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Principal Applicant coming back to Canada with me?

dennes

Member
Aug 2, 2016
14
0
Hello everyone,

Let me start by saying how incredibly helpful this forum has been as my partner and I prepare our Spousal Sponsorship Application. Thank you all.

A brief overview of my situation: I am a Canadian looking to sponsor my English girlfriend of over 4 years. We're currently living together in England and have been doing so for the last 15 months. We are trying desperately to complete and submit our application before or during the upcoming September. I'm in England on a Tier 5 YMS visa that expires in February 2017.

My big question, that I'm having trouble searching for a clear answer to, is this: If we get our application in as soon as we can, is there a way that my partner could come back to Canada with me (when my visa expires in Feb) to live legally while our application is being processed? Or is her coming to Canada only possible after a positive decision on our application is made?

Thanks!
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
dennes said:
Hello everyone,

Let me start by saying how incredibly helpful this forum has been as my partner and I prepare our Spousal Sponsorship Application. Thank you all.

A brief overview of my situation: I am a Canadian looking to sponsor my English girlfriend of over 4 years. We're currently living together in England and have been doing so for the last 15 months. We are trying desperately to complete and submit our application before or during the upcoming September. I'm in England on a Tier 5 YMS visa that expires in February 2017.

My big question, that I'm having trouble searching for a clear answer to, is this: If we get our application in as soon as we can, is there a way that my partner could come back to Canada with me (when my visa expires in Feb) to live legally while our application is being processed? Or is her coming to Canada only possible after a positive decision on our application is made?

Thanks!
She can "visit" Canada but she cannot "move" to Canada until the application process is complete and she "lands" as a PR.
Be careful to bear this distinction in mind when dealing with either CBSA or IRCC. If, on the other hand, she were to be able to obtain a work or study permit, she could "move" as a temporary resident. A PR application gives no status.
 

dennes

Member
Aug 2, 2016
14
0
Thanks. That's what I would have thought had I not stumbled upon a comment at some point saying something along the lines of being able to get a temporary work permit if you've got the application processing. ???

I have read many things.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
dennes said:
Thanks. That's what I would have thought had I not stumbled upon a comment at some point saying something along the lines of being able to get a temporary work permit if you've got the application processing. ???

I have read many things.
The open work permit is only for the "Spouse or Common-law partner in Canada Class", not "Family Class" sponsorship. For that, you both need to be already residing in Canada. Under the current circumstances, you only qualify for the latter.
 

dennes

Member
Aug 2, 2016
14
0
In that case, I suppose my next concern is this:
Will we run into any problems because of the fact that I'll have to physically leave my partner for, likely, the better part of a year while our application is being processed?
I'm just not sure how usual our situation is, although I imagine many people have gone through something similar.
 

Ponga

VIP Member
Oct 22, 2013
10,427
1,475
Job Offer........
Pre-Assessed..
dennes said:
In that case, I suppose my next concern is this:
Will we run into any problems because of the fact that I'll have to physically leave my partner for, likely, the better part of a year while our application is being processed?
I'm just not sure how usual our situation is, although I imagine many people have gone through something similar.
Since you are a Canadian citizen, you can submit the outland application package ASAP and remain [there] during the processing. Since your visa expires in February, it's quite possible that she will have completed the PR process by then...or close to it.

Check the Outland UK thread, where you'll find many applicants completing their `journey' quite quickly.

Be prepared to show CIC that you will both return to Canada once she has been approved for PR.

Good luck!