Length of Time After Approval

[shaunrowsell]

Hey guys,

I've asked a few questions on here and have received some incredibly imnportant answers, so a massive thanks to everyone who takes time to read posts and answer back -- very selfless and awesome of you.

So my wife and I (married 3 years) currently live in the UK, and have for the past 5 years. I am a born Canadian citizen, she is British. We are moving back to Calgary on Nov 30 and are currently going through the visa applications now. We are roughly 90% through and I was wondering if it is too soon to send off the application? We would ideally like to get it out of the way and know that everything is ok to give us room to make further, concrete plans, along with allowing room for any error with the application and processing time.

I guess what I am asking is once approved, is there a time limit placed on how long you have after to enter Canada?

Many thanks (again!)

Shaun

 

[shaunrowsell]

Bump

Sorry -- have spent hours scouring the net and can't find one single thing. Really hope someone is in the know...

 

[shaunrowsell]

One last bump...


Anyone at all? I've honestly looked everywhere! I'll send chocolates to anyone who replies... ;D

 

[RYIT]

Are you applying for permanent residence?

If you are applying for permanent residence the expiry of the visa/COPR is generally 1 one year from the date of when they medical exam was completed OR when your passport expires, whatever comes first.

For example I received my COPR at the end of May 2014 and it doesn't expire until April 2016, so I don't HAVE to land until April 2016.


Or you can land, leave again if you have to and come back later.

 

[shaunrowsell]

Hey RYIT,

Thanks so much for your response, really appreciate it!

I guess we will be applying for permanent residence alongside the visa -- is this a separate application? Realistically, we have been married for 3 years, lived together for 5, been together for 7, so it's all genuine and have loads of proof. We're just wanting to re-locate to Canada due to a job offer for myself and just overall more space.

If we apply using the Family / Spousal route, does that not include permanent residency?

Also, just so I have it straight, with your COPR lasting a year, does that mean you can only reside in Canada for one year? Or does it mean that you just need to initially enter Canada sometime in that year?

Hopefully this all makes sense, thanks for helping me

 

[RYIT]

Are you applying for permanent residence via inland or outland?

From reading your previous posts you are applying for permanent residence as a married couple (which is correct).

After a persons application for permanent residence is approved they receive a visa stamp in your passport if they are from a non visa exempt country and a COPR if you are from a visa exempt country (I think this is where the confusion about the visa is coming from).

You said your wife is a british citizen which is visa exempt, so she will not need a visa stamp. Your wife will have a COPR (Confirmation of permanent residence) paper mailed to her and this is what she uses to complete her landing in Canada with the immigration officers. After her landing is completed she will receive a permanent residence card roughly 2 months later (this is the current processing time.)

Once you are issued a COPR you have up to the expiry date listed on it to complete your initial landing. After you complete your initial landing you are a permanent resident of Canada so there is no limit as to how long you can stay in Canada. You have to renew your Permanent residence card every 5 years.

 

[MilesAway]

You send in both parts of the application, the sponsor's part and the applicant's part, together to Mississauga. When the whole thing is processed and completed, the applicant will get their COPR in the mail. If the applicant requires a visa, then they would get a request to send their passport in so that CIC can affix a visa, along with the COPR.
The COPR is not valid for a year. It can be, but it can also be valid for 2 weeks. It's one year (usually) from the date you did your medicals. Some people have received their COPR and had one week to land.

You need to enter Canada (land) before the COPR expires. After that, you will be mailed a PR card, which is valid for 5 years.

 

[shaunrowsell]

Hi RYIT and MilesAway,

Thanks so much (my wife sends along her thanks as well!)

We are applying outland, as we still reside in the UK. That really clears things up -- so we're ok to go ahead and submit the application now, if we are planning on leaving in November, as we should have a year to do so. She still had the medical assessment to go through, but it's a huge help knowing that we can do it all now and prepare for November, rather than wait for a while.

Though after the response from MilesAway, now I'm not too sure about the length of time you get to land after receiving the COPR. How can the time limit vary from 1 week to 1 year, and what would this be based upon? How are you supposed to arrange flights, moving items, jobs, etc if you are (potentially) only given one week from the time the COPR is received, and you are not given a specific date in which you will receive your COPR, obviously due to processing times, any errors, etc.

 

[RYIT]

As I have already mentioned : the CoPR is valid for the remainder of the Medical results validity or the applicant's passport expiry date...whichever expires sooner.

Some people are only given one month, or one week because by the time their application is done being processed/approved either their medical or passport is about to expire.

For example I am a December applicant and was given one year as an expiry for my COPR because I had just completed my medical in April 2015. There was another December applicant who's medical was completed in July 2014 so even though she just received her COPR a few days ago it expires in July 2015 because that is the one year date from when her medicals were completed.

I would submit the application now if I were you. Currently the processing times say it is on average 56 days for sponsorship approval and if you file gets sent to London for the second stage processing the current average processing time is 28 months. (Although I think according to the London thread some people are having their applications processed in 8-12 months, you could ask specific questions about the London VO on that thread)

So you might as well get moving on it now.

 

[MilesAway]

The time limit varies because of the date you did your medicals.

Let's say person does their medicals in June 2015. They submit their application in July, and get really lucky, and are finished in November 2015. Their visa/COPR would be valid until June 2016.

Person B does their medicals in July 2015, submits their application in September, because they forgot to get their police checks. Their application is finished by early July 2016. Their visa is only valid until the end of July 2016 (because they did their medicals at the end of July 2015).

 

[shaunrowsell]

Brilliant, thanks so much to you both. Incredibly helpful.

Now one last one and I'll leave you guys alone! If we get the application out in July along with Police Checks and Medical (as per your example, MilesAway), and the COPR takes longer than we hoped, is there any way for us both to move to Canada on Nov 30th while waiting for Cheryl's (my wife) COPR to be approved? Even if there are stipulations, such as she cannot work, etc. Is this possible, or must we wait until the full COPR comes through?

Thanks

 

[RYIT]

You can move to Canada and she can accompany you as a *visitor*. Since she is from a visa exempt country she is allowed to visit Canada for 6 months at a time. She cannot work when she is here. If her PR application is not approved before her 6 month visitor stay in Canada is up she will have to return to the UK in order to maintain legal status in Canada.

Although if you are bringing everything you own with you when you come it will be harder to prove that she has intentions to go back to the UK at the end of the 6 months if her PR application has not be approved.

 

[shaunrowsell]

Ahhh, I see. Yes, it will definitely be a bit difficult to prove that. And I take it as the customs border, that they won't really accept that we're waiting on her application to come through and she will be a visitor?

Does the info:

Effective December 22, 2014, eligible spouses or common-law partners have the opportunity to work in Canada while they wait for their application for permanent residence to be processed.

from the top of the website:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

Only apply for those who are applying inland?

Thanks again!

 

[MilesAway]

That is only for spouses you applied inland. (The work permit I mean)

It's up to you to prove to the CBSA officer that you won't overstay. Showing up with all your things, having sold your house and quit your job, doesn't really give the border guard the impression that you're a visitor.

 

[Evadyrrehs]

You can move to Canada and she can accompany you as a *visitor*. Since she is from a visa exempt country she is allowed to visit Canada for 6 months at a time. She cannot work when she is here. If her PR application is not approved before her 6 month visitor stay in Canada is up she will have to return to the UK in order to maintain legal status in Canada.

Although if you are bringing everything you own with you when you come it will be harder to prove that she has intentions to go back to the UK at the end of the 6 months if her PR application has not be approved.

His wife does not need to return to the UK after a 6 month stay. She can apply to extend her stay as a visitor and will have implied status while she waits for the decision.. If she has a PR application in process and all seems well, there is almost no chance that she will not be granted a extension to stay in Canada as a visitor.. Just by default while awaiting a decision and especially if you applied for the extension by regular mail, you can expect an extra 2-3+ months of stay in Canada with implied status legally while awaiting the verdict etc.

Shaun,
You and your wife imo should get the criminal check done, the meds done, fill out all the forms and make sure they are all complete, up to date, and signed. Pay your fee's in full and submit your application asap so the long wait can start and worry about the other stuff later.. When your wife travels to Canada make sure to only use the term Visiting not Living or Moving, and have a back up plan just in case etc..

My wife has been granted two visitor extensions, once before we we married and the other just recently as we have been awaiting the PR process etc. If they allow your wife into Canada without a stamp or paper that limits her stay, she automatically will have a 6 month stay by default which is more like a 8-9+ months stay if you apply to extend her stay as a visitor by regular mail around the 5 month of her initial stay..