Going to Canada with a Common Law Application Pending

[buddhadimple]

Hey everyone,

Just a basic question. We applied this month under the Common Law Family Class. We're basically fed up with our lives in England and we really want to go back to Canada for a "break". Basically, we're wondering if we can go on an extended holiday to Canada while we wait for the application to process - maybe 3 to 6 months? I could work and obviously my other half would not be able to. We would have a place to stay and everything. Is that legal? Would we be allowed in to the country? We would honestly have more money to spare with just me working in Canada than both of us working here. Just a thought but need to know if this is possible/legal.

Thanks all.

 

[fenna1]

Hi,

I'm not that experienced yet in all the in's and out's, but we were going to do the same thing. I'm the sponsor and my husband and I want to post the application, wait for the go ahead for me to sponsor and go over there while waiting for the PR. I have never lived in Canada and claiming citizenship through decent, my husband is also a UK citizen.

I have come across similar threads and they suggest that your partner can go over and is UK citizen, so is VISA exempt and can stay for 6 months?? and if you are still waiting for the PR you can have his stay extended, therefore not illegal, but he cannot work.

Hope this helps.

 

[canadianwoman]

Just a basic question. We applied this month under the Common Law Family Class. We're basically fed up with our lives in England and we really want to go back to Canada for a "break". Basically, we're wondering if we can go on an extended holiday to Canada while we wait for the application to process - maybe 3 to 6 months? I could work and obviously my other half would not be able to. We would have a place to stay and everything. Is that legal? Would we be allowed in to the country?

It's perfectly legal. You will definitely be allowed in. Your partner is from the UK, so is visa-exempt, and will therefore most likely have no trouble getting into Canada. H should just say he is visiting Canada at the border; unless they ask specific questions there is no need to mention your application. He'll probably be given 6 months to stay, which can be extended.

 

[buddhadimple]

So if/when he is approved for PR, does he have to return to the UK to show his passport and get his Visa, etc?

 

[fenna1]

As far as I'm aware, or anticipating, you only have to send your passport to the VISA office and don't have to be present. Sounds like were in a similar situation, I can't wait to go either

 

[minna]

So if/when he is approved for PR, does he have to return to the UK to show his passport and get his Visa, etc?

If he is called for an interview, it will be in the visa office through which he applied. If that is the London office, then he may have to return to London for the interview. At that point, if he has been in Canada, if he leaves, his visitor status will be revoked. Worst case scenario, he may have to wait out the time between his interview, and the issuance of his visa (as his passport will be requested by the London office, and he may not be able to travel). If he is not called for interview, he can merely send his passport to the london office, but again, he will not be able to travel between the passport request and when his passport is returned to him - I'm not sure how long that usually takes for the London office.