Moving back to Canada before partner gets PR status

[Jonesy319]

Hi all,
I have posed a lot of questions here and I thank all of you who have responded. Seems I get one question answered then I think of another!

We're in the UK (I am Canadian citizen sponsoring my British common in law partner) and we're about to send the forms off for my approval to be his sponsor and his PR status. I know it can take about a year but - we plan to move back to Canada in August next year.

I know this could be taking a chance in case they refuse him, but questions based on your knowledge/best guess!

~ if we move back to Canada before we hear and he gets refused can he stay with me in Canada as we appeal and would the application get reviewed again under inland?
~ what are the 'regular' grounds for refusal for British sponsored common in law partners?
~ what % of sponsored British common in law partners are refused?
~ has anyone else done this and had issues/been successful
~ when we enter Canada in August do we tell the border security the situation?

Thanks again in advance
Jonesy

 

[brucem]

Hi all,
I have posed a lot of questions here and I thank all of you who have responded. Seems I get one question answered then I think of another!

We're in the UK (I am Canadian citizen sponsoring my British common in law partner) and we're about to send the forms off for my approval to be his sponsor and his PR status. I know it can take about a year but - we plan to move back to Canada in August next year.

I know this could be taking a chance in case they refuse him, but questions based on your knowledge/best guess!

~ if we move back to Canada before we hear and he gets refused can he stay with me in Canada as we appeal and would the application get reviewed again under inland?
~ what are the 'regular' grounds for refusal for British sponsored common in law partners?
~ what % of sponsored British common in law partners are refused?
~ has anyone else done this and had issues/been successful
~ when we enter Canada in August do we tell the border security the situation?

Thanks again in advance
Jonesy

Hi Jonesy,

I'll do my best to answer the questions to the best of my knowledge. However, if you get the application in soon you will probably be completed before August next year based on the most recent timelines for UK applications, as long as there are no red flags in your application.

1. He can stay in Canada only as a visitor and will have to maintain legal status i.e. he will have to apply to have his visitor visa extended after 6 months which he can do online. However, there is a small risk that your partner could be denied entry at the border if the immigration officer suspects that he may overstay. you would need to bring proof of the PR application, receipts of payments and possibly a return ticket home. If he turns up with all his worldly possessions, no return ticket etc you could encounter some problems. If you had any problems with your application an appeal is generally not recommended as this can take far longer, cost thousands when simply you could try and fix whatever problem caused the rejection and then submit a new application.

2. It could be any number of factors as everyones situation is unique, but as long as you have been residing together consecutively for 365 days then you would qualify as common-law. A good solid application with well backed up evidence will make an interview and rejection less likely. Only you will know what 'red flags' you have, if any.

3. I am not aware of any statistics, a few people get asked for additional evidence and a very small amount are required to attend an interview.

4. Many people go back to Canada before the PR is approved.

5. Along with my thoughts above advice is generally varied on what to say and a lot is dependent on the immigration offical that you encounter. Whatever you do dont lie to immigration officals, answer any questions truthfully, make sure you have all your documents and as I said probably best to have a return ticket which you can get refunded once your safely through.

Having a read at the London thread might be useful as there are a lot of people who have been through the whole process there.

Bruce

 

[taffy7]

I can answer some but brucem did a great job + 1 . When he arrives in Canada it will show up on the cbsa website that you have applied for PR. When my husband came at the end of Aug for a visit they asked him for his return ticket and also asked what he was planning on doing with his wife while he was here on vacation. My husband did not tell the officer he was married. So be careful. When you show intent of moving back to Canada make sure you give them enough details to show you can move before that, otherwise they could deny you on the basics that you are to far out of the time frame.Just read a case on the forums that is happened. My husband and i have traveled many times into Canada together and have no problems. I carry both a U.K passport and a Canadian he goes through the visitors and i go through the Canadian side . Lol i always end up waiting for him to pass security wetting my pants.

 

[Jonesy319]

Thank you very much Bruce for your thoughtful and articulate reply.

I have no intention of lying - I can't even do that in every day life I'd be terrified of getting caught - so to do so on a form as important as this would keep me awake every night!

I don't believe we have any red flags: we have been living together for almost 2 years. He's had his police check done and there's no 'live' incidents and the accompanying letter says the Police deem them not important and too long ago. We'll include a cover letter to explain my partner did get arrested for fighting (the hey day of Football in the 80's and 90's in the UK) but obviously nothing since then.

He's had his medical. I have just submitted my Canadian taxes for 2013 (oops a bit late so I'll have to pay a penalty for that) and we have most of the documents together, along with four signed declarations from friends confirming they know of our relationship and it's legitimate. Two of those are from my Canadian friends whom my partner met when he visited me over there before I moved back to the UK, they also visited us over here. The other two are from his English friends.

I have tried wading through the London thread but there's so many pages I figured asking my question on a new thread would yield a faster result.

Thank you again for your reply.

Jonesy

 

[Jonesy319]

When you show intent of moving back to Canada make sure you give them enough details to show you can move before that, otherwise they could deny you on the basics that you are to far out of the time frame.Just read a case on the forums that is happened. .

Thanks Taffy, your last line made me laugh!

Would you mind clarifying for me your comment about 'showing intent' to move back to Canada and enough details to show we can move before that???

We have chosen August 2015 as the move back date for several reasons, 1) our rental agreement goes until then in the UK 2) I still have some things I need to do in my job in the UK which will add greatly to my own business when I get back there.

I still have my business website up and running in Canada and I intend to return to it when I get back and my preparation work to get connected with all my old clients will start in early 2015 - is this the type of information you mean?

Thanks in advance
Jonesy

 

[taffy7]

where are you going to live when you arrive .You need to show a letter from a friend who is willing to let you stay with them when you arrive. Hard to get a lease agreement when you don't know exactly when you coming. Contact real estate people and get quotes for homes in your area and print off emails is another way . If you have children contact schools and print emails . Explain about your business is still up and running and you are making contact with your clientele etc. I didn't have to do this as i am already here but this is what i have read in the forums. They want to know how you are going to support your husband when he arrives .My sister gave me a letter stating that my husband has a job when he arrives, even though i could support him .2 incomes are better than 1 , well for me any way .Just off to work now catch you later.

 

[Jonesy319]

Thanks Taffy that helps.

I do have a friend who is going to put us up until we find a place so I will ask her to write a note stating that.

Appreciate all the help!
Jonesy

 

[brucem]

Cheers Taffy! I forgot to mention even in the worst case scenario and your application was denied and you had to submit a new application you can still apply outland from within Canada as long as he keeps legal status. Never apply inland...just head over to the inland threads to see what that pain feels like! Anyway I'm sure it won't come to that.

Bruce.

 

[Jonesy319]

Thank you Bruce!

 

[taffy7]

with no live trace it means its still on his record. In the U.K it says on your record till you reach 99 years old or you die. My husband had the same from 21 years ago . I sent away for the copies of the arrest documents and court papers just in case they ever ask for them. For me i wanted to have them on hand just in case they requested them . That's just my opinion though. Acro even called my husband to verify it was him .

 

[Jonesy319]

Hi Taffy yes I know it's still on his record - I didn't know we could request copies of his arrest documents.

Did the CIC ask to see your husband's?

 

[taffy7]

No they didn't.Being over cautions. I saw it requested on someones else's application on the forum so i decided to be pro active.

 

[Jonesy319]

Thanks Taffy.
Did you include a letter with your application that stated what the previous arrests were for or did you just include the police certificate as-is with the 'no live' status?

Jonesy

 

[taffy7]

I included a letter of the incidence and just recently sent them the court documents . They had asked for an updated schedule A which after was an error but since i had the police records i decided to include them . I could have made a boo boo including them but we decided or i should say i decided it was best to be open and upfront and they can then see the charges , instead of them requesting them and waiting and waiting. Some would say not in give them any more than they ask for ,but like i said i have seen it in the forums where they have asked for the court document after 20 years.