Immigrate From Japan - Canadian/Japanese (Engaged)

[TheOneMartin]

Disclosure: I just joined this forum, read some useful threads, but there is SOO much to sort through, I am just looking to get pointed in the right direction...

I (Canadian) currently live in Japan (have for almost 4 years now) and me and my fiancee (Japanese) want to move back to Canada next year. (So we have about 14 months ideally).

We are wondering if we should get married here in Japan, or Canada, how it would be easiest for her to immigrate to Canada, how to get the spousal VISA (or if she should get another VISA just to get to Canada then we get married) etc...

Will I have to go to Canada before her (married or not) to get a job first etc.. ?

ARG! There are sooo many freaking questions, I am just looking for some clarity!!!

Thank you to anyone who takes the time to read this. I am aware that this process will take some time, so we wanted to get started on it! THANKS!

 

[amikety]

If your girlfriend is Japanese (holds a Japanese passport) she doesn't need a visa to visit Canada.

Where you get married is up to you 100%. If you're a citizen, you can begin the sponsorship process while outside Canada. If you've lived together for at least 12 months, you can apply as common-law and get married later. (If you get married during the sponsorship, it can delay it slightly.)

You don't need to have a job - but you do need a plan. If you have family that would provide free lodging, ask them to write a letter. You can also show your credentials and what types of jobs are available for you to work as a sample. Same goes for her.

With her being visa exempt, it's very likely she would be allowed into Canada during the PR process to wait out the application as a visitor. If you do this, bring proof of your application (receipt for the fees, sponsor approval, etc).

 

[TheOneMartin]

- My fiancee is Japanese (with passport)

Ok, you say where we get married is up to us, so we can go to Canada as we decided next year while still engaged and get married in Canada, and at that time apply for the visa?

From what I've read, Canada has no fiancee visa (unlike the States). So, would it be more complicated if we got married here (more complicated as in it would delay the process because she would have to wait for the visa..?) or regardless of our marital status (single, engaged, married) she doesn't need a visa to fist come and so we really really can get married at our convenience with no change to the application process...?

Sorry about all the questions... =/

 

[amikety]

There is no longer a fiance visa, but your girlfriend doesn't need one anyway.

http://www.cic.gc.ca/ENGLISH/visit/visas.asp

She can enter on her passport alone.

It would best to have some type of concrete plan, because if the IO feels she's going to overstay her visit, they can deny her entry. She will most likely need to have a return ticket booked to be allowed to enter. It can be a refundable ticket. She'll also need to meet the basic requirements:

http://www.cic.gc.ca/english/visit/apply-who.asp

The chances of her being denied are slim, but she should be able to explain who she is visiting, how long, where she'll be staying, show proof of funds for traveling, etc. I wouldn't volunteer information about the marriage - only talk about that if directly asked. She'll need travel health insurance.

 

[TheOneMartin]

Ok, ok.. and just one more question...

If we got married here in Japan before going back to Canada, I'm sure she'd need a new passport to reflect her new last name, and I'm sure that would come under question at immigration..

Should I be concerned about that?

 

[Rob_TO]

how it would be easiest for her to immigrate to Canada,

As was already asked, have you been living together in Japan for at least 12 months? There is no fiancee class, but there is a common-law class you could apply under if living together in Japan, and you could get everything done before getting married.

 

[canadianwoman]

She only needs a new passport if she decides to change her last name to yours. It is not necessary.
If you have been living together for a year or more, you could apply to sponsor her as your common-law spouse. That way her visa would probably be ready by the time you want to return to Canada. With the PR visa she can work in Canada and get health care.
She can come to Canada as a visitor without a visa, get married here, then send in the application either outland or inland, waiting in Canada, but if she does that she will still be a visitor and will not be able to work (inland gives you a work permit after about 6 months, though the timing varies a lot) or get government health care.

 

[amikety]

Not necessarily!

First, it's becoming more common for women to keep their madien name.

Second, many women choose to use their madien named until after the PR visa is issued. The reason is - it makes keeping the sponsor and applicant apart easier. It actually makes things a little easier on the VO. Plus she doesn't have to wait to get a new passport, driver's license, etc, which could add a few months to your application time. I'm personally in this group. (I live in Alberta and all the women here tell me I can use both names if I want... ) In my opinion, it's actually polite to make things a little less confusing for the VO

So, if you get married in Japan and the IO asks, I would just tell him you're waiting until after the application so she can do all her ID at the same time and to help keep you two apart in the application. I would also bring your marriage cert along with the certified translation - and a receipt for the payment of your PR fee. If the IO sees you're serious about the PR, chances are they will be more lenient. They may even admit her for an extended amount of time.

One thing I would do is check into the police clearance. I don't know about Japan, but it was a two month process for the USA - by far the biggest pain in the rear to get for me. (Others have had much better experience and some countries are much faster, but worth looking into.) The police clearance must be no older than 3 months at the time your application is received at CIC.

http://www.cic.gc.ca/english/pdf/kits/guides/3913e.pdf

Also, your girlfriend/wife will need a medical exam. She can do that in Japan or in Canada. Medicals expire after 1 year, so try to do it last. It cost $180 medical exam, $49 X-ray, $45 bloodwork in Canada (Calgary) for me - costs should be comparable. They do not accept healthcare to pay for the exam. I don't know if it would be better in Japan. You can find a doctor using this page in Canada or Japan and check prices:

http://www.cic.gc.ca/dmp-md/medical.aspx

Once you're married, depending on where you live in Canada, your wife may become eligible for healthcare at various points in the process.

With a passport stamp, your girlfriend will probably be given 6 months (no date written on the stamp means 6 months automatically). If you apply Outland and she needs more time, you can extend her stay using MyCIC online or going to the border to 'flagpole.' It costs $75 to get an extension. If you do it online, she will get mailed a Visitor's Record (if she gets approved of course - with a good application and PR visa in process, it should be easy). I'm a fan of getting the VR, because I needed it to open my bank account. (I opened it alone, if she's joint with you, she may not need it.) If you do the online option, apply at least 30 days before her visit expires.

http://www.cic.gc.ca/english/visit/extend-stay.asp

I think I'm out of random information for now.

 

[TheOneMartin]

Sorry I missed that previous question about how long we've been living together.. we've only been living together about 2-3 months so far, so applying now for the PR visa is out of the question.

Ok, this gives us a lot to consider and talk about.

I can't thank you all enough for such great and reliable information!!

 

[AnaMaria]

If you want to be married to proceed for PR application, I am quite certain, you have to register your marriage in Japan as well even if you get married in Canada. And by doing so, either you or your wife or both will have to change family name. There is no option available to keep separate family names among the married couple. This requires your wife will need to get a new passport to reflect this change.

If you get married in Japan, I think Canada will recognize it.

Since you have long history, as long as you have good evidence, you can get married in Japan and apply for PR as soon as you have all the documents, even if you want to hold a wedding ceremony and reception later on (small family recognition would still be recommended). She should be ready to land next year!

 

[KP1111]

let me add some to AnaMaria. if you are not a japanese citizen, she has a choice of changing her name or not changing. even she wants to change her name to yours (like i did), her new family registry under her name is created with her maiden name and changed to the name of her choice. if she wants to add your name, that is allowed but *space* or *dot* or *hyphen* is not allowed, both have to be simply connected as one name on her family registry and that will be her official name.

she can get a new passport if she wants with her new name and new signature. if she keeps her maiden name, new passport is not needed. or, she can amend her name on the next page of the photo page. i did so because it was only $10 and 1 hour thing. but remember, by doing this, her signature and information on the ic chip cannot be changed and 100% of time for me, self check-in for international flights doesn't work. i have to try with a staff several times to prove the system doesn't work to be allowed to go to a counter.

 

[TheOneMartin]

We've discussed the name issue, and she is planning to take my name, so she will need new documentation, which I assume must be necessary for the visa application process.

Also, since we are both living in Japan now, we will most likely get married here and then apply for the spouse visa outland. So if we travel to Canada while the visa is being processed, will that mess things up? Should we get married here, then she can enter as a visitor and start the process inland?

Like many other couples, we don't want to spend a long time apart if that can be avoided, and from what I read, if she comes as a visitor, she likely can't work or study for the first 6 months or so.

 

[amikety]

Based on the experiences of others I've read here, she will most likely be allowed to wait out the PR process in Canada with you. No one can tell you 100% yes or no because we can't control the individual you encounter at customs... but your chances are good. Just bring proof of marriage, PR application (receipt, AOR, and/or Stage 1 approval), and be prepared how you will support her.

 

[AnaMaria]

When are you getting married? In most cases physical wedding ceremony and registration are two different dates in Japan. If you are planning to return to Canada next year, you have plenty of time to prepare and process. Unless you have some obstacles to register your marriage while you prepare your wedding, I would suggest you register your marriage, get the documents all ready while preparing your wedding and wait in Japan while your application is processed. Then the chance of her landing at the time when you return to Canada is quite high.

If she comes to Canada as a visitor, she cannot work but she can enroll in some program, which lasts less than 6 months, but if you are thinking longer programs or post secondary programs, she won't be able to study without study permit. 6 months you are saying is probably referred to inland application. It is currently about 6 months from the date you send inland application, not the date of her entry.