+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Need advice - Husband is on visitor visa, needs to go back home

Jan 29, 2013
1
0
Hey everyone,

Just looking for some advice, we've run into a little problem and want to know if this is a good route.

My (now) husband arrived in Canada on January 24th 2013 from the UK (originally from New Zealand, he has dual citizenship). We were planning our wedding for June 1st 2013, but when he entered Canada, the border agent gave him a lot of trouble, and didn't give him the 6 months, even though we had a return ticket booked for the beginning of July. Our intention was to have him here for the six months, get married, and apply for his PR via spousal sponsorship. We were going to submit for an extension to his visitor visa at the same time. If this wasn't granted, we had backup plans. He was only given until April 23rd 2013 to stay.

We ended up doing a civil ceremony at City Hall on March 2nd, and we're now married! We are still planning to have our big ceremony and wedding on June 1st 2013, for our friends and family. We are in the midst of working on his PR application (trouble with his police check from the UK at the moment), we've paid the fees, completed most forms, are gathering evidence etc, but we have not filed yet. We did file for his extension however, to have it in on time (March 23rd 2013) and planned to finish his PR by the end of April. We are filing OUTLAND just in case his extension hadn't been approved.

This morning we had a message from his mother that his father had a heart attack, he's stabilized right now, but still in intensive care, and my heart aches for my husband, I really can see that he'd like to go home (NZ). I've been wracking my brain on how to do this, and I just need some clarity/advice on if this is wise.

I feel he should go back to see his father (he hasn't seen him in 7 years or so) because you never know what life can bring. I'd have him go before his current visitor visa expires (April 23rd 2013) and then cancel his extension application - as it does not include re-entry from what I've read, and would be pointless. We'd then continue to work on getting his files together (some of which will be made easier if he can go back to NZ to collect things in person) and still file for his PR Outland. At this time though, cancelling the wedding would mean a lot of deposits we can't get back, so ideally, we'd have him come back again to Canada in hopes maybe this time he will get stamped for 6 months, and we can continue on our original path. We're thinking 2-3 weeks in NZ to spend some time there with family.

Would this be a wise decision, or would we be putting things are risk? What should he say when he comes through the border again? Should we be honest and lay out all that has happened and our intentions? We 100% do not intend for him to stay past when he's allowed. Some help/advice would be great, because it seems the world has turned upside-down yet again, as I can imagine everyone on this path feels happen time and time again. Thanks!
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,207
Visa Office......
London
App. Filed.......
06/12
Sorry for your difficult situation :(. I sympathize with your husband, I know from personal experience how hard it is to be away from family during such a time.

Unfortunately, no one can give you a guarantee on him being let back in. I feel the same as you, that he should go see his father because you never can know what will happen.

What I would do is to file the sponsorship application ASAP. He can fly to NZ and see his family. Cancel the extension, as it wouldn't be applicable if he leaves the country. When he comes back into Canada, he can say that he wants to visit his wife while his PR application is being processed. He can show proof that you guys have filed the application (receipt, ECAS printout, any emails from CIC) and they'll be able to confirm that in their system. They will see that he was limited to April and had applied to extend. The cancellation of the extension is obviously explained away by the family emergency. I'm guessing he still has the July return flight? So for that, he can say that the initial plan was to stay until July but when the officer limited him to April, he applied for the extension so that he could stay until the July flight. So now he is coming back into Canada to be with his wife until the July flight.

Again, there is no guarantee of entry but hopefully this time, he'll get a better border officer :)

If you don't have the UK police certificate yet, you can send the app without it. We sent our app without 3 police certificates, sent them all in later as they arrived.