Canadian Citizen living and working abroad - needing a spouse visa for my wife

[RichardA22]

I am sure this question gets asked a lot, so forgive me, but there may be a few wrinkles.

I am from British Columbia and moved to Hong Kong in 2011. I met and married a Filipina in 2022. I recently helped her get a multiple-entry tourist visa so that she can finally meet my family and friends. She did the biometrics, etc and was approved.

But my job situation may be changing, and I may have to move back to Canada or take a job in the UAE (I am an English teacher)

I am unsure as to what to do - if I have to return to Canada, is there a way to get her to be able to stay with me while we await the spouse visa process? A tourist visa is only good for 6 months. I read about an open work visa, which I assume lets her extend her stay.

If I move back to Canada, I won't have a job (although I do have fairly significant savings (6 figures) and my house is fully paid off). My wife is a hard worker, and I see so many Filipinos in Canada, so it can't be as difficult to get her into Canada as I am thinking.

It's a bit confusing because I read that you should not apply for one visa if another is going through. So she has her tourist visa, and now I want to apply for a spouse visa before we even go to Canada, but I want to start the Spouse visa because it takes around a year. But I don't want to start that visa if it will mess up our Vacation. My hair is going gray over it. Eesh - back in the old days, you could actually get someone on a phone.

Thanks in advance,

Richard.

 

[armoured]

https://www.canada.ca/en/immigratio...mily-sponsorship/spouse-partner-children.html

Start the application to spnsor your spouse now (this is called an outland application, while applicant outside Canada). You will need to provide some info about your plans to return to Canada. If you're lucky, it will be approved before she comes to Canada - she can work right away.

If it's not approved before that - she can arrive on her tourist visa (I mean when you move - visit before that, see below). She applies for an open work permit (as someone in Canada with a spousal sponosrship in progress). That may take 2-6 months (I just don't know) so she still might get the PR approved etc before the work visa.

There are some small matters (like when she arrives on the tourist visa she may be asked, she is visiting until her PR status is approved, but will leave if needed). Those are minor compared to actually filling out the forms and getting it submitted. Work on that. As you have questions arise, you can ask them here and you'll get more acquainted with the process.

It's not that hard. She may have a period without work visa in Canada. If you both visit for vacation before you move, she'll just tell the truth and show return ticket.

 

[armoured]

Note, there is a sub-forum here for family sponsorship, the vast majority of which are spousal:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/family-class-sponsorship.5/

 

[RichardA22]

Thank you very much for your help. I have looked into the links and will apply via the outland process. Hopefully, we can work in Hong Kong and get it processed, and then once it is, we can move back to Canada.

Cheers,

Richard

 

[canuck78]

Thank you very much for your help. I have looked into the links and will apply via the outland process. Hopefully, we can work in Hong Kong and get it processed, and then once it is, we can move back to Canada.

Cheers,

Richard

As long as you have concrete proof that you will be resettling in Canada that should be fine. Given it has been a very long time since you have lived in Canada it would be easier if you did secure a job in Canada or even relocated during processing. For example as a teacher I assume there is a typical hiring period for the next school year so if your application is being assessed in September for example and you’re working as English teacher it would be more difficult to show that you will be relocating to Canada. If you could show that you had given notice at your current school and had secured a teaching job in Canada for the next school year that would be very helpful. You can always update your file during processing but assume that many teaching position can be secured in spring/summer (Northern hemisphere) for the upcoming year. There is also always the option to relocate to Canada closer to the end of processing if you have not secured a job and update iRCC that you have already moved.

 

[scylla]

I am sure this question gets asked a lot, so forgive me, but there may be a few wrinkles.

I am from British Columbia and moved to Hong Kong in 2011. I met and married a Filipina in 2022. I recently helped her get a multiple-entry tourist visa so that she can finally meet my family and friends. She did the biometrics, etc and was approved.

But my job situation may be changing, and I may have to move back to Canada or take a job in the UAE (I am an English teacher)

I am unsure as to what to do - if I have to return to Canada, is there a way to get her to be able to stay with me while we await the spouse visa process? A tourist visa is only good for 6 months. I read about an open work visa, which I assume lets her extend her stay.

If I move back to Canada, I won't have a job (although I do have fairly significant savings (6 figures) and my house is fully paid off). My wife is a hard worker, and I see so many Filipinos in Canada, so it can't be as difficult to get her into Canada as I am thinking.

It's a bit confusing because I read that you should not apply for one visa if another is going through. So she has her tourist visa, and now I want to apply for a spouse visa before we even go to Canada, but I want to start the Spouse visa because it takes around a year. But I don't want to start that visa if it will mess up our Vacation. My hair is going gray over it. Eesh - back in the old days, you could actually get someone on a phone.

Thanks in advance,

Richard.

You can definitely get someone on the phone however it would need to be an immigration lawyer or a consultant. IRCC doesn't provide advice for individual situations.

I'm not sure it makes sense to do the spousal sponsorship now. It doesn't sound like you are sure you are moving to Canada soon and if you aren't, that may make it quite challenging to be approved since you may struggle to prove intent to reside.

If your partner has a TRV, why not just come to Canada on that TRV once you are ready to really make the move and sponsor her inland for PR? That seems like the simplest path to me.

 

[RichardA22]

You can definitely get someone on the phone however it would need to be an immigration lawyer or a consultant. IRCC doesn't provide advice for individual situations.

I'm not sure it makes sense to do the spousal sponsorship now. It doesn't sound like you are sure you are moving to Canada soon and if you aren't, that may make it quite challenging to be approved since you may struggle to prove intent to reside.

If your partner has a TRV, why not just come to Canada on that TRV once you are ready to really make the move and sponsor her inland for PR? That seems like the simplest path to me.

Yes, it seems I am sort of caught in between - My first choice is to stay in Hong Kong and work for 2 more years and then move back to Canada at the end of that contract. August 2027

But of course I am also not sure I will be hired so I then I want to move back to Canada. So the intent is definitely to move back to Canada but as @canuck78 noted - I might need to have a job lined up.

The issue for me is more around the fact that it takes SOOOOO long for this to get processed.

If I don't get a job, sure, we'll just come to Canada - and she is on a travel visa, but then it takes a year, and she can't work in Canada on a travel visa. But she needs to work to send money home to her family in the Philippines.

This problem will come up in 2 years if I manage to get a contract here. My neighbour, who is also married to a Filipina, told me that I could advertise a job in the paper and then hire her on a work visa - but that seems a bit illegal to me, and I sure don't want to have any issues with the government.

Having a job in Canada is difficult in the sense that I may retire (semi-retire) when I move back to Canada. My house is paid off, and I have a fair chunk of savings, so I am happy with a minimum wage job over teaching. Moreover, it has been fairly difficult to land teaching jobs despite what the media indicates.

I suppose the solution is when the time comes for me to move back to Canada - my wife visits on a tourist visa - apply for an inland spuse visa and hopefully there is some way to "extend her stay" or apply for an "open ended work visa" - which would allow her to stay until the Spouse Visa is approved.

Does this make sense? Surely there is a mechanism for this. I mean, they must know that if it takes a year to process (or longer than a Tourist Visa) they would let married couples be together.

Lastly, I do own a house in Canada so moving back into it probably helps the government know I intend to stay - I can also take out a car loan when I get back etc to show that I am now living in Canada for good.

 

[scylla]

Yes, it seems I am sort of caught in between - My first choice is to stay in Hong Kong and work for 2 more years and then move back to Canada at the end of that contract. August 2027

But of course I am also not sure I will be hired so I then I want to move back to Canada. So the intent is definitely to move back to Canada but as @canuck78 noted - I might need to have a job lined up.

The issue for me is more around the fact that it takes SOOOOO long for this to get processed.

If I don't get a job, sure, we'll just come to Canada - and she is on a travel visa, but then it takes a year, and she can't work in Canada on a travel visa. But she needs to work to send money home to her family in the Philippines.

This problem will come up in 2 years if I manage to get a contract here. My neighbour, who is also married to a Filipina, told me that I could advertise a job in the paper and then hire her on a work visa - but that seems a bit illegal to me, and I sure don't want to have any issues with the government.

Having a job in Canada is difficult in the sense that I may retire (semi-retire) when I move back to Canada. My house is paid off, and I have a fair chunk of savings, so I am happy with a minimum wage job over teaching. Moreover, it has been fairly difficult to land teaching jobs despite what the media indicates.

I suppose the solution is when the time comes for me to move back to Canada - my wife visits on a tourist visa - apply for an inland spuse visa and hopefully there is some way to "extend her stay" or apply for an "open ended work visa" - which would allow her to stay until the Spouse Visa is approved.

Does this make sense? Surely there is a mechanism for this. I mean, they must know that if it takes a year to process (or longer than a Tourist Visa) they would let married couples be together.

Lastly, I do own a house in Canada so moving back into it probably helps the government know I intend to stay - I can also take out a car loan when I get back etc to show that I am now living in Canada for good.

I feel your are overcomplicating if I'm being honest and causing yourself unnecessary stress because you haven't read through the full details of the process.

Once you sponsor her for PR and she received an acknowledgement that her application is accepted (typically about a month after the application is submitted), she can apply for an open work permit and remain in Canada and work while she waits for the application to be processed. This is very straight forward.

 

[armoured]

I feel your are overcomplicating if I'm being honest and causing yourself unnecessary stress because you haven't read through the full details of the process.

Once you sponsor her for PR and she received an acknowledgement that her application is accepted (typically about a month after the application is submitted), she can apply for an open work permit and remain in Canada and work while she waits for the application to be processed. This is very straight forward.

100% this.

The only 'complication' is temporary really - because in your case @RichardA22 - she has a TRV, that's a huge advantage that many do not.

As noted, you can both just come together to Canada when the time comes. If this is before a PR application is done, there'll be some period where she can't work, but only until PR is finalized or work permit (which she'll apply for shortly after the inland application). Some things like not having automatic health care coverage (details depend on province), so short-term health insurance a good idea. Etc.

Although the estimate says 12 months (or so), many get processed a fair bit quicker - so it may be sooner than you expect. (Quebec an exception to this - separate story).

If you end up knowing when you will be returning to Canada to stay, you can apply up to 12 months in advance - and that will let you reduce the inconveniences above. From the brief look above at story, I would not bother doing this now - wait until it's more clear you will be moving to Canada.

But overall - you are overthinking. Go through the apps material, read a bit on here, etc. The application package can seem overwhelming at first, but it's more typical bureaucratic paperwork (with usual language that's not clear at first). Most can get through it in a couple weeks of doing a bit at a time while they chase down and organize the docs they may need for the app.

While parts of it may change between now and when you decide it's time to apply, the spousal sponsorship app and process has been mostly stable for a while now.