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Moving to Canada from Japan with Japanese Wife - Best Options?

MrPatton

Newbie
Jun 9, 2016
3
0
Hello, I've been directed to this forum by someone on Reddit.

I have a situation that seems atypical enough that I can't find specific answers anywhere, and am hoping someone here can set me straight. Summary of my situation:

I'm a natural Canadian citizen and have resided outside of Canada in Japan since September 2011. I have no residential ties to Canada as defined by Revenue Canada, with the possible exception of my parents residing in Canada. My wife is a Japanese national. I met my wife in Canada and began our relationship in 2007 and we married in 2012. We would like to move to Canada as soon as possible and it seems the only option is for me to sponsor her residency (Japan has renewable spouse visas for me, which are both nice and a pain in the ass at the same time).

After thought and some discussion with someone who went through the immigration sponsorship process in the past (though not from Japan), it seems like I have two options:

1) Apply for sponsorship/immigration outland from within Japan, then move with my wife once she receives her PR status.

2) Fly to Canada with her, taking advantage of her eTA 6-month visa-free visit, then apply for inland or outland from within the country and wait until it is approved.

Regarding option 1, I am unsure about a few things. My wife being Japanese is visa-exempt. Is it likely that we can apply outland and immediately move to Canada, wherein she waits out the process while I work and support her (not even necessary, thanks to savings and my parents)? Do we have to wait until my sponsorship is approved first? I understand that as of December 2014 people can legally work while waiting for their immigration approval. Would that apply in her case? Is it only for people who applied from within Canada? I have heard that Japanese nationals automatically receive a one-year work visa now upon entry, but I can't verify this. Can any of you? All I can see is that she gets 6 months, renewable at least once, thanks to the eTA system. Either way, it looks like her being Japanese might ease the entire process somewhat. Any truth to that statement?

Regarding option 2, I do not wish to risk anything that might deny her application. If we go on a vacation (say, 6 months to stay with my parents), then apply from within Canada, are they likely to view that as deception and deport her? Could she be turned away at the border simply for being married to me, if we state intent for a long visit? If I declare that the reason of application from within Canada is because I found a job and my wife was invited to stay by my parents (will be true on both accounts), will that take care of any such concerns?

Some secondary information that may be of use when forming advice:

1. I am presently "unemployed" in that I resigned from my office in Tokyo and moved up to my in-laws' house with my wife last year. We now receive room and board in exchange for helping on their farm. We have no other income. It isn't the standard definition of employment by today's standards. We do have about $14,000CDN equivalent in yen saved, if that means anything. Is my highly unusual employment situation likely to cause problems? If so, how should I go about explaining it? I noticed on the sponsorship application form they have a section for Unemployed (explain how you support yourself) and a section for Employed. My father-in-law is kind of like my employer, even though he owns no business, I signed no contract, receive no salary and don't consider him my boss. His phone number doesn't fit on that form, as it's designed for Canadian numbers. Should I go with "unemployed" and say I get room & board for farm labour and have savings?

2. My wife has been to Canada before. She spent a year (working holiday) back in 2007-2008, which is when we met and began our relationship. She has also traveled there on two other occasions. Not sure if that is relevant in any way. She speaks English at an upper-intermediate level, if that is useful information.

3. We have no children - no need to worry about that.


A few assorted questions I'll post here to keep this from being too messy to read:

1. In the case of a 4-year marriage to a Japanese national where I've lived in Japan with her, is it less likely that CIC will suspect our marriage and call for an interview? I've been approved for spouse visa renewals several times by the draconian and notoriously bureaucratic Japanese government. Should I include photocopies of my old ID cards with my previous visa expiration dates to prove that I've satisfied Japan with my marriage, or would that be irrelevant? We do have plenty of pictures from the past 9 years together, although we had a private wedding in Hawaii and we only have pictures of her with my parents - none featuring me with hers. I'm of the opinion that they won't question the validity of my marriage based on its length and my spouse visa status in Japan, so hopefully a nice selection of pictures will be all the added proof they need (we wrote no letters and used Skype instead of email to communicate, so no paper records really exist).

2. What's the best choice for my situation? Outland or Inland? Is it too risky for us to go to Canada to stay with my parents, and then apply from within, or is that fine since she's from a favoured country? Since my parents want us to stay with them, should I get them to write me an email stating as much so I can print it and include it in the application? Will staying with my parents hurt or help the application process?

I'll probably come up with other questions, and indeed think I've left a few out, but I'll end here for the sake of keeping this readable.

Thank you very much in advance for any help you can provide or advice you can offer!
 

Regina

VIP Member
Feb 2, 2006
3,059
89
Beautiful British Columbia
Job Offer........
Pre-Assessed..
1) Apply for sponsorship/immigration outland from within Japan, then move with my wife once she receives her PR status.

2) Fly to Canada with her, taking advantage of her eTA 6-month visa-free visit, then apply for inland or outland from within the country and wait until it is approved.
Either way.

Do not involve parents though.
 

MrPatton

Newbie
Jun 9, 2016
3
0
Regina said:
Either way.

Do not involve parents though.
No/limited risk of #2 causing problems?

No problem to leave parents out, but if you don't mind explaining, why exactly is it bad to involve them?
 

yvr1234

Star Member
Aug 22, 2013
170
2
Vancouver
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
07-09-2012
AOR Received.
13-12-2012
Med's Done....
01-09-2012
LANDED..........
29-10-2013
MrPatton said:
I understand that as of December 2014 people can legally work while waiting for their immigration approval. Would that apply in her case? Is it only for people who applied from within Canada? I have heard that Japanese nationals automatically receive a one-year work visa now upon entry, but I can't verify this. Can any of you? All I can see is that she gets 6 months, renewable at least once, thanks to the eTA system. Either way, it looks like her being Japanese might ease the entire process somewhat. Any truth to that statement?
There is a pilot program for OWP (open work permit) with INLAND application.

There is no work permit for outland application. I also haven't heard of any "automatic one year work visa" but someone from Japan can verify it.
The only "easy" 1 year work visa that I know of is the International Experience Canada (IEC). Commonly known as Working Holiday Visa. It can only be applied once in a life time.

Anyway, I think it's better for her to apply outland. She can visit Canada and wait for the PR application either in Canada or in Japan.
Outland is much faster. INLAND application takes a very long time and has some limitation/risk if she wants to travel.

There is no income requirement for spousal sponsorship. But you will need to explain in your application on how you plan to support your family.
 

yvr1234

Star Member
Aug 22, 2013
170
2
Vancouver
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
07-09-2012
AOR Received.
13-12-2012
Med's Done....
01-09-2012
LANDED..........
29-10-2013
MrPatton said:
No/limited risk of #2 causing problems?

No problem to leave parents out, but if you don't mind explaining, why exactly is it bad to involve them?
I don't understand the reason behind either.

I think it's good to include a letter from your parents to explain how they will support and help you to settle back in Canada. (e.g. provide a place for you to stay until you have your own place)
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
MrPatton said:
Is it likely that we can apply outland and immediately move to Canada, wherein she waits out the process while I work and support her (not even necessary, thanks to savings and my parents)?
Yes that's fine. Apply OUTLAND immediately, and whenever you want just come to Canada and she can enter under visitor status. She will need to renew her visitor status in Canada each time its set to expire. She should be able to wait out the entire process in Canada as a visitor.

Do we have to wait until my sponsorship is approved first?
No

I understand that as of December 2014 people can legally work while waiting for their immigration approval. Would that apply in her case? Is it only for people who applied from within Canada?
Only for INLAND applicants. Probably better though to apply outland unless she is desperate to work in Canada asap.

I have heard that Japanese nationals automatically receive a one-year work visa now upon entry, but I can't verify this. Can any of you?
No such rule exists nor has ever existed. Japan is the same as any other country, visitors can't work unless they find an employer willing to go through complex LMIA process to hire them, or apply for and get their countries version of IEC/working holiday visa in advance.

All I can see is that she gets 6 months, renewable at least once, thanks to the eTA system. Either way, it looks like her being Japanese might ease the entire process somewhat. Any truth to that statement?
eTA has nothing to do with this, that is only a system for pre-screening travelers prior to flying into Canada. All visa-exempt passport holders usually get 6 month visitor status upon entry. Being Japanese makes no difference for anything.

Could she be turned away at the border simply for being married to me, if we state intent for a long visit? If I declare that the reason of application from within Canada is because I found a job and my wife was invited to stay by my parents (will be true on both accounts), will that take care of any such concerns?
Just show proof that you've already applied for her PR, and tell CBSA she entering as a visitor and wants to wait in Canada during the process. Tell them she will abide by the visitor rules. She shouldn't have a problem entering. Avoid using the words "move" or "live" when talking to CBSA, as she still needs to act like a visitor when entering.

1. I am presently "unemployed" in that I resigned from my office in Tokyo and moved up to my in-laws' house with my wife last year.
There is no minimum income required to sponsor a spouse. Just explain your situation now, your savings, and how you intend to support yourself once in Canada. If family members will help support you financially, have them write declaration letters stating this.

2. My wife has been to Canada before. She spent a year (working holiday) back in 2007-2008, which is when we met and began our relationship. She has also traveled there on two other occasions. Not sure if that is relevant in any way. She speaks English at an upper-intermediate level, if that is useful information.
Not relevant, other than as part of your relationship story of how you met.

1. In the case of a 4-year marriage to a Japanese national where I've lived in Japan with her, is it less likely that CIC will suspect our marriage and call for an interview?
Most likely. I would not expect an interview in your case.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Regina said:
Because you are an adult?
You will have to sponsor your wife.

You do not have to have a job you. And not your parents.
I completely disagree.

If parents will be supporting them financially while he looks for a job, this is very relevant and they should write a declaration explaining this. Even more important in this case since he doesn't have actual income to report recently.
 

Regina

VIP Member
Feb 2, 2006
3,059
89
Beautiful British Columbia
Job Offer........
Pre-Assessed..
If parents will be supporting them financially while he looks for a job, this is very relevant and they should write a declaration explaining this. Even more important in this case since he doesn't have actual income to report recently.
1. CIC is not interested in such personal details. Everybody understands he will live somewhere when he returns to Canada.
2. THERE IS NO requirements for a husband to have a job in Canada to sponsor his wife. But he , not his parents, has to explain to CIC how he is going to support his wife when she comes to Canada.

His parents neither sponsor him nor his wife, so why to mention them at all? To make an impression he cannot support himself? And maybe his parents are ready to support his family (first him, then his wife?)?

Should I go with "unemployed" and say I get room & board for farm labour and have savings?
OMG. Maybe you should go to Canada, find a decent job and then sponsor your wife? Then your "unemployment for room and board" will not look THAT awful on the forms. I can understand that it is not easy for a Canadian to find in Japan but even your wife is not working. You live with her parents in Japan, you are going to live with your parents in Canada. All in all it makes an impression you are not a family in terms of "a family". You are just two kids sleeping together on the expense of your parents.
 

yvr1234

Star Member
Aug 22, 2013
170
2
Vancouver
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
07-09-2012
AOR Received.
13-12-2012
Med's Done....
01-09-2012
LANDED..........
29-10-2013
Regina said:
1. CIC is not interested in such personal details. Everybody understands he will live somewhere when he returns to Canada.
2. THERE IS NO requirements for a husband to have a job in Canada to sponsor his wife. But he , not his parents, has to explain to CIC how he is going to support his wife when she comes to Canada.

His parents neither sponsor him nor his wife, so why to mention them at all? To make an impression he cannot support himself? And maybe his parents are ready to support his family (first him, then his wife?)?
Very interesting comment but I disagree. It's VERY common for sponsors that are returning back to Canada to get support from family/relatives to settle. Having a plan to settle before he can find a job is a strong proof of his intend to return to Canada. (which is essential if application is sent before he moves back)
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Regina said:
1. CIC is not interested in such personal details. Everybody understands he will live somewhere when he returns to Canada.
2. THERE IS NO requirements for a husband to have a job in Canada to sponsor his wife. But he , not his parents, has to explain to CIC how he is going to support his wife when she comes to Canada.
Completely wrong and horrible advice.

Getting letters of financial support from family members is very relevant to applications and often looked for by visa officers in cases where the sponsor has limited or no recent income. While there is no minimum income requirement, a visa officer must be satisfied they won't go on welfare shortly after arriving to Canada. Applications have been refused in the past for sponsor not having sufficient financial means and no family willing to support them.

Not to mention the letters would be good proof of requirement to return and live in Canada since the sponsor is now residing in another country.

OP, I would ignore everything this poster is telling you here.
 

Regina

VIP Member
Feb 2, 2006
3,059
89
Beautiful British Columbia
Job Offer........
Pre-Assessed..
Getting letters of financial support from family members is very relevant to applications and often looked for by visa officers in cases where the sponsor has limited or no recent income.
Please provide the link. because what I see on www.cic.gc.ca there is nothing about the support of the sponsor and his wife by the "sponsor"'s family.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Regina said:
Please provide the link. because what I see on www.cic.gc.ca there is nothing about the support of the sponsor and his wife by the "sponsor"'s family.
Countless examples. It's referenced under A39 requirement in CIC documents.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
Procedure: Assessment of adequate arrangements
To determine whether an applicant satisfies A39 officers must assess whether the applicant is
able and willing to support himself/herself. If an applicant does not satisfy this requirement,
officers must determine if adequate arrangements have been made for support. In such a case,
the sponsor's situation, ability and willingness to assist and the duration of the undertaking, should
be taken into consideration, even in cases where the immigration officer did not form an opinion
on the undertaking (i.e., when financial requirements do not apply).
The requirements of A39 may be met if there are adequate arrangements for care and support.
This can include assistance from other than the sponsor (for example, other family members in
Canada
).


http://www.cic.gc.ca/english/resources/manuals/enf/enf01-eng.pdf
7.21. Obtaining evidence for A39
The officer may obtain evidence for A39 by collecting:
 statutory declaration supported by evidence of statements made to an officer
including evidence of the person’s current financial situation; the likelihood that they
will have access to funds; and what arrangements, if any, have been made for their
care and support. This evidence may consist of bank statements, bank books,
letters from employers, pay cheque stubs and testimony from friends or relatives;


http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
Note: The sponsored family member may be refused for financial reasons if an officer, at the
visa office POE or CPC-V, is not satisfied either that they will be able to support themselves
and their family members or that adequate arrangements have been made for their care and
support A39.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
OP, ignore everything the user Regina has said. ThIs person consistently posts incorrect and misleading advice, hence +53/-203 rating.

Rob_TO has given you great advice.
 

kawafam0919

Star Member
Jul 7, 2015
54
1
japan
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
06-Nov-2015
AOR Received.
30-Dec-2015
File Transfer...
15-Jan-2016
Med's Done....
03-Oct-2015
OP, agree to ignore Regina and listen to Rob_TO.

I am sponsoring my Japanese partner and we currently live in Japan. I provided a letter from my parents in Canada stating we would stay with them until we found our own place. This was extremely important information to prove my intent to return to Canada. Also just to help back up our relationship and prove where we plan on living in Canada.