Is this possible?

[AlexS]

Hi everyone,

Since the CHC in London hasn't been able to answer what I feel to be a very straightforward question, I was hoping one of you might be able to tell me.

I have recently received my PR visa but have until 12th Jan 2010 to land.

My fiance and I would like to visit Canada for 2 weeks in May before I officially land.

A few questions have resulted:

QUESTION 1

Am I allowed to visit as a TOURIST for a couple of weeks before I officially land???

Has anyone else done this or do I have to fill out further application forms so that I can re-enter Canada but as a PR?

QUESTION 2

Can my husband (by that point) stay with me in Canada as a TOURIST (so that we don't have to be separated for months on end right after our marriage), while I apply to sponsor him as my spouse and he applies for PR status.

Has anyone else done this?

QUESTION 3

Of course once I am married my name will change - HOWEVER, I will need to get a new passport and my visa will be in my old passport.

Any ideas how I get a PR visa transferred to a new passport??


Your help would be hugely appreciated.

 

[mitamata]

Oh, a tough one. Hopefully somebody with more experience will come along for this.

Just wondering though. Why would you want to delay landing? I don't see the benefits. And I doubt you can do it, if you already have the PR visa in your passport.

 

[JKM]

Not possible

 

[AlexS]

So my husband would not be able to stay in Canada as a tourist for up to 6 months with me after I have landed and we start the sponsored spouse application forms?? As British citizens I don't see why he wouldn't be allowed to remain in Canada as a tourist - he doesn't have to have a Temporary Resident Visa to be allowed to do this.

I cannot land any sooner as we are getting married in the summer and we both have jobs that we cannot leave immediately. We also need to get as much money in the bank as possible if we are unable to get work.

 

[Mrs.BWL]

I'd pop over to the britishexpats.com folks as they know quite a bit about going to and from Canada. I'll give the questions a go anyhow. As Brits, you don't need a visa to visit Canada for less than six months so that helps.

1) I am not sure about this, but I think I have read about people visiting but not landing. You can leave Canada after you have landed though (on the next flight if you so desire) so that might be an option for you. The only tricky part would be figuring out an address for your PR card.

2) People do stay in Canada while applying outland through London. London isn't too slow. Our papers only took 3 months there (pop over to trackitt and check out some timelines). He will have to go back if there is an interview and I think he will have to extend his stay here if it goes over what he is allowed as a tourist. He also won't be able to work. EDIT: Definitely speak to some more experienced folks as I'm not sure about how you go about actually entering the country as a visitor when you clearly plan on staying (i.e. you have a spouse here). People do it, but I'm just not sure of the details.

3) No idea. It must be possible though. Maybe check out the CIC website.

 

[AlexS]

Thanks everyone.

Mrs BWL - the other option I was thinking was that he could stay with me in Canada until my PR card comes through. I gather this takes about 2 months.

Perhaps I could use my brother's address for the PR card until we have bought our own place??

Then once I am back in the UK (no job though), we can start the Family spousal application process??

 

[Mrs.BWL]

I think it's about 30 days according to CIC for new PR cards (it's on the processing times page). You can use your brother's address if that's where you'll be staying.

My advice is to ask the britishexpats folks as they would more than likely have some experience with these questions. Some people there have flown over, landed and headed straight back to the UK, so it is done.

You should read the family class guides and manual 2 (http://www.cic.gc.ca/english/resources/manuals/op/index.asp) to figure out whether you can actually sponsor your spouse while you are outside Canada (I believe only citizens can be outside the country while sponsoring someone). EDIT: This means you'd probably have to be in the country while sponsoring him. So one potential route (and this is JUST an example off the top of my head) would be for you to land and settle and then start the sponsorship application. He could either come with you or join you later I guess (you'd need to research this). Keep in mind that you need to allow a couple of months to actually put the papers together and gather your evidence.

 

[AlexS]

Thanks Mrs BWL - I have submitted the same questions to Britishexpats.com.

Will just have to see what they say!

 

[welshiess]

Mrs Bwl - did your husband visit you in Canada while the applicaiton was in process?

If so, did he have any difficulties at the airport?

Thanks!

 

[Mrs.BWL]

He did visit actually (for the holidays) just after the PR application went to London. We had applied for his TRV (he's South African) before we actually submitted our sponsorship application as you have to book Christmas flights early if you don't want to sell a kidney. At the airport, they were stickier. They had two people interview him, but he had a copy of the receipt, a copy of the sponsorship approval letter, a TRV visa that was expiring in 2 weeks and a return plane ticket. They were convinced he would leave and they let him in.

 

[frolic]

I would be careful of getting married before you land too. If he was your Your husband now he might have to be examined as part of your current application before you land, or he could be deemed ineligible to be sponsored. So if you get married before you land you might run into issue.

And really no this is not straightforward.

 

[Mrs.BWL]

Ditto what Frolic said. You have to take whether he should actually be included on your current application into account (i.e. is he already your common law partner etc).

 

[btblue]

I say you should land as a landed then if you wish to go back for a visit then you go right ahead. Beacuse landed and visitation are 2 different applications.

I think if you go and make these request it will diffintly dely ur process.

As far as you husband to be: as he is visiting you may want to apply for his landed immigratant/ as a Spouse. but even with that, there may be a minime time you need to stay here In canada before you can request to spouncer someone else.

But you need to land first then you can go back and visit with Travels documents..... to ur home
Your husbad may come visit you after you become a landed immigrant and you may request for him to have a Perminint residence. (which point you should have been married)
Because you may request for his visia to extend if there is a way there

hope this helped

welcom to Canada whenever you get here..... it a great land to be living in ( i hope ....

 

[AlexS]

Does anyone know how long I can remain in the UK after I have landed?

I understand that I can only be outside of Canada for 2 yrs out of 5, but when does this rule kick in?

I am only going to Canada for 2 weeks as a reccee trip and to land.

Can I stay in the UK until after me and my fiance have married in early July?

Confused.

 

[Leon]

The 2 out of 5 years rule kicks in on the day you land and it's actually 2 in Canada, 3 outside. After you land, there is no problem going back to the UK to stay for a few months.