. Some provinces don't have a wait period.

 

[frege]

Nobody else has responded, so I'll give this a shot, warts and all.

Basically yes, you can sponsor him, either from the UK as an "outland" application or from inside Canada as an "inland" application. The only restrictions on an "inland"application is that he would essentially have to be able to remain in Canada for up to 14 months as a visitor. The normal maximum length of stay is only 6 months as a visitor, so this would have to be extended by application. If it's refused, the application would possibly be terminated as in theory he would have to return to the UK. This limitation doesn't apply to an "outland" application, as there is no requirement for the principal applicant to be in Canada at any time during the process. It's also faster via London to get it completed.

In all honesty, (this is the warts bit), you would both be better off with him remaining in the UK under NHS support while the application progresses. You will not automatically get health cover as a visitor and frankly, health insurance is likely to be prohibitively expensive or impossible to obtain.

I have no idea how long your application will take as there are a number of areas that would concern CIC. One is your ability to commit to the mandatory 3 year sponsorship period, given your circumstances. During that time, welfare support for both of you is not likely to be an option, as you will end up paying for it anyway.

Finally, and I can't emphasise this enough, the whole process of applying for immigration back to Canada makes the immigration to the UK look like a walk in the park. It's long, expensive and stressful. You really need to read a lot of the posts on here so that you know exactly what the timelines are and how it has affected people.

I wish it was all "roses and puppies" but it really isn't...

I have a few points of disagreement with this response.

First, Britain has instituted stringent income requirements for bringing foreign spouses to the country. This is a rare case on the forum where we're hearing about a Canadian who is the subject of senseless immigration barriers. This is hardly a walk in the park.

More to the point, it's not true that he would need to be admitted to Canada for 14 months. If he's in Canada legally when you file an inland application, he'll automatically be allowed to stay in the country legally until a decision is made on the application. The only way he'd be kicked out would be if the application was rejected.

Also, when exactly health care is granted depends on the province. Contrary to what has been said, in Ontario this is before landing in the case of an inland application - it's three months after receiving "approval in principle", which is supposed to be about six months after you apply, but has taken longer in recent months.

Here on the forum, I've heard it mentioned that Alberta has very favourable conditions for foreign spouses in this regard. It's been said that they grant health coverage immediately, so long as you intend to stay there for an entire year. (If you leave too soon, you have to pay back the medical expenses.) I don't have direct knowledge of this, but it would be worth investigating.

It's also important to investigate whether he'll be able to continue to receive his British benefits while living in Canada. If not, there will be some question for the visa office of how you will support yourselves once in Canada. I believe that as someone who has not lived in Canada, he will likely be unable to collect OAS/GIS in Canada. I know that some countries have social security agreements with Canada whereunder time in the other country counts towards OAS, but I believe this isn't the case for Britain, and in any event there is a minimum period of residence in Canada. You could collect OAS in Britain after a minimum of 20 years in Canada, however.

My understanding is that receiving OAS and GIS is not in itself a bar to sponsorship. Certainly it indicates you won't be going on welfare, which is what they're really interested in.

If he needs your care and you are facing an immigration barrier, one possibility in Canada is an urgent application on humanitarian and compassionate grounds. In this case, you should consult an immigration lawyer in Canada. You would probably qualify for legal aid based on income. Your best option is probably to receive expert advice at this point.

However, I think you should first look into whether something similar exists in Britain. He is British, and if he needs your help because he's disabled, there ought to be a mechanism to address the immigration problem. I recommend you investigate what possibilities exist with respect to Britain, including speaking to a community legal clinic or an immigration lawyer. A man should not be deprived of the care of his wife in these circumstances.

 

[sydneylee]

I thank you all for your input. I'll address the possibility of my getting back to the UK. It is definitely not a walk in the park. Been there, done that. Three months after we were married...with permission and congratulations and £500 for fingerprints etc..... I was sent a letter telling me I had no right to be in the UK and must leave or fight in court to stay with my husband. Someone at UKBA decided that ours was not a genuine marriage. We fought and won. It was a horrific six months. As I have Limited Leave to remain with no recourse to public funds, my 77 year old disabled British husband had no recourse to public funds as he would, heaven forbid, support me with it. My only recourse was to leave so my husband could have the financial help he needs. Much better the Council should pay for four carers to come in each day to help him start and finish his day and prepare his meals. I will not be granted Indefinite Leave to Remain in November because my sponsor/husband must prove that he can support me. He cannot. The new income requirement does not affect us because the disabled are exempted but nevertheless must prove that support without recourse to public funds is possible. At any rate, I must be in the UK to apply for Indefinite Leave and I cannot be there or my husband will lose his Benefits. Catch-22. All he would be entitled to receive from the UK if here is his state pension, which I'm happy to say almost doubles in Canadian funds. Our income would be low but sufficient, no less than many seniors live on. I am in BC. I have a suite in the home of friends that is wheelchair adapted. Low rent. I have Old Age Pension, Canada Pension, Guaranteed Income Supplement and BC Seniors Supplement. The only financial bar to Spousal Sponsorship is Welfare and undischarged Bankruptcy. I believe we can receive GIS as a couple when he is Permanent. I was told that immediately upon receiving permanent status, he can be put on my BC Medical. We have started the Outland paperwork. But I'm am so frustrated, hurt and angry about the situation. We Skype twice daily and it hurts to see him 'alone'. I should be caring for him and him for me. What has happened is immoral. I don't think the 3-year sponsorship is a problem as I am sixty-eight years old, not quite at death's door yet! Health Care/Medication is the big problem I think...if he came over early. The encouraging bit is the Humanitarian thought. I think I may look into that. Because there really only two possibilities. We live on two different continents or I bring him here. I will also look at Alberta with regard to Medical. I will move there if need be. As with all stroke survivors, my husband fights depression. If we were together, that issue would right itself. If we aren't it will escalate. Sorry for the rant. Just a very difficult time. Thank you again for responding.

 

[Sweden]

Sorry to hear about your situation, it's a difficult one indeed. I don't have much else to offer in terms of situation to the UK, as I don't know the system, and I'm sure you've explored the possibilities.

Immigrating to Canada for him won't be an easy path for sure ( it's not easy for most people, if that can help morally!). You as a sponsor will have to prove that you can indeed support yourself and your husband. AS you have a home, some funds, and he will have some from the UK, it seems feasible. Write a detailed plan, of where you will leave, what you will do to support yourself and your husband, and include all details.

I'm not sure how the medical condition of your husband will play out, but CIC can not refuse a spouse for medical reasons only - unless something very specific.

For BC : since you're already a resident, your spouse can be added and the waiting period should start when you file the PR application, not when he gets to Canada. Most MSP workers don't know about it, so you might have to insist a little about that! but it's worth it, so that when your husband comes as a PR, he is covered right away, and not have to wait the 2 months + remaining of landing month to get health care.

here is the link to the article that you need http://www.health.gov.bc.ca/msp/infoben/pdf/covering-a-spouse-or-child-who-is-an-applicant-for-permanent-resident-status-in-canada.pdf - and you might have to phone to insist and explain the situation.

Good luck,
Sweden

 

[sydneylee]

Thank you so much for the link re: BC Medical. There is a glimmer of hope there.

I am confused about something. I thought that I understood from the guide for filling out the sponsorship forms that we could fill out the forms, both his and mine, and send them in all together...to Mississauga, then Mississauga would send to London. And once the applications were in the works...Mississauga and London, my husband could apply for Temporary Residence and wait for the outcome here with me. Also that in this situation, he could be covered immediately by my MSP coverage (that part is similar to what Sweden has said)

But I have read here and also on the CIC website that I must send mine in first and be approved as a sponsor BEFORE my husband's papers are sent in. I'm concerned about that because my husband goes for his medical this week. Are we jumping the gun? It's not £300 we can afford to waste if there is a time limit and he has to have it done again.

I'm not certain that my original question has been answered. I'm more than overwhelmed so forgive me if it has been. Is there any way that my husband can be here while waiting for PR? Is what I read and explained above, right? Or is there a reason that Inland is the way to go? I know it takes longer for Inland but who cares if we are together anyway. If we do Outland and he has to stay in England throughout the process, and we are refused, we will have spent NO time together. If we are able to do Inland and we are refused and he has to leave, we will have had some time together. I have started the paperwork for Outland but have sent nothing in as yet. I'm afraid to proceed. I want to know ALL the options and there doesn't seem to be a way to find them out.


I will prepare, as suggested, a detailed plan re: housing and income. It is a good idea to show the 'powers that be' that we are considering the financial aspect. I thank you for that suggestion.

I have no doubt that we will prevail but what is the best course to follow? That confuses me completely!

I am certain of this: His medical condition will not be an issue. Our limited financial situation will not be an issue. It looks as though MSP may not be an issue. If we know beyond doubt that we MUST go through the process apart, we will do that. But if there is a way we can be together through the process, that, of course, is the way we will proceed. I am his wife. It is my responsibility and my right to care for him.

So, as my husband says, I can really babble on! In all that, there is only really one question: Can we legally be together through the process? If so, at which point in the process can he come over? Oops, that was two questions!!

Can anyone shed some light please?

 

[canadianwoman]

I am confused about something. I thought that I understood from the guide for filling out the sponsorship forms that we could fill out the forms, both his and mine, and send them in all together...to Mississauga, then Mississauga would send to London. And once the applications were in the works...Mississauga and London, my husband could apply for Temporary Residence and wait for the outcome here with me.

Yes, you send in both forms at the same time to Mississauga for outland. Your husband can come to Canada to visit you without a visa since he is a British citizen. Usually people can stay 6 months, and he can apply to extend his stay at the 5-month mark.
Each province has different rules about health insurance. Alberta has given health coverage right away to people who are applying for a PR as a sponsored spouse, for example. Not sure what BC does.
He can apply outland and yet be here in Canada visiting you. With inland, the applicant has to be in Canada. With outland, the applicant can be anywhere, really.

 

[sydneylee]

Thank you so much. We will continue as we are then. I have filled out my application and will send it to him as it needs his signature too. He is having his medical this week as well as sending in the Police thingy and getting photos. His application is complete and waiting for the medical and police papers. He will send those back to me, I will send to Mississauga with $$$. I understand they take about a month and then send on to London. We wait 'til we know it is in the works there. I assume we are notified? Can someone please tell me at which stages we can find out where we are in the system and how we find out. Once we know that our application has been received in London, we will have a letter or something to prove we are in the PR process. is that right? Then my husband can 'visit' me here for six months. I am assuming he must have a return ticket, is that right? I believe when I show proof to MSP that we are in the PR process, he can be added to my coverage (I will check that out for certain). Then a month before his six months is up, he can apply for an extension. How many times can he do that if more time is needed, heaven forbid? Then the real waiting will begin. But I will be caring for my husband and he will take care of me....as it should be.

Is this scenario correct? If I'm missing anything, can someone please let me know.

 

[canadianwoman]

Yes, that's right.
He can come to Canada at any time, now even. He does not have to wait for the sponsorship approval letter. He has to be clear that he is just visiting Canada, though. Proof of ties to the UK will help - proof of property, a bank account, a return ticket, etc. The border official probably won't ask for them, but it is best to be prepared.
If he does wait until you are approved as a sponsor, he can bring the sponsorship approval letter and state he is planning to visit you in Canada while the application is being processed, and that he knows he has to leave if the application is refused. In this case, he will almost certainly have no problem getting in - many people on the forum have waited in Canada as visitors for the outland PR application to be processed. He can also come earlier, using the fee receipt as proof the application has been sent in.

 

[Sweden]

Thank you so much. We will continue as we are then. I have filled out my application and will send it to him as it needs his signature too. He is having his medical this week as well as sending in the Police thingy and getting photos. His application is complete and waiting for the medical and police papers. He will send those back to me, I will send to Mississauga with $$$. I understand they take about a month and then send on to London. We wait 'til we know it is in the works there. I assume we are notified? Can someone please tell me at which stages we can find out where we are in the system and how we find out. Once we know that our application has been received in London, we will have a letter or something to prove we are in the PR process. is that right? Then my husband can 'visit' me here for six months. I am assuming he must have a return ticket, is that right? I believe when I show proof to MSP that we are in the PR process, he can be added to my coverage (I will check that out for certain). Then a month before his six months is up, he can apply for an extension. How many times can he do that if more time is needed, heaven forbid? Then the real waiting will begin. But I will be caring for my husband and he will take care of me....as it should be.

Is this scenario correct? If I'm missing anything, can someone please let me know.

and to complement the previous answer: once Mississauga has received your application, you are in "Stage 1" - it usually takes a month. That's the part where they examine the sponsor. you might, or not, get an AOR (acknowledgement of receipt) from CIC saying that they have received your application. then, around 30 day mark, you will get either a letter or an email, with your sponsor approval, and telling you that your file has been transferred to London. You will also have a file number, that will allow you to check online... and wait for more news.
London (which was my visa office) is not very good at giving news (that's a euphemism...), and you might not hear anything for another 4 to 5 months. But - there is an outland London VO thread, where you will get support, rant when you feel like it, and in general, just wait in good company! you can see in my signature that London processes quite a few applications within 4 to 5 months, going towards 6 months these days as there is a strike going on.

In the meantime: yes, your husband can come. He should get ready to answer some questions at the border, and being prepared (sponsor approval letter, fees receipt etc.) is the best way to go - lots of people have done that without issues. The MSP part might be tricky to get ( I couldn't get added to my partner's MSP but at that point, I didn't have the article link that I sent you, and the MSP agent kept on telling me that I needed to be a PR first... but it's not true), but there might be a way to bridge that with private insurance if needed.

So - good news is: you can definitely be together, and if you have more questions about the application, don't hesitate to ask!
Good luck,
Sweden

 

[sydneylee]

I'm a bit busy right now having a good cry! Thank you all so very much. I will email my hubby tonight. My goal is to get him here for November....3 months from now (optimistic, I figure, but it's always a good thing to have a goal) And this is why I chose November:

We met online through a dating agency that introduced people with very, very compatible goals and lifestyle etc. It didn't take long for us to meet. We left the site after a few emails and continued to email and telephone for a few months. Then in November 2009, we met in person when he flew to Canada to see me. Poor man, a city boy who had barely been out of London flies for 9 1/2 hours, catches a bus which drives onto a ferry boat to my island, then off the ferry and another long bus ride to my bus depot. He waited to be last off the bus. I thought he'd changed his mind and high-tailed it back to 'civilization'. When he got off the bus he walked up to me and winked and said in front of 20-30 people, "Give us a twirl". I bristled a bit and said "I don't twirl". He winked again and the rest is history.

He stayed for two weeks and it rained every day but one....it was perfect! We returned to London together and married 3 months later. We survived my leaving all things familiar and loved as well as getting accustomed to a foreign country where, although they speak a form of English similar to Canadian, it is nonetheless, a foreign country . We survived the first year of marriage which was difficult for me because I moved into his home of 46 years, where he had married and raised a family and nursed his first wife 'til her death just 6 months before we met. Then we survived receiving a deportation letter from UKBA and the long ensuing fight to stay together. We survived my son's cancer...and so did he. We survived the destruction of my daughter's 23 year marriage....and so did she. We survived a massive stroke together as well as it's aftermath. We will survive whatever comes our way! Thank you for helping me regain hope. I was beginning to crumble. I will be back with updates.

 

[sydneylee]

Another quick question please

Does my husband have to wait for Medical and Police results to add them to his signed application before sending package back to me OR do they (doctor and police) send directly to CIC Mississauga or London office?

Thank you

 

[zardoz]

You should send everything at once. If you don't there is the possibility that the application will be returned unprocessed as incomplete.