FEBRUARY 2019 *OUTLAND* SPOUSAL SPONSORSHIP

[patvicto]

Could we just drive to the US/Canada border and then turn around and drive back in order for him to leave and re-enter?

Lol i dont think it work like that ;p as far as i know PA needs to leave to his own country and then take another flight when PR is obtained, but ETA allows him to enter as visitor not working nor study, up to 6 months. It replace a visitor visa for exempt countries.
Does having an eTA automatically mean that I am allowed to enter Canada?
No. An eTA will facilitate your entry into Canada. When you arrive at the border, a border services officer will ask to see your passport or travel documents and ask you a few questions. The officer will then decide if you can enter the country
Can I visit Canada while my application for permanent residence is in process? You are allowed to visit Canada while an application for permanent residence is pending. However, CanadianImmigration Officers will only admit you as a visitor if they are convinced that the visit is temporary and that you will leave Canada at the end of your visit ( thats the part.. if you guys leave australia for
Your new work....(thats most likely settling...) gonna be tricky to convince your PA will return home and then come back.

 

[sbenjy]

Looking for advice... my Australian partner (who is the PA) and myself (Canadian citizen) applied outland in February and are currently living in Australia. We are both moving to Canada at the end of August as I start a new job there in September. My partner has provided all the additional documentation already, including biometrics, police checks, and medical, so theoretically I am now just in the "waiting" period until I get my PPR.

My partner has a valid eTA that will allow him to travel with me to Canada in August, but our application is currently being processed in the Sydney (Australia) Visa Office. I'm crossing my fingers I get the PPR and everything done before we leave, but of course this is not a guarantee. Does anyone know what the protocol is here in terms of what happens with your application if you move while it is being processed? I know I of course have to update them on my address, but given our application is in Sydney, if we don't get a PPR before we leave then will we have to mail it back to Sydney? Or will they transfer our application again?

Also, are there any issues with him entering Canada on at eTA despite not having a return ticket home? Would it be safer to apply for the temporary work permit so that he can remain in Canada until it's processed? I am trying to avoid having to pay for the work permit given the application will be approved by the time he starts working anyways....

I was facing a similar situation and when I called IRCC, I was told that when the PA came in, he would need to update their address via the webform. If a passport request came while he was in Canada, we would need to send it to Ottawa. And he could exit and re-enter via the US or Mexico in order to land. He would not have to return to the home country to get his passport stamped and enter Canada.

Re: entering on an eTA, it is up to the officer at the airport. He can be denied, especially if it looks like he has arrived bag and baggage, and that's the risk you take. Have a convincing story about his plans to return ready. I was planning on buying my husband a dummy return ticket.

 

[Mmyenger]

Hello guys,

We submitted all the docs in april for sponsoring my spouse.
On 18 June we received a medical surveillance undertaking in my cic account with no further instructions..
From what i know people generally receive this along with their copr..
Does anyone have any idea on this?
Would really appreciate if someone can help since we are very confused

 

[LaibaAyub]

Hello guys,

We submitted all the docs in april for sponsoring my spouse.
On 18 June we received a medical surveillance undertaking in my cic account with no further instructions..
From what i know people generally receive this along with their copr..
Does anyone have any idea on this?
Would really appreciate if someone can help since we are very confused

I would share my experience, i received medical instructions same as u, without any copr.. So dont worry.. I guess they hv changed the situation a bit.. Earlier, people get medical request when they r done with everything. But now due to backlogging of lvo, i guess they r completing other stages so when lvo backlog ends, they can trigger only final decision..

 

[Mmyenger]

I would share my experience, i received medical instructions same as u, without any copr.. So dont worry.. I guess they hv changed the situation a bit.. Earlier, people get medical request when they r done with everything. But now due to backlogging of lvo, i guess they r completing other stages so when lvo backlog ends, they can trigger only final decision..

Thank you so much for your reply.. So did you receive the passport request yet it are you still waiting and
How much time has it been since you have received the medical surveillance letter

 

[LaibaAyub]

Thank you so much for your reply.. So did you receive the passport request yet it are you still waiting and
How much time has it been since you have received the medical surveillance letter

No dear, its been two nd a half month, no further instructions after medical passed.. Waiting for file transfer.

 

[Jessieroberts12]

Looking for advice... my Australian partner (who is the PA) and myself (Canadian citizen) applied outland in February and are currently living in Australia. We are both moving to Canada at the end of August as I start a new job there in September. My partner has provided all the additional documentation already, including biometrics, police checks, and medical, so theoretically I am now just in the "waiting" period until I get my PPR.

My partner has a valid eTA that will allow him to travel with me to Canada in August, but our application is currently being processed in the Sydney (Australia) Visa Office. I'm crossing my fingers I get the PPR and everything done before we leave, but of course this is not a guarantee. Does anyone know what the protocol is here in terms of what happens with your application if you move while it is being processed? I know I of course have to update them on my address, but given our application is in Sydney, if we don't get a PPR before we leave then will we have to mail it back to Sydney? Or will they transfer our application again?

Also, are there any issues with him entering Canada on at eTA despite not having a return ticket home? Would it be safer to apply for the temporary work permit so that he can remain in Canada until it's processed? I am trying to avoid having to pay for the work permit given the application will be approved by the time he starts working anyways....

He can enter Canada under dual intent which is for people of a visa exempt country. Dual intent is a valid status to be under and you can find more information on this on the CIC website. It is where you arrive and tell the CBSA officer that you are waiting for your Permanent Residence to be finalized (bring proof of SA, receipts, correspondence etc) and that you want to stay temporarily in Canada whilst you await this. I would highly recommend booking a return flight (there’s ways through the airline that you can make this refundable or “flexible”) as the border agent needs to be certain that he would leave Canada if his PR did not come through, or on time. You also need to show proof of ties to your home country. Now ... this is what they suggest online. It’s very different when you land. They may or may not ask for all of this, it entirely depends on the officer you deal with.
As for landing when his PR comes through, you can either cross the border or you can book an appointment at the CIC centre nearest to you and have your landing interview there. That’s what @JoshC did.
As a visa exempt national, you’re able to stay in Canada for 6 months without a visa so as long as you book a flight for 6 months maximum from the day you land, you should be ok.

 

[samijade14]

What you are looking is called dual intention the issue is if he enters without PR he's considered temporary entry(such as visitor.. and so on) so... when he gets the PR would have to go back to australia And then returning to enter Canada as permanent resident ( soft landing) . Thats all i know about .

he would definitely not have to go back to australia, just cross the border at the states and come back in to canada as a resident...

 

[patvicto]

He can enter Canada under dual intent which is for people of a visa exempt country. Dual intent is a valid status to be under and you can find more information on this on the CIC website. It is where you arrive and tell the CBSA officer that you are waiting for your Permanent Residence to be finalized (bring proof of SA, receipts, correspondence etc) and that you want to stay temporarily in Canada whilst you await this. I would highly recommend booking a return flight (there’s ways through the airline that you can make this refundable or “flexible”) as the border agent needs to be certain that he would leave Canada if his PR did not come through, or on time. You also need to show proof of ties to your home country. Now ... this is what they suggest online. It’s very different when you land. They may or may not ask for all of this, it entirely depends on the officer you deal with.
As for landing when his PR comes through, you can either cross the border or you can book an appointment at the CIC centre nearest to you and have your landing interview there. That’s what @JoshC did.
As a visa exempt national, you’re able to stay in Canada for 6 months without a visa so as long as you book a flight for 6 months maximum from the day you land, you should be ok.

What worries me in this case is this :

Can I visit Canada while my application for permanent residence is in process?

You are allowed to visit Canada while an application for permanent residence is pending. However, CanadianImmigration Officers will only admit you as a visitor if they are convinced that the visit is temporary and that you will leave Canada at the end of your visit

( thats the part.. if you guys leave australia for your new work....(thats most likely settling...) gonna be tricky to convince your PA will return home and then come back.


Unless the PA has a good reason to stay in land ... i mean in this case the sponsor enters Canada cause of a work and PA is following.. that's called a Moving out lol so yup he def need a return flight ticket and some ties to Australia.

 

[patvicto]

he would definitely not have to go back to australia, just cross the border at the states and come back in to canada as a resident...

Well then it's better than i thought but the rest stands.

 

[Janeth7789]

I was facing a similar situation and when I called IRCC, I was told that when the PA came in, he would need to update their address via the webform. If a passport request came while he was in Canada, we would need to send it to Ottawa. And he could exit and re-enter via the US or Mexico in order to land. He would not have to return to the home country to get his passport stamped and enter Canada.

Re: entering on an eTA, it is up to the officer at the airport. He can be denied, especially if it looks like he has arrived bag and baggage, and that's the risk you take. Have a convincing story about his plans to return ready. I was planning on buying my husband a dummy return ticket.

Im not really sure how the ETA works, but how long do you have left before your application reaches 12 months?

Im guessing if your allowed in as a visitor for 6 months and you only have about 3 months for your application reaches the year mark you should be ok.

I think that as long as your allowed to be in Canada for a longer period of time that what the application will take to get resolved there really shouldn't be a problem with your spouse over staying. Also I have read in a ton of cases that they just send the passport to Ottawa and then do soft landing at the US border crossing.

 

[patvicto]

Im not really sure how the ETA works, but how long do you have left before your application reaches 12 months?

Im guessing if your allowed in as a visitor for 6 months and you only have about 3 months for your application reaches the year mark you should be ok.

I think that as long as your allowed to be in Canada for a longer period of time that what the application will take to get resolved there really shouldn't be a problem with your spouse over staying. Also I have read in a ton of cases that they just send the passport to Ottawa and then do soft landing at the US border crossing.

eTA is the same as a Visitor Visa or the equilvalence for Visa exempt countries still, it's not a guarantee of entry.

 

[JoshC]

Looking for advice... my Australian partner (who is the PA) and myself (Canadian citizen) applied outland in February and are currently living in Australia. We are both moving to Canada at the end of August as I start a new job there in September. My partner has provided all the additional documentation already, including biometrics, police checks, and medical, so theoretically I am now just in the "waiting" period until I get my PPR.

My partner has a valid eTA that will allow him to travel with me to Canada in August, but our application is currently being processed in the Sydney (Australia) Visa Office. I'm crossing my fingers I get the PPR and everything done before we leave, but of course this is not a guarantee. Does anyone know what the protocol is here in terms of what happens with your application if you move while it is being processed? I know I of course have to update them on my address, but given our application is in Sydney, if we don't get a PPR before we leave then will we have to mail it back to Sydney? Or will they transfer our application again?

Also, are there any issues with him entering Canada on at eTA despite not having a return ticket home? Would it be safer to apply for the temporary work permit so that he can remain in Canada until it's processed? I am trying to avoid having to pay for the work permit given the application will be approved by the time he starts working anyways....

You should be fine to take your partner to Canada, I came over in April from England and had no Issues.

Here's a good write up on 'Dual Intent': https://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Can_I_wait_in_Canada_while_my_application_is_being_processed:_Dual_Intent

Dual Intent is definitely easier to accomplish if you are from a visa exempt country as you only need to get an ETA. The most difficult part for non-visa exempt applicants is getting a TRV (temporary resident visa).

My experience

I prepared the following documentation using the guide above:

• A copy of the receipt.
• A copy of the sponsor approval.
• A screenshot of ECAS showing the application is in process.
• Proof of funds to support yourself without working.
• A return flight (I just booked a small trip back to the UK for 2.5 weeks to visit family with my daughter).

I walked up to the border agent with my declaration and the conversation pretty much went like this:

• Border Agent (BA) - How long are you staying for?
• Me - 149 days.
• BA - Can I ask why for so long?
• Me - I'm coming under Dual Intent as I'm currently in the middle of my application for permanent residence. I have documents to support this if needed.
• BA - No, that's fine.

He then stamped my passport and sent me through.

Looking at your current timeline, you'll be a good six months into the process by August, and the ETA will take you through to the following February and hopefully, you'll be all wrapped up by then.

When you move, update CIC with your address change. Once the PPR comes, you'll need to send the documents to CPC Ottawa as they process PPRs for anyone living in Canada. With regards to landing, you can either flagpole at the Canada / US border or you can call CIC an arrange a landing appointment at your local office. I just completed my landing at my local office yesterday and it took two weeks for them to confirm my appointment, which was scheduled for a further two weeks later. It saved me driving 5.5 hours to the border so I was happy.

If you want to chat about this, you can join the discord or PM me.

@Jessieroberts12 @patvicto

 

[Rajesh27]

Hi,
Can any one advice me on how long it takes to get your Canadian visa stamped from India after submission of passport.

 

[jc123]

I was facing a similar situation and when I called IRCC, I was told that when the PA came in, he would need to update their address via the webform. If a passport request came while he was in Canada, we would need to send it to Ottawa. And he could exit and re-enter via the US or Mexico in order to land. He would not have to return to the home country to get his passport stamped and enter Canada.

Re: entering on an eTA, it is up to the officer at the airport. He can be denied, especially if it looks like he has arrived bag and baggage, and that's the risk you take. Have a convincing story about his plans to return ready. I was planning on buying my husband a dummy return ticket.

Thank you!

You should be fine to take your partner to Canada, I came over in April from England and had no Issues.

Here's a good write up on 'Dual Intent': https://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Can_I_wait_in_Canada_while_my_application_is_being_processed:_Dual_Intent

Dual Intent is definitely easier to accomplish if you are from a visa exempt country as you only need to get an ETA. The most difficult part for non-visa exempt applicants is getting a TRV (temporary resident visa).

My experience

I prepared the following documentation using the guide above:

• A copy of the receipt.
• A copy of the sponsor approval.
• A screenshot of ECAS showing the application is in process.
• Proof of funds to support yourself without working.
• A return flight (I just booked a small trip back to the UK for 2.5 weeks to visit family with my daughter).

I walked up to the border agent with my declaration and the conversation pretty much went like this:

• Border Agent (BA) - How long are you staying for?
• Me - 149 days.
• BA - Can I ask why for so long?
• Me - I'm coming under Dual Intent as I'm currently in the middle of my application for permanent residence. I have documents to support this if needed.
• BA - No, that's fine.

He then stamped my passport and sent me through.

Looking at your current timeline, you'll be a good six months into the process by August, and the ETA will take you through to the following February and hopefully, you'll be all wrapped up by then.

When you move, update CIC with your address change. Once the PPR comes, you'll need to send the documents to CPC Ottawa as they process PPRs for anyone living in Canada. With regards to landing, you can either flagpole at the Canada / US border or you can call CIC an arrange a landing appointment at your local office. I just completed my landing at my local office yesterday and it took two weeks for them to confirm my appointment, which was scheduled for a further two weeks later. It saved me driving 5.5 hours to the border so I was happy.

If you want to chat about this, you can join the discord or PM me.

@Jessieroberts12 @patvicto

This was SO HELPFUL!!! Thank you!!