Dual citizenship: entering versus WP application - Advice needed please

[l.luci]

Hello all!

I did a lot of research on the forum, found some things, but not exactly my case.

I am brazilian, but I also have italian citizenship. I lived in Canada (as a brazilian) from Dec-2013 until Dec-2014, when my visa expired. I went back to Brasil, spent the holidays with my family and used my italian passport to come to Canada again to be with my fianceé (full time student here in Canada). We got married here in Canada (already received our Marriage Certificate), and now I will apply for an open work permit as his spouse. But I want to apply as a brazilian. So, two questions:

1st: should I apply directly (for myself), or should my husband apply (as a student, for his spouse)
2nd: should we choose "within" Canada or "outside" Canada, considering there's no stamp on my brazilian passport?

Thank you all!

 

[Lammawitch]

You are the applicant.

I'm not understanding your reasoning for using your Brazilian passport rather than the Italian one: surely the latter (visa exempt) makes the application process much simpler? Can't you just "flagpole" (with appropriate documentation, of course) at the border with the Italian passport? Or am I completely misunderstanding the process?

 

[l.luci]

Hello, Lammawitch.

Thank you for your reply. I wanted to apply with my brazilian passport because even though I have an italian citizenship, I'm brazilian and this is my primary citizenship. Also, when I lived here in 2014, I came as a brazilian. And I know it doesn't show on the marriage documents, but when we got our marriage license to get married here, we used our brazilian documents for record.

So do you recommend I apply with the italian one?

Thank you again!

 

[Lammawitch]

If I were you, in my personal & entirely inexpert opinion only, I'd go with Italian passport/citizenship. I'd flagpole.

 

[l.luci]

Thank you again, Lammawitch.

Sorry for my ignorance, but I didn't really understand "flagpole".

 

[Lammawitch]

With a visa-exempt passport, you may be eligible to apply for & get a spousal open work permit at the border. This is known as "going around the flagpole", hence "flagpoling", for those already in Canada.

If you are within easy travelling distance of the border, & meet requirements, & have v-e passport & the necessary documentation (your spouse's study/work permit etc), it's easy.

 

[l.luci]

Ow, now I got it! ;D

Thank you very much, Lammawitch!

 

[Lammawitch]

Ow, now I got it! ;D

Thank you very much, Lammawitch!

You are very welcome . I hope my comments helped (I am not an expert!).

 

[iamjanie30]

What is your husband's status in Canada? Is he a Permanent Resident or Canadian Citizen?

 

[Lammawitch]

What is your husband's status in Canada? Is he a Permanent Resident or Canadian Citizen?

Hello all!

... my fianceé (full time student here in Canada). We got married here in Canada (already received our Marriage Certificate), ...

 

[l.luci]

My husband is an international student (not a canadian citizen, neither permanent resident). He holds a study permit & a work permit until Nov2015. In Aug2015 he (we) will extend it, since he has two more terms to complete to graduate at college. Right now I hold a visitor status that expires in Oct2015.

I'm doing a lot of research to see if flagpoling applies to my case, since the only cases I found are for PR recentrly approved. I'm trying to find everything I can to make sure I don't waste a trip to Niagara... :/