Just Starting and Need Help please..

[MikeJ]

I am Canadian and am married to a South Korea. We have been married for 3 years, and we have a 1 year old son. We have lived in Korea since we have been married. We have decided to move to Canada (this has always been the plan). My son is both Korean and Canadian, however my wife is only Korean. I have a few questions about applying for her PR in Canada.

1). We both live and work in South Korea. It says that I may sponser her, but that I must show evidence that I will move to Canada directly after she gets her PR. I am a certified Canadian teacher, and we will be moving to Canada as soon as she gets her PR, but how do I prove this? I will have no job lined up because I do not know when her application will be approved. We will not be able to book plane tickets and other things as well for the same reason. What should I prepare to prove our imminent move?

2) I have about 10,000 in student loans. I have no other debt. We will have about $60,000 in savings when we move but no jobs lined up. Will this be a problem?

3) We will have no house. We will likely stay with my parents until we can find a place to rent/buy. Will this be a problem?

4) I do not pay canadian taxes because I currently work in South Korea. Will this be a problem?

5) Should we hire a lawyer to help us out or is it possible to do everything by ourselves?

6) I know every case is different, but what do you think the chances of us being denied are? I know we don't have the ideal situation, but I really hope we are able to get this for her so my family can live in Canada together.

Basically if anyone can give me any information on what to expect from the process that would be great. I am new to this and would like to apply within 6 months, but want to start getting things in order now. . Any tips/pointers would be greatly appreciated!!

 

[steph816]

Hmm...tough questions! Maybe someone can help u more...

I had to provide a notice of assessment from revenue Canada as proof of income, had to get a letter from my employer stating my hours of work and salary. Maybe just show your last year's income from Korea and bank statements showing how much you have in savings. Have your parents write a letter stating you will live with them rent free or whatever?

Lawyer will be maybe $3000. You can do it yourself as long as you do it carefully n keep posting on here, you get lots of help.

Clearly your marriage is bona fide. Your challenge will most likely be with you being approved as sponsor. Still, have all documents ready- bills n stuff in your names, photos, letters, etc...
Good luck!

 

[Sweden]

I am Canadian and am married to a South Korea. We have been married for 3 years, and we have a 1 year old son. We have lived in Korea since we have been married. We have decided to move to Canada (this has always been the plan). My son is both Korean and Canadian, however my wife is only Korean. I have a few questions about applying for her PR in Canada.

1). We both live and work in South Korea. It says that I may sponser her, but that I must show evidence that I will move to Canada directly after she gets her PR. I am a certified Canadian teacher, and we will be moving to Canada as soon as she gets her PR, but how do I prove this? I will have no job lined up because I do not know when her application will be approved. We will not be able to book plane tickets and other things as well for the same reason. What should I prepare to prove our imminent move?
hey Mike J, first of all, welcome! it's difficult to prove that you will be moving, but you can try several things - letters from friends and family saying that they know about your intention to move to canada, you can also make a plan of what you need to do to move out of Korea - administrative steps, notice period for your employment , for your house, the step you intend to take when you will move to canada - write an explanation on what you have thought about, what you have considered - CIC wants to see that you have a real intention to move, and I am sure that you have already started looking into it, where will you be staying for the first months, etc... as many proofs as possible.

2) I have about 10,000 in student loans. I have no other debt. We will have about $60,000 in savings when we move but no jobs lined up. Will this be a problem?
I know there is a minimum income for children sponsorship, but it should not apply to you as your child is already canadian, so you are only sponsoring your spouse, and for that you have no minimum income requirement. You cna state that you have savings, and add that to your plan on how you will relocate to canada so CIC sees that you are prepared.

3) We will have no house. We will likely stay with my parents until we can find a place to rent/buy. Will this be a problem?
no, most likely it is not, it's the case for a lot of people. Just get a letter from your parents stating that they agree to host you until you find something to rent/buy, it will only reinforce the fact that you are planning to go to Canada.

4) I do not pay canadian taxes because I currently work in South Korea. Will this be a problem?
just explain why you don't pay taxes, and maybe include your last payslips from Korea so they have an idea of your income, and don't hesitate to make a detailed explanation of what it is, how it relates to the cost of living in korea etc...

5) Should we hire a lawyer to help us out or is it possible to do everything by ourselves?
unless you have a very complicated case, you can do it by yourself. it takes time, energy, can be a bit overwhelming, but it's feasible, this forum is a great place to come for help, and support. most of us have done it on our own, and it works.

6) I know every case is different, but what do you think the chances of us being denied are? I know we don't have the ideal situation, but I really hope we are able to get this for her so my family can live in Canada together.
very difficult to say, but if you have a genuine relationship ( and a son is probably a good proof, although not enough), you prepare well your file, and have a serious intention to move to canada, and have no criminal offence etc, there are good chances that you will be accepted - jsut take the time to put together a solid application, read and re-read the guidelines, ask questions whenever you are not sure, organise your application and be very systematic about it, and it shoudl be fine - of course, I am not an immigration officer, but it's feasible!

Basically if anyone can give me any information on what to expect from the process that would be great. I am new to this and would like to apply within 6 months, but want to start getting things in order now. . Any tips/pointers would be greatly appreciated!!
you can start by reading the first post, and you have a wealth of information on the forum, including how to organise... but don't get scared by the lenght of application - each case is different. Some people send 500 pages of proofs, some only 20, so don't judge on the other applications, just build your own case, and you should be fine! it takes time, and energy so it's a good idea to start collecting things now. it currently takes almost 3 months for stage 1, and Seoul is 9 months, so you are looking at more or less 12 months before getting the visa... of course it can go quicker, but patience is key to the process, so be prepared!

one tip - depending on how long it takes to get an appointment for the medical exam in Korea, try and leave it for the last minute, as there is a one year expiry on it - it has been recently extended but not systematic. Concretely, it means that you have one year to "land" once the medical has been done, so its best to leave it as close to sending your application as possible.

Good luck, and don't hesitate to ask if you have further questions!
best,
Sweden

 

[Isometry]

I am Canadian and am married to a South Korea. We have been married for 3 years, and we have a 1 year old son. We have lived in Korea since we have been married. We have decided to move to Canada (this has always been the plan). My son is both Korean and Canadian, however my wife is only Korean. I have a few questions about applying for her PR in Canada.

1). We both live and work in South Korea. It says that I may sponser her, but that I must show evidence that I will move to Canada directly after she gets her PR. I am a certified Canadian teacher, and we will be moving to Canada as soon as she gets her PR, but how do I prove this? I will have no job lined up because I do not know when her application will be approved. We will not be able to book plane tickets and other things as well for the same reason. What should I prepare to prove our imminent move?

This one I'm a bit fuzzier on, so hopefully someone can expand a lot more, but anything that shows your plans to move to Canada and settle there. You can show things like:
-Proof that you're looking into schooling/daycare options for your son
-Your plans for physically moving, including quotes from moving companies if applicable
-Letter from your parents saying that you will stay with them until you have a job
-If you have friends/contacts in Canada that could help find a job for either you or your wife, documentation of this
-Documentation that your teaching certificate is still valid, and perhaps start scoping out schools to potentially teach at

2) I have about 10,000 in student loans. I have no other debt. We will have about $60,000 in savings when we move but no jobs lined up. Will this be a problem?

No. CIC doesn't care if you have debt; they care that you won't be living on welfare. The $60,000 in savings can be shown as part of your plan to support yourselves when you settle in Canada.

3) We will have no house. We will likely stay with my parents until we can find a place to rent/buy. Will this be a problem?

No, but get a letter from your parents stating this.

4) I do not pay canadian taxes because I currently work in South Korea. Will this be a problem?

No, probably not. There's been many other applicants in your situation.

5) Should we hire a lawyer to help us out or is it possible to do everything by ourselves?

Unless you have a horribly complicated case, you should be able to do everything on your own. Most of us did. Keep coming back and asking for advice when you are stuck, though This forum is awesome

6) I know every case is different, but what do you think the chances of us being denied are? I know we don't have the ideal situation, but I really hope we are able to get this for her so my family can live in Canada together.

Basically if anyone can give me any information on what to expect from the process that would be great. I am new to this and would like to apply within 6 months, but want to start getting things in order now. . Any tips/pointers would be greatly appreciated!!

Reasons people are denied:
1. Sponsor isn't actually eligible to sponsor--Assuming that you are a Canadian citizen, and not a PR yourself, this should be fine.
2. Marriage isn't genuine--Shouldn't be a problem, especially since you've been married/living together for 3 years and have a kid. Just make sure you document that.
3. Applicant is inadmissible--This would be if your wife has a medical condition that would be a danger to others (like TB) or a criminal history that barred her from entry.
4. For your situation, sponsor/spouse do not show plans to move back to Canada--This is really the only one that might get you. Make sure you flesh out your moving/settling plans quite a bit, and document everything. Does your son have a Canadian passport?

 

[MikeJ]

Wow, thank you guys so much for the info. This is a great resource! My son does not have a Canadian passport, but is a Canadian citizen. He has a South Korean Passport because it was easier and cheaper,malus it was good for 5 years where a Canadian one would only be good for 2.. Should I apply for a Canadian passport for him? I thought it wouldn't matter cause he can enter Canada on his Korean passport, but stay in the country based on his citizenship? Maybe I am mistaken...

 

[Isometry]

I think you'll still need some proof of Canadian citizenship for him, found this on how to get citizenship certificates: http://www.cic.gc.ca/english/resources/publications/proof.asp I'm not sure whether South Korea is visa exempt, or whether he'd need a Canadian passport. Hopefully someone else with more experience can jump in.

 

[Galip]

What should I prepare to prove our imminent move?

2) I have about 10,000 in student loans. I have no other debt. We will have about $60,000 in savings when we move but no jobs lined up. Will this be a problem?

3) We will have no house. We will likely stay with my parents until we can find a place to rent/buy. Will this be a problem?

If you get a job offer from Canadian employer this would be great.

You have good evidences to pursuade the immigration officer to move back to Canada such as your child is a Canadian citizen, your parents are in Canada and you'll stay with your parents when you go back to Canada. Get a notarized letter from your parents stating this matter.

You could also mention you choose to move back to Canada for your child's education. You could get a pre-enrollment letter from a nursary school from your province.

In your case another good evidence would be moving your savings into Canadian bank account. If you have a good credit, you may apply for pre-mortagage approval certificate. This will explain that you are thinking to move back to Canada and settle there.

Good luck!

 

[mobeyk]

Wow, thank you guys so much for the info. This is a great resource! My son does not have a Canadian passport, but is a Canadian citizen. He has a South Korean Passport because it was easier and cheaper,malus it was good for 5 years where a Canadian one would only be good for 2.. Should I apply for a Canadian passport for him? I thought it wouldn't matter cause he can enter Canada on his Korean passport, but stay in the country based on his citizenship? Maybe I am mistaken...

Get for your child a passport and if you have not done yet proof of the citizenship. This both can be seen as proof of your intention to move back to Canada. Write your plans down in detail how you want to reestablish in Canada. The more you show that you thought things through the better. Its kind of like you imagine your move and think through what you intend to do once in Canada. Gather information on the things you would do once here, like your Jobsearch, where you would stay for the start, how you would support your family, details of your research you have already done.

 

[scos]

I thought it wouldn't matter cause he can enter Canada on his Korean passport, but stay in the country based on his citizenship?

I don't think this would be allowed. The passport you use to enter a country affects how that country treats you. I know someone who has dual citizenship in Iran and Canada. She wants to visit relatives but her Iranian passport has lapsed. If she uses her Canadian one she will be treated as a foreigner there but with an Iranian one she will be "a citizen". It is the same with other countries. If your son comes to Canada as a South Korean he will be a "visitor".

As I understand it, any help you need in a foreign country also depends on the passport you use. If I go to the US on a Canadian passport I can get help from the Canadian embassy. If I also have a US passport and use it instead, then the Canadian embassy would not be able to help me as I am in the US as a US citizen.

So if you want your son here as a Canadian with no hassles then he really does need that passport.