Moving back to Canada with foreign wife. Inland or outland?

[jr4210]

Hi everyone,

I'm a Canadian citizen living and working overseas with my wife - we recently got married in Canada this year while on a vacation there. She is not Canadian.

Within the coming year -> year and a half, we are planning to move back to Canada for good to settle down. My wife was given a 5 year multiple entry visit visa this year, basically for the duration of her passport's validity.

After reading countless articles and posts on this forum, I'm still not sure what the appropriate method is for sponsoring her as a PR.

Would anyone foresee any issues, especially at immigration in Canada, if we go there and openly tell them upon landing that we are back permanently, and I plan to sponsor my wife from within Canada? I believe there is an option to sponsor from within the country, so is there a reason why they would get suspicious? If so, then what is the rationale behind sponsoring within Canada?

Alternatively we can start the process from here as an outland application, however I'm not sure how much time we'd be given if (hopefully) it's approved before we have to leave to Canada. Keep in mind we have our jobs here, apartment, everything, basically our whole life is here.

Separate questions - part of the application requires her family members to undergo medical exams. She has a pretty big immediate family (lots of siblings) - can we opt not to do this? I am aware this means she can't sponsor them in the future, but basically is it looked at negatively should we choose not to have them do a medical check up?

For the application from outside Canada - other than the examples they provided in the application form, what would be suitable evidence that I plan to move back for good with my wife if her application is approved? From now I wouldn't have a job offer, I don't own property there either. Would simply stating that we are planning to move back and settle down in Canada suffice? It's hard to show solid evidence.

Another question - if we applied from within Canada, and since we'd both be going there and starting off from scratch, would the fact that I (extremely likely) wouldn't have a job at the time of applying work against me?

Final question - on the outland application, there is an option in the beginning for the Sponsor to have your application returned and refunded if it's denied. It seems both options are similar, just in one case you get a refund. Is that so, or am I interpreting it wrong? Also, the co-signer is quite confusing. I imagine as I'd be sponsoring my wife, there would be no need for a co-signer. Is that right?

Thanks in advance for any help/input/advice.

 

[Rob_TO]

What country is she from? You should apply outland less than 1 year before you intend to move to Canada. If it's time to move and outland PR app is still processing, she can come as a visitor and wait in Canada for PR to finish. No need to wait until you actually move here to start the process.

Only applicant and their children being sponsored need to do medicals. No other family members need to. Siblings/parents are just mentioned for information purposes, they don't need to sign or do anything.

If sponsor is rejected you always want the app returned/refunded, not continued on to visa office (it would just be rejected anyways). Though usually it's a non issue unless sponsor has criminal history or receives social assistance in Canada.

 

[jr4210]

Thanks Rob for your response. She's from the Philippines.

As for doing the application inland, do you think there would be any issue at the border if we openly told them we are moving back for good and will apply from within the country?

So when you say we can move back while the application is under process, I take it that we'll need to present the application documents (emails, receipts etc) to immigration as proof that it's in process?

 

[Ponga]

Just to clarify, Rob_TO did NOT say that she can move to Canada (yet), only that she could visit Canada, while she awaits the decision on her PR application.

She should never use the word "move' or "moving' in the presence of a CBSA officer.

 

[jr4210]

Good point, thanks. I guess that makes the situation a bit ambiguous because the idea is to move back, however if she can only enter as a visitor then that's all we can do in that case.

The original question remains though Would there be any issue with us going back, and telling immigration that we will apply for her as a PR from within the country? I'd be clear that I'm moving back permanently and she will come in as a visitor while we undergo the application process.

 

[Ponga]

Good point, thanks. I guess that makes the situation a bit ambiguous because the idea is to move back, however if she can only enter as a visitor then that's all we can do in that case.

The original question remains though Would there be any issue with us going back, and telling immigration that we will apply for her as a PR from within the country? I'd be clear that I'm moving back permanently and she will come in as a visitor while we undergo the application process.

Nobody can say, with certainty, whether or not she will have issues, but you should read this:
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

She should be prepared to satisfy any concerns that the border officer may have, about her willingness to leave Canada, in the event that her PR is denied.

 

[jr4210]

Would it make more sense then to begin the application from here, then she visits Canada while it's under process, or for her to visit Canada and I begin her application there inland?

 

[Rob_TO]

Would it make more sense then to begin the application from here, then she visits Canada while it's under process, or for her to visit Canada and I begin her application there inland?

It makes absolutely no sense whatsoever to wait until you're back in Canada to begin an inland app.

You have ample time to prepare and submit an outland app within 1 year before you move, which will align her PR approval to around the same time you intend to move here. This is the direction you should be taking.

 

[canuck_in_uk]

It makes absolutely no sense whatsoever to wait until you're back in Canada to begin an inland app.

You have ample time to prepare and submit an outland app within 1 year before you move, which will align her PR approval to around the same time you intend to move here. This is the direction you should be taking.

Agreed. Apply outland now and the process should be close to finished when you actually come to Canada.

Separate questions - part of the application requires her family members to undergo medical exams.

For the application from outside Canada - other than the examples they provided in the application form, what would be suitable evidence that I plan to move back for good with my wife if her application is approved?

Final question - on the outland application, there is an option in the beginning for the Sponsor to have your application returned and refunded if it's denied. It seems both options are similar, just in one case you get a refund. Is that so, or am I interpreting it wrong? Also, the co-signer is quite confusing. I imagine as I'd be sponsoring my wife, there would be no need for a co-signer. Is that right?

As stated in the guide, for the purposes of this application, "family members" refers only to the Principal Applicant's partner and dependent children who are not already Canadian citizens/PRs.

Letters from family/friends confirming the move, contact with real estate agents, job research, contact with schools if you have kids, transferring assets to Canada etc.

If the sponsor is denied, choose to have the app returned and refunded. There is virtually no chance of approval if you select the app to continue processing AND you would lose the entire processing fee. Your wife cannot be a co-signer.

 

[Buletruck]

We had a similar situation. My spouse has a 5 year multi entry visa as well. I returned to Canada in March permanently and she joined me for a 2 month visit. We completed the application and had medicals done here. She went back to Indonesia, got an updated police certificate and other documents and came back to Canada at the end of May. We submitted the application shortly after she returned.
I/we choose outland specifically for the appeal option. Her not working for the time it took wasn't an issue, although keeping her from going crazy during the time was. She enrolled in several short courses that were allowed by Immigration (basic English classes) and some suitable volunteer work that would allow her to keep busy, but not jeopardize her application or the requirements of the TRV. We received the passport request at the beginning of November, and applied for an extension of the TRV in late October. Hopefully it all works out (because they want your passport and pictures (but it's no guarantee that they are going to give you a PR...... :'( ) and just waiting for the results.

 

[jr4210]

Thank you all for the replies, they've been very helpful so far.

Question on the extra documents required. Are they only - employment letter for myself, police certificate for my wife (I assume this is from the Philippines and the country where we currently reside), and a photocopy of our marriage certificate - I can give an original as we ordered multiple copies for cases like this. Am I missing any other documents?

Outland looks like the way to go, and we're happy to start it. About the timing though, let's say by the time we plan to leave the application is still under process, would presenting letters/emails/etc to immigration be proof enough that she's just visiting while we wait for the application? and if so, let's say we're in Canada and her 6 months are up and there's no word on the application yet, can she leave Canada and re-enter without it affecting her PR app?