I am canadian, wife is German and we might move to Canada in Summer 2024

[dinzdale]

Hello Folks,

I'm not sure why this is so confusing for me. I've had to deal with the immigration authorities in Germany and Australia but I seem to be stuck trying to navigate the Canadian immigration.

I have been living in Germany with my wife and 2 kids since 2016. Our children have their Canadian passports and Citizenship. She is German and Swiss. We are potentially moving to Canada in summer 2024 to live.

Are we allowed to go to Canada while she has a tourist visa and while there apply for permanent residence? I have read about 'Dual Intent', and it might be problematic if she doesn't have a return flight- is this right? are there any CLEARLY written and official resources that I can read about this?

I was thinking of starting the application process now, but the process takes more than a year and I'm concerned if we start the process and it's not completed by next summer, she may be denied her ETA tourist visa.

Everyone in the world complains about the German bureaucracy, but the Canadian paperwork is something else!

Thanks,

 

[TEBI ANYAM PAUL]

Congratulations !

 

[TEBI ANYAM PAUL]

Hi there,
As an elementary school principal in Cameroon, do I have a chance to immigrate Canada?

 

[Sonikell]

Hello Folks,

I'm not sure why this is so confusing for me. I've had to deal with the immigration authorities in Germany and Australia but I seem to be stuck trying to navigate the Canadian immigration.

I have been living in Germany with my wife and 2 kids since 2016. Our children have their Canadian passports and Citizenship. She is German and Swiss. We are potentially moving to Canada in summer 2024 to live.

Are we allowed to go to Canada while she has a tourist visa and while there apply for permanent residence? I have read about 'Dual Intent', and it might be problematic if she doesn't have a return flight- is this right? are there any CLEARLY written and official resources that I can read about this?

I was thinking of starting the application process now, but the process takes more than a year and I'm concerned if we start the process and it's not completed by next summer, she may be denied her ETA tourist visa.

Everyone in the world complains about the German bureaucracy, but the Canadian paperwork is something else!

Thanks,

Imo you can apply now and in all likelihood it should be approved in under 12 months. Most applications these days are processed under 12 months, with a fair number at 6 months(Myself included).

alternatively if you feel like applying as an inland applicant that is also a good choice but partly it would depend on wether she intends to work on not since she would need to apply for OWP inland. However, no work permit would be needed for an approved Outland Applicant.

as for as denial of entry in case of dual intent, I doubt they would do that In your case.

 

[armoured]

I'm not sure why this is so confusing for me. I've had to deal with the immigration authorities in Germany and Australia but I seem to be stuck trying to navigate the Canadian immigration.

It's intimidating. This site is a godsend. It is much less difficult than it seems, you just have to get dug into it.

Are we allowed to go to Canada while she has a tourist visa and while there apply for permanent residence? I have read about 'Dual Intent', and it might be problematic if she doesn't have a return flight- is this right? are there any CLEARLY written and official resources that I can read about this?

Yes, she can. No, there are no clearly written confirmations of this (because CBSA always retains right to refuse entry). If really worried, she could travel on a different flight. Even so, I think chances of being refused entry are rather low in circumstances.

I was thinking of starting the application process now, but the process takes more than a year and I'm concerned if we start the process and it's not completed by next summer, she may be denied her ETA tourist visa.

I'd personally recommend starting now, and applying before. Chances are rather good would be completed before your intended departure - security /background check parts usually somewhat easier for EU/NATO countries. And with current policies, chances of refusal for the ETA are quite low (and moreso entry with a well-advanced application). [Our app was just over 12 months - more complex app for a number of reasons but also married for years with children, and country with more security checks - and covid started a few months into the app, i.e. I'm pretty sure covid added at least three months, possibly six.]

If approved before, your spouse will be done and able to settle in/live/work with essentially all rights of Canadians (except voting and a few other minor things).

And: 90% of the paperwork is the same, and you'll find it easier to collect now. Download the package, start filling stuff out, and iterate - don't worry about stuff that's not clear first time through, fill out the stuff you can. Identify things you need to get (paperwork side). Make a list of the stuff you don't understand as well, informal. Go through again - chances are you will now understand more because familiarity. Keep iterating. Come here to find answers to stuff that stumps you. Don't get frustrated at the bits you don't understand, most of the time it's just terminology.

Start with the checklist, IMM5533. Look at section 7. If you live together, first marriage for both, married for two years plus, and children, you don't have to provide any additional relationship information.

Checklist is (surprisingly) pretty much the most important and comprehensive doc, work through that.

Everyone in the world complains about the German bureaucracy, but the Canadian paperwork is something else!

In my experience, everyone says that about the bureaucracy they're confronting the first time, later it starts to make some sense. The other thing: every bureaucracy in the world has its own pathologies, weaknesses, and problems. They usually also have their own features that mitigate the idiocy (that aren't apparent to those first encountering them).

Once in Canada, the bureaucracy seems a breeze compared to most other places I've lived.

 

[dinzdale]

Hi folks, Thanks so much for your thoughtful advice. We will start picking at the forms now.

I have one more question. We are (kind of) planning to be in Canada in Summer 2024. What happens if we are a year late? (caring for an elderly family member, tying up loose ends, life etc..) What is the limit of having PR approved and when you arrive?

I have seen on this page, If we are outside of Canada together, she will not lose here PR status. This to me is interesting, as we are never 100% sure of our plans. Maybe we live in Canada for a while and want to go back to europe...where is this limitation on this?

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10

You travel with a spouse or common-law partner
Your spouse or common-law partner needs to be:

• a Canadian citizen, or
• a permanent resident working outside Canada, full-time for:
  • a Canadian business, or
  • the Canadian federal, provincial or territorial government

 

[armoured]

I have one more question. We are (kind of) planning to be in Canada in Summer 2024. What happens if we are a year late? (caring for an elderly family member, tying up loose ends, life etc..) What is the limit of having PR approved and when you arrive?

So when your spouse will be issued the documents to land, it will have an expirty date - usually one year after the medical examination. It's important that she 'land' and become a PR before that date. If not ready to move, she can leave the next day basically - usually referred to as a soft landing.

If your permanent move happens later, the residency obligation (must spend 730 days + in Canada in any five year period, which is more easily understood in first five years - from date of landing- as being outside Canada less than 1095 days; the five year period is a rolling one.) So main consequence is potentially having issues with that.

I have seen on this page, If we are outside of Canada together, she will not lose here PR status. This to me is interesting, as we are never 100% sure of our plans. Maybe we live in Canada for a while and want to go back to europe...where is this limitation on this?

The limitation is it's hard to count on, you can't get approval in advance. Here, for example, not clear they'd credit the time together abroad if she didn't actually settle in Canada at all. But after your first couple years in Canada - probably they would. Citizenship easier for what hyou're describing - get it done and forget about it.

 

[Sonikell]

Hi folks, Thanks so much for your thoughtful advice. We will start picking at the forms now.

I have one more question. We are (kind of) planning to be in Canada in Summer 2024. What happens if we are a year late? (caring for an elderly family member, tying up loose ends, life etc..) What is the limit of having PR approved and when you arrive?

I have seen on this page, If we are outside of Canada together, she will not lose here PR status. This to me is interesting, as we are never 100% sure of our plans. Maybe we live in Canada for a while and want to go back to europe...where is this limitation on this?

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10

You travel with a spouse or common-law partner
Your spouse or common-law partner needs to be:

• a Canadian citizen, or
• a permanent resident working outside Canada, full-time for:
  • a Canadian business, or
  • the Canadian federal, provincial or territorial government

We are in a similar boat, but since you are a Canadian outside living with your spouse(like we are) I doubt it would hold much water if we moved to Canada for a few months and moved back to where we are now and say hey.. we moved overseas So please count it as days spent in Canada. As much as I would like it to be true I doubt any official would. The system has to be smarter than that