Canadian citizen working in UK - want to move back to Canada with UK boyfriend

[Jonesy319]

Hi,
I am living with my UK boyfriend and we want to come back to Canada together permanently.

I am a dual citizen, born in England, emigrated to Canada in 1997, became a Canadian citizen in 2003. I moved back to the UK late 2012 to gain working experience to enhance my own business in Canada. I intend to move back to Canada sometime in 2015. (My business is sole proprietorship in the training sector, my website is still live and I keep in contact with my Canadian clients.)

He is going through a divorce and I understand we can't do anything until he is divorced, which should be by the end of this year.

My question is, what is the best way for us to go about getting him over to Canada with me and how long would the process take from when he is divorced? Can we go to Canada first and apply from within? if so what do we need in advance? Will he need a medical and an interview like I did?

Thanking people on the forum in advance for pointing me in the right direction.
Jonesy

 

[Rob_TO]

First off, you need to be officially married or common-law before you can sponsor him.

Even if he's still married on paper, if he's been separated from his spouse and you've lived together for at least 1 continuous year (and can prove it), you can apply immediately as common-law while you are both still in the UK. This does not require a legal divorce.

It's recommended to do an OUTLAND application as the London visa office is very quick (approx 8-10 months). With an outland application in process, he can certainly come and stay in Canada as a visa-exempt visitor. He just won't be able to work until he gets PR status (or can qualify for some other working visa separate from the PR app).

 

[Jonesy319]

Thank you Rob for the reply.

We have been living together in the UK since December 2012 and we can prove it.

Where do I get the Outland application forms from?
Once in Canada how long does a typical PR application take? He wants to work!

Thanks again
Jonesy

 

[Leon]

Thank you Rob for the reply.

We have been living together in the UK since December 2012 and we can prove it.

Where do I get the Outland application forms from?
Once in Canada how long does a typical PR application take? He wants to work!

Thanks again
Jonesy

You can find the application forms for outland here: http://www.cic.gc.ca/english/information/applications/fc.asp

If you apply while you are still outside Canada, you must provide plans to move to Canada when he gets his PR.

Rob_TO already told you about the outland processing times. I'd suggest you apply outland rather than inland even if you do take him with you to Canada because outland through London is faster than inland.

It is not a requirement for outland that he must be outside Canada when you apply.

 

[Rob_TO]

Once in Canada how long does a typical PR application take? He wants to work!

If applying outland he can't work until he gets full PR. As I said, through London that's around 8+ months.

Or if he qualifies he can apply for IEC visa separate from the PR app: http://www.canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience/

Else would need to find an employer in Canada willing to go through LMO/LMIA process to hire him, which costs an employer money and is time consuming so is not a likely possibility unless he has some skills which are in high demand.

 

[Jonesy319]

Thank you both Leon and Rob.

My partner runs his own business in the UK but not with short supply skills so our best approach will be through common law sponsorship leading towards PR.

I know from when I did my Landed Immigrant application in 1996 that once approved I had to present myself to Canada before a set amount of time (within a year after the medical I think).

Because I am a citizen, if we get the common law sponsorship approved is there a time limit on when we'd have to return?

I am asking this because if it came through quickly we might not be ready to go for a few months after - and I wouldn't want to go through it again.

Thanks in advance
Jonesy

 

[Leon]

Because I am a citizen, if we get the common law sponsorship approved is there a time limit on when we'd have to return?

He would get a PR visa and like yourself at the time, he would have to land in Canada in order to activate his PR status before the visa expires. Although you have shown plans to move to Canada when he gets his PR, nobody is actually checking that you actually move. He just has to land before the visa expires and then he can go back to the UK.

In order to keep his PR, he would normally have to live in Canada at least 730 days in any 5 year period, however, time spent with a citizen spouse abroad also counts towards those 730 days.

 

[Jonesy319]

Thanks Leon, I am confused!

I thought the best route was to apply for a spousal (common law) sponsorship as outland status, then once in Canada we apply for the PR status for him. That's what it says on some of the links I have followed, however your reply is talking directly about his PR status.

At this point I don't think applying for PR status before we get to Canada is the right thing to do - based on everything I have read; when I got mine I was younger (in my 30's) and I had specific skills Canada wanted. Although my partner has a successful business over here, his age and the fact that the skills are not in short supply would probably not get him PR status of his own accord. And he's not a millionaire!

Isn't it an easier process because I am a citizen to get him with me through spousal status?

If that is the case, my question is whether, like for the PR status, there's a time limit on the spousal sponsorship status?

Thanks again
Jonesy

 

[Leon]

Thanks Leon, I am confused!

I thought the best route was to apply for a spousal (common law) sponsorship as outland status, then once in Canada we apply for the PR status for him. That's what it says on some of the links I have followed, however your reply is talking directly about his PR status.

At this point I don't think applying for PR status before we get to Canada is the right thing to do - based on everything I have read; when I got mine I was younger (in my 30's) and I had specific skills Canada wanted. Although my partner has a successful business over here, his age and the fact that the skills are not in short supply would probably not get him PR status of his own accord. And he's not a millionaire!

Isn't it an easier process because I am a citizen to get him with me through spousal status?

If that is the case, my question is whether, like for the PR status, there's a time limit on the spousal sponsorship status?

Thanks again
Jonesy

It is not possible to apply for sponsorship without him applying for PR at the same time. The application I linked to is actually a 2 part application, you applying to sponsor him and him applying for PR based on that. You need to fill out all parts of that application, send it in as a package. You will send it to Mississauga, they will process your application to sponsor, once done with it, they will send his file to London for processing of his PR application based on your sponsorship.

You may stay in the UK or move to Canada while you wait for processing (several months). He can however only go to Canada as a visitor until he gets his PR. Once he gets his PR visa, he must "land" to collect his PR status and then he will be able to work in Canada, get health care etc.