in or out - help a confused Brit!

[adfletch83]

Hi all,

I'm happy to say that finally my Canadian fiancé is now my wife! Wedding celebrations are over and it's time to look to the future. I'm British and want to settle in Canada so we can again live together (we lived together in Asia for 2 years). However, ideally we'd like to have another year working in Asia rather than be stuck apart. Our dilemma is, do we:

1 - Apply outland, so I can travel and in the meantime, myself and my new wife work and live in Asia and live together whilst the application is being processed in Mississauga and London VO (boo 28 months!!!). Then come back to Canada when I'm approved.

or

2 - Give up on (or postpone) Asia, apply for sponsorship inland and apply for the Open Work Permit at the same time and hope that it comes through ok. However, I can't really leave the country and we have to remain here until PR. Also, if I do this. Do I enter Canada on a tourist/visitor visa, then apply for this whilst residing at my wife's place?

Is there any reason that either of those wouldn't be possible? Which is best?

Thank you so much in advance. Adam

 

[Celandrius]

I could be wrong, since my application wasn't from the UK, but I think the processing time for the UK is only like maybe 10 months...? I could be wrong though, it'd be wise to check the forums for your timeline. Definitely Outland though if you plan on still working in Asia.

 

[mikeymyke]

First of all, I know it says 28 months for London VO, but the reality is that if your spousal application is complete and have strong documentation, your actual processing time will be far less, around 6-10 months.

Secondly, one of the requirements for sponsoring a foreign spouse is that the couple have to show they both intend to live in Canada on a long term basis. Having been living in Asia for 2 years, and now wanting to work another year in Asia, might make it seem like you both are not serious about residing in Canada. I personally have a friend who lived in Japan for 2 years with his common law partner, but was refused because they were unable to show they intend to reside in Canada long term.

If your main concern is not wanting to be apart, the best option would be for you to apply outland, and then simply enter Canada as a tourist, and stay there until you get your PR visa, and apply for a visa extension if need be. Also, you guys need to show lots of documentation detailing your plans to live in Canada and that you don't plan on living abroad.

 

[Oak]

Hi all,

I'm happy to say that finally my Canadian fiancé is now my wife! Wedding celebrations are over and it's time to look to the future. I'm British and want to settle in Canada so we can again live together (we lived together in Asia for 2 years). However, ideally we'd like to have another year working in Asia rather than be stuck apart. Our dilemma is, do we:

1 - Apply outland, so I can travel and in the meantime, myself and my new wife work and live in Asia and live together whilst the application is being processed in Mississauga and London VO (boo 28 months!!!). Then come back to Canada when I'm approved.

or

2 - Give up on (or postpone) Asia, apply for sponsorship inland and apply for the Open Work Permit at the same time and hope that it comes through ok. However, I can't really leave the country and we have to remain here until PR. Also, if I do this. Do I enter Canada on a tourist/visitor visa, then apply for this whilst residing at my wife's place?

Is there any reason that either of those wouldn't be possible? Which is best?

Thank you so much in advance. Adam

Hi Adam,

1. Outland: Like you said you could travel, and if you get refused, you can definitely appeal your case.

2. Inland: No travel outside of Canada recommended, you get Open Work Permit (OPW), cannot appeal case if your application get rejected.

I applied for Inland Sponsorship in April 2014. My timeline is as below. Hope it can help you a little. My entire application took about 1 year and 4 months.

- April 11, 2014: CPC Mississauga received application

- August 7, 2014: Acknowledgement Of Receipt (AOR) received via email

- January 9, 2015: OPW in status, due to the pilot programme

- June 21, 2015: Medical check up requested, police check and provincial marriage certificate

- June 26, 2015: Medical results received

- July 15, 2015: Police check and provincial marriage certificate received

- August 14, 2015: Approved In Principle (AIP) and application completed, both at the same time via email

- August 19, 2015: Local visa office requested landing interview via email

- August 21, 2015: Landing interview letter received in mail

- September 4, 2015: Landing interview appointment at 9:00am

 

[mikeymyke]

Oh and also, with outland, your processing time is very fast.

 

[adfletch83]

- January 9, 2015: OPW in status, due to the pilot programme

Thank you buddy,

Do you think mine would be quicker then as the pilot scheme is still in effect?

Thanks Mikeymyke, that's a good thought actually. I'd have to ensure that we both can SHOW that we're intent on living in Canada after the process. I just thought going away would make it easier as we can be together while application is pending, however I don't want that to actually hinder the application.

- September 4, 2015: Landing interview appointment at 9:00am

Good luck

 

[adfletch83]

If your main concern is not wanting to be apart, the best option would be for you to apply outland, and then simply enter Canada as a tourist, and stay there until you get your PR visa, and apply for a visa extension if need be. Also, you guys need to show lots of documentation detailing your plans to live in Canada and that you don't plan on living abroad.

Just to be clear, if I did come to Canada as suggested above, I'd not be able to work right?

Thanks again

 

[Oak]

Just to be clear, if I did come to Canada as suggested above, I'd not be able to work right?

Thanks again

Hi,

You are only able to work in Canada only when you have a work visa. So if you come in as a visitor, you can't work. And you also have to satisfy the visa officer at entry that you don't have to work and not going to work illegally to sustain yourself, not going to overstay illegally, and is a genuine visitor.

 

[canadianwoman]

Your outland application will not take 28 months. The London visa office recently took over applications from Pakistan, and it is those applications that caused the timeline to shoot upwards. Applicants who are UK citizens are processed much more quickly, on average.

If you wanted to be together and work, going back to Asia could be OK. But your wife would have to provide a lot of evidence that she is planning to move back to Canada.

I would advise against inland simply because, as a UK citizen, you can enter Canada without a visa, and the timeline for UK citizens to get PR is not bad. With an inland application, it is not advised to leave Canada.

 

[adfletch83]

Your outland application will not take 28 months. The London visa office recently took over applications from Pakistan, and it is those applications that caused the timeline to shoot upwards. Applicants who are UK citizens are processed much more quickly, on average.

If you wanted to be together and work, going back to Asia could be OK. But your wife would have to provide a lot of evidence that she is planning to move back to Canada.

I would advise against inland simply because, as a UK citizen, you can enter Canada without a visa, and the timeline for UK citizens to get PR is not bad. With an inland application, it is not advised to leave Canada.

Thank you for this. I think it's the initial 'OMG 28 MONTHS!?!?!?' that had brought questions to my mind, but as you guys seem to think it'll be a lot quicker then I'm pretty set on the outland route. I just want to avoid being apart from her for so long which is one of the reasons we wanted to go to work abroad together. :-\

 

[Aquakitty]

Thank you for this. I think it's the initial 'OMG 28 MONTHS!?!?!?' that had brought questions to my mind, but as you guys seem to think it'll be a lot quicker then I'm pretty set on the outland route. I just want to avoid being apart from her for so long which is one of the reasons we wanted to go to work abroad together. :-\

That's fine, but again, make sure you show a ton of proof that you all intend to reside in Canada (place to live, letters from family, Canadian bank accounts, your job plans etc) as this is often the cause of delays when they ask for additional documentation.

 

[adfletch83]

That's fine, but again, make sure you show a ton of proof that you all intend to reside in Canada (place to live, letters from family, Canadian bank accounts, your job plans etc) as this is often the cause of delays when they ask for additional documentation.

Thanks. Obviously I don't yet have a Canadian bank account or assets as I've only ever been a visitor when I've been here, but would it be enough to show that she has her account still open and maybe she's sending any savings from Asia home to her savings account? Any maybe include correspondence with family talking about coming home and include examples of job applications we're filling out? I can't help but feel this would delay things. We'd live with her parents until we got jobs and moved out, too.

Thanks again guys.

 

[Lammawitch]

Thanks. Obviously I don't yet have a Canadian bank account or assets as I've only ever been a visitor when I've been here, but would it be enough to show that she has her account still open and maybe she's sending any savings from Asia home to her savings account? Any maybe include correspondence with family talking about coming home and include examples of job applications we're filling out? I can't help but feel this would delay things. We'd live with her parents until we got jobs and moved out, too.

Thanks again guys.

That's a great start. Do a search for posts by Schnookololy both on this board & at britishexpats.com. She's more or less *the* spousal sponsorship guru, & has done it herself.

HTH.