How to influence time of immigration / time to land

[ESUJ]

Hi guys! I need your help and advice again

Some background: My Canadian husband and I are currently living in Germany but are planning to move to Canada preferrably the first half of 2017. We will get a baby in June 2016 and I will have to finish my Ph.D. studies next year too. So it would be almost impossible to move there earlier due to the young age of the baby and my Ph.D. Also, it would be good to know some months in advance when we will actually move to Canada (takes a lot of organization and preparation etc).

We haven't filed the application of my permanent residency yet, but are in the stage of collecting everything. I haven't done my medical examination yet.

Reading through this forum I have realized that it is very hard to assess how long the entire process will take - between several months to several years I've read, which is very inconvenient for planning - we have a life here too We have thought of a way how to move to Canada earlier if it takes too long (with a Working holiday visa), but what if the process is "too quick"? Is there a way to extend the time to land??? We won't make it before the beginnings of 2017, ideally spring... could I try to extend the time to land by filing my Med's later- not with the initial application? Can that be done? Or is there another way to explain the situation (will they expect us to move with a newborn?) to extend the time to land/ is there always the option to just redo the Meds (I know it's expensive) and then have another year to land?

I would just feel sooo much more relaxed if I felt like I could at least somewhat plan all this... or is this really totally up to chance?

Thanks so much for your help!

 

[sashali78]

It is possible to do medical checks only when it will be requested by the visa office instead of doing it upfront. It will delay your application. Its also possible to do your landing on the last day of your medical or passport expiry, whatever comes sooner. I would not mess with Cic and let my medical expire after Copr. I also think that given the long and cumbersome sponsorship immigration process as it is, you should not try to delay it. You might just shoot yourself in the foot. I think the better way would be to let the process be done as fast as it can, then fly to Canada with your husband, do your landing and come back to Germany to finalize your studies and your move.

 

[Gemini020]

Considering you're pregnant now and haven't done the medical yet, you might have to wait with the application anyway. There is an x-ray part and even if you're willing to risk it, I've heard some doctors won't do it. Considering you want to move in 2017, I would wait with the application till after your delivery. If your application isn't approved by the time you want to move, you can go as a visitor or working holiday visa.

 

[canadianwoman]

I agree with the above. Wait until after having the baby to do your medicals. Your husband has to include proof he will be returning to Canada in the application - if you are not going to go to Canada until spring 2017, waiting to apply right after the baby is born might be better timing anyway. If your PR app is not finished processing in the spring of 2017, you can enter Canada as a visitor anyway.

If you do apply now, you can wait to do your medical and send it in later. They might wait to start processing your application when the medical is received, though, in which case you might as well send in the app later.

If you do apply earlier and get the PR visa earlier than you want to move, you can just go to Canada for a short vacation, and land at that time. Then you can go back home and finish your education. You do not have to stay in Canada from the day you land - there is some time you can be out of the country without losing your PR status (you have to be in Canada for 2 years out of every 5 to keep your PR status).

 

[SamHom]

I agree with the above. Wait until after having the baby to do your medicals. Your husband has to include proof he will be returning to Canada in the application - if you are not going to go to Canada until spring 2017, waiting to apply right after the baby is born might be better timing anyway. If your PR app is not finished processing in the spring of 2017, you can enter Canada as a visitor anyway.

If you do apply now, you can wait to do your medical and send it in later. They might wait to start processing your application when the medical is received, though, in which case you might as well send in the app later.

If you do apply earlier and get the PR visa earlier than you want to move, you can just go to Canada for a short vacation, and land at that time. Then you can go back home and finish your education. You do not have to stay in Canada from the day you land - there is some time you can be out of the country without losing your PR status (2 years out of every 5).

The last part is wrong. You can be out of Canada up to 3 out of 5 years.

 

[ESUJ]

Thanks a lot all of you!

Well, that's good and bad news.

I had thought when I "land" this will have to be my definite move there. So what is this landing process all about then? What's the procedure?

However... I definitely wasn't aware that I can't do the (entire) medicals if I'm pregnant (I definitely don't want to do the Xray at this stage...) This will massively delay the entire process anyway.. Maybe I will be able to enter Canada on a working holiday visa in 2017 then- for this one I don't need medicals do I?

While I'm at it- does anyone of you know how it will be with the baby? With a Canadian father we can get a Canadian citizenship for it, correct? So I won't have to apply for PR for the baby, do I?

 

[canuck_in_uk]

I had thought when I "land" this will have to be my definite move there. So what is this landing process all about then? What's the procedure?

However... I definitely wasn't aware that I can't do the (entire) medicals if I'm pregnant (I definitely don't want to do the Xray at this stage...) This will massively delay the entire process anyway.. Maybe I will be able to enter Canada on a working holiday visa in 2017 then- for this one I don't need medicals do I?

While I'm at it- does anyone of you know how it will be with the baby? With a Canadian father we can get a Canadian citizenship for it, correct? So I won't have to apply for PR for the baby, do I?

Landing is when you officially become a PR. You are not required to move to Canada at that time. Many people land and then return to their home country to settle their affairs.

You wouldn't require a medical for a Working Holiday Visa. You can submit the outland app after the baby is born and come to Canada on the WHV. Once the PR app is approved, you can flagpole at the Canada-US border to land as a PR.

As soon as the baby is born, apply for his/her Canadian Certificate of Citizenship. Once you are ready to travel to Canada, you can apply for a limited validity passport even if the certificate hasn't been processed yet.

 

[SeulDansMonBocal]

Hey guys,
If she lands and go back won't she need her PR to come back in? Mine took 60ish days to received. That something to take into account in your planning.

 

[canadianwoman]

They ask at the border what address you want it sent to (it has to be in Canada). So she can just use the address of a friend or relative, who can then send it on to her.

 

[ESUJ]

Yeah this shouldn't be a problem then. However if our application gets so much delayed because of my pregnancy and medical exam, I might even have time to settle everything here in Germany (and maybe even move to Canada) before I get my PR.

I talked to my husband about it. We will probably still apply soon and do the medical exam after the birth... (I will let them know I'm pregnant) I don't think I will be in the mood to organize the entire application with a newborn; and it should still be quicker hopefully, as they already will have started to process the application (at least my husbands application to sponsor I guess).

Thanks for your advice!

 

[IrisSphere]

Yeah this shouldn't be a problem then. However if our application gets so much delayed because of my pregnancy and medical exam, I might even have time to settle everything here in Germany (and maybe even move to Canada) before I get my PR.

I talked to my husband about it. We will probably still apply soon and do the medical exam after the birth... (I will let them know I'm pregnant) I don't think I will be in the mood to organize the entire application with a newborn; and it should still be quicker hopefully, as they already will have started to process the application (at least my husbands application to sponsor I guess).

Thanks for your advice!

The one thing I would suggest is double checking your country specific checklist. A lot of times, upfront medicals are a requirement (i.e. like in South America), and without it they could return your full application without starting to process. Again this depends on the visa office, so you may have a choice to do it later. Good luck!

 

[sashali78]

The one thing I would suggest is double checking your country specific checklist. A lot of times, upfront medicals are a requirement (i.e. like in South America), and without it they could return your full application without starting to process. Again this depends on the visa office, so you may have a choice to do it later. Good luck!

Upfront medical as well as police certificate are actually a requirement for ALL spousal applications if you look at the checklist, however, there is a wide consensus that you can provide those later in the process when requested by CIC and I don't believe there were cases when applications were returned because of that. Are you aware of any cases that applications were returned?

 

[ESUJ]

But what if I explain the situation of WHY I cannot do the medical exam now? Or would it be better then, to do it upfront without the X-ray, and submit that one later?

 

[sashali78]

But what if I explain the situation of WHY I cannot do the medical exam now? Or would it be better then, to do it upfront without the X-ray, and submit that one later?

You can do either way, the end result would be the same - at some point of time you will receive a request from CIC to complete your medicals. The medical request will most likely come as part of AOR2 from your VO, together with any additional requests they may have from you. This will happen approximately 2-3 months after you file your application and you will have 30-60 days (depending on VO) to complete their requests. If you still cannot do the Xray by that time you will have to include explanation of your situation (again).

 

[Majromax]

But what if I explain the situation of WHY I cannot do the medical exam now? Or would it be better then, to do it upfront without the X-ray, and submit that one later?

You can explicitly request and receive an X-Ray deferral as a pregnant applicant. See section 4.6.1 of the Panel Physicians' handbook for the process. Essentially, you go through everything but the X-Ray, and then complete the X-Ray after delivery.

This is an understood and explicitly permitted deferral, so it should not cause any risk of rejection on your application. (It obviously can't be fully processed until after the X-Ray.)