Questions about spousal spondership

[rotato]

Hello!

I have some questions about sponsorship I haven't been able to find answers to. First, I'll explain my situation:

I'm a Canadian citizen working as an English Teacher in South Korea. My fiance (who I will marry in June) is a South Korean woman. After my contract expires in August, we want to move to Canada together to start our new life. We want to move to Canada as quickly as possible so that we can get a head start on my career and get her permanent residency ASAP. The longer we wait in Korea, the longer we have to wait to have children, my previous work experience in Canada will become less and less relevant, etc.

Anyways, our plan is to move to Canada in late August / early September after my contract finishes and I will find work in Canada and she will live with me while I work and wait for her permanent residency. She's not planning on working or studying while we wait for her residency, because she's still not comfortable with her English. So she's planning on studying English alone and getting used to life in Canada (she's never been to any western country before) while waiting.

Our questions:

• 
  Is it possible for her to come with me to Canada as a tourist and live with me while waiting for her residency?
  I know this means she will be really limited in stuff she can do, but I think it's the best option without us being separated for a horrible amount of time. We already did a year of long distance and don't want to again. We also already know it's possible for her to come for 6 months at a time with no visa and extensions are possible.
  
  
• 
  If my first question is possible, is it possible to apply for her residency before we leave Korea and then go to Canada together midway through the application process?
  Even after we get married, I will still have 2/3 months left on my contract before we can leave for Canada. I would love to get a 2/3 month head start on her application if possible. But we're worried once we apply in one country, we have to stay in that country until the application is approved.
  
  
• 
  I read about being able to apply outland even if we're in Canada together but don't understand entirely. What are the advantages/disadvantages/risks?
  I know outland applications usually go much faster, but could we run into problems of them trying to contact her in Korea and she's actually in Canada or anything like that? Does that just mean she'll have to go back to Korea when the application is finally approved in order to pick up her residency?
  
  

Our concerns:

• 
  If we apply from Korea, she'll have to stay in Korea until the application is processed.
  This means we either have to wait together in Korea which will make it harder for me to get a job once going back to Canada as experience I've gained from previous work will be irrelevant (I work in computers and many jobs require X experience in the last X number of years)
  
  
• 
  If she comes to Canada without a work/study visa, she won't be allowed in because they see she's travelling with me and is afraid she'll try to stay illegally.
  When I researched the possibility of a visa-free entry, something was usually noted about people having to prove they intend to return to their home country. Of course, she won't be intending to return, just stay with me until her residency is issued.
  
  
• 
  If she does enter on a 6-month visa-free entry and lives with me while waiting, she won't be able to extend her stay or will leave and come back to get another 6-month entry and be turned away. Causing our application to be thrown out or us having to live separately until the application is finished.
  
  

Thank you for taking the time to read my post. This is a huge life-changing event for both of us and something that we've spend years working towards together. I hope somebody can help us answer these questions.

 

[CherPare]

Firstly, CONGRATULATIONS. It's always a blessing to find love regardless of this pain in the arse process. LOL.

I don't want to lead you down the wrong path so I'll just give the little information I do know.

-She can absolutely come with you while you apply outland. There is no barrier, especially if she is from a visa exempt country. She could apply for a work permit or study permit if she wanted... the study permit would allow her to take English courses at least to give her something to do while you're working! (Unless of course she can find a place that teaches it for free) As far as I know, as long as she remains in status, you won't have any problems... which /could/ mean she'd be forced to return to Korea after the six months if not granted the extension. I vaguely remember Beijing being in charge of Korea's applications at this time. That's good news, only 9 months waiting time according to the website!

-The only main difference between outland and inland is WHERE the application is processed. Therefore, if you apply outland it only means that the embassy for your spouse's country is processing it... for that reason, you can apply from anywhere in the world and it will not affect the application. However, you would have to inform CIC immediately of any address change as to avoid losing any correspondence (Hence why adding an email may be the most beneficial)... unfortunately, I have yet to hear any experience of a couple moving midway on an outland application so not sure if that would be more trouble than it's worth.

The only time she'd need to return to Korea is if there was an interview required. Another major benefit of applying outland is you have the right to appeal if for any reason her case was refused. Definitely under no circumstance do you want to apply inland, I'll just add that in. The wait time is over a year... not worth it in her case AT ALL. :/

As for your concerns... worst case scenario she has to go home after six months. Everything you stated is absolutely a possibility but can be avoided. The processing may be done long before that, but if not, it should only be a couple of months apart... worth it in the end to not be stuck in limbo for over a year like inland applicants!

I hope I cleared some of your confusion, I am applying inland so I am going by what I've picked up over the last year. GOOD LUCK!

 

[canuck_in_uk]

Hi

Is it possible for her to come with me to Canada as a tourist and live with me while waiting for her residency?

Yes. Also, a visitor is allowed to study as long as the course is less than 6 months, so she could take a short English course while waiting.

If my first question is possible, is it possible to apply for her residency before we leave Korea and then go to Canada together midway through the application process?
Even after we get married, I will still have 2/3 months left on my contract before we can leave for Canada. I would love to get a 2/3 month head start on her application if possible. But we're worried once we apply in one country, we have to stay in that country until the application is approved.

Yes, you can submit the app and then go to Canada. There is no requirement to remain in South Korea.

I read about being able to apply outland even if we're in Canada together but don't understand entirely. What are the advantages/disadvantages/risks?
I know outland applications usually go much faster, but could we run into problems of them trying to contact her in Korea and she's actually in Canada or anything like that? Does that just mean she'll have to go back to Korea when the application is finally approved in order to pick up her residency?

It is perfectly fine to apply outland while in Canada. CIC will use whatever contact details you give in the app; they don't care whatsoever where in the world she is. She will not have to return to Korea; CIC will mail the COPR to her in Canada.

If we apply from Korea, she'll have to stay in Korea until the application is processed.

As said above, there is no requirement to remain in Korea.

If she comes to Canada without a work/study visa, she won't be allowed in because they see she's travelling with me and is afraid she'll try to stay illegally.
When I researched the possibility of a visa-free entry, something was usually noted about people having to prove they intend to return to their home country. Of course, she won't be intending to return, just stay with me until her residency is issued.

With a PR app submitted, there is pretty much no chance of being refused entry. CBSA is very lenient in this situation.

If she does enter on a 6-month visa-free entry and lives with me while waiting, she won't be able to extend her stay or will leave and come back to get another 6-month entry and be turned away. Causing our application to be thrown out or us having to live separately until the application is finished.

She can apply online to extend her stay before her status expires. With a PR app in process and proof of sufficient funds, there is pretty much no chance of refusal.

 

[rotato]

Thank you both for your quick replies! And thank you for the congratulations!

Yes, you can submit the app and then go to Canada. There is no requirement to remain in South Korea.

Great! How would we do that then? As we'd both be in Korea at the time of the application being submitted, should we put our Korean address and then contact them with an address update once we go to Canada?

I'm going to go to Canada alone in September for a month or so to find a job and house in Canada. So we won't have an address in Canada we can use until after we submit the application. Of course, I could also use my parent's address if need-be.

She could apply for a work permit or study permit if she wanted... the study permit would allow her to take English courses at least to give her something to do while you're working!

Is it hard to apply for a work/study permit from outside? I imagine it would be the same as anyone not planning on living in Canada but just going as an exchange student or to work on a temporary contract, right?

I vaguely remember Beijing being in charge of Korea's applications at this time. That's good news, only 9 months waiting time according to the website!

I think Manila, Philippines is the visa office for Korea now. Am I wrong? This whole process is entirely confusing. haha

I hope I cleared some of your confusion, I am applying inland so I am going by what I've picked up over the last year. GOOD LUCK!

You sure did and helped give me some relief too! Thank you.

I have a couple more questions now too:

• 
  If applying inland, I heard we can get an open work permit (OWP) which will allow her to work and give implied status meaning she can stay until her application is processed.
  Is this only after step one is completed?
  I'm assuming step one is the assessment of the sponsor?
  Or can this be gotten much quicker?
  Is it possible to get this when applying from outside Canada?
  
  
• 
  As I mentioned above, I'm in Korea now and will be going to Canada in September to find work and a house. So for proof of employment/income do I list my Korean employer or what?
  I can list my Korean employer, however that contract will be finished in April and I'll be without a job for a couple months while I find one.
  I'm not too worried about job prospects, but I'm worried about that few months of limbo and its impact on the application.
  Would it be better to just wait to apply until I've found a job and have a Canadian address we can give them?
  

Thank you again!

 

[canuck_in_uk]

Great! How would we do that then? As we'd both be in Korea at the time of the application being submitted, should we put our Korean address and then contact them with an address update once we go to Canada?

Yes.

Is it hard to apply for a work/study permit from outside? I imagine it would be the same as anyone not planning on living in Canada but just going as an exchange student or to work on a temporary contract, right?

To apply for a work permit, she would need a job offer from an employer with a positive LMIA. This is very hard to find, as it is a long process and costs the employer $1000, so don't count on it. To apply for a study permit, she would have to first be accepted to an educational institute and show significant proof of funds. As I said above, a visitor can take short courses under 6 months.

I think Manila, Philippines is the visa office for Korea now. Am I wrong? This whole process is entirely confusing. haha

Correct, Manila would be your VO.

If applying inland, I heard we can get an open work permit (OWP) which will allow her to work and give implied status meaning she can stay until her application is processed.
Is this only after step one is completed?
I'm assuming step one is the assessment of the sponsor?
Or can this be gotten much quicker?
Is it possible to get this when applying from outside Canada?

Don't apply inland. If you apply outland now, she would be a PR around the same time as she would be getting the OWP with an inland app. If CIC sticks to what they've said, she would get that OWP around 4 months after submitting the inland app, so around March 2016; it would then be around 2 years before she would actually become a PR, during which it's advised she doesn't leave Canada at all. If you get your outland app in ASAP, she'll probably be a PR around a year from now. There is no OWP option with outland.

As I mentioned above, I'm in Korea now and will be going to Canada in September to find work and a house. So for proof of employment/income do I list my Korean employer or what?
I can list my Korean employer, however that contract will be finished in April and I'll be without a job for a couple months while I find one.
I'm not too worried about job prospects, but I'm worried about that few months of limbo and its impact on the application.
Would it be better to just wait to apply until I've found a job and have a Canadian address we can give them?

If you are still working for that employer when you submit the app, then list them. There is no minimum income requirement to sponsor a spouse, nor is the sponsor required to be working. You need to show CIC that you can support yourselves without welfare. This can be through any combination of your income, her income, savings, investments, family support etc.

 

[CherPare]

Manila? Awww, that's too bad! That's a longer wait time. Sorry about that! That was my mistake. The CIC website says Beijing does Korea (Democratic People Republic of) or something along those lines, maybe that means North Korea? Excuse me while I just show off my ignorance. LOL. Sorry again.

And yes, sorry I wasn't more clear on the permit side of things... it's definitely a lot harder than I made it sound! :'(

But either way, that's a minor speed bump in this case!

Glad there was another member able to clear up some things!

 

[rotato]

[Edit]
I tried to add a couple links, but this forum won't let me post links yet. The first one is a link to a post in this site, so just add the canadavisa dot com infront of the rest of the URL I provided. The other one was supposed to be a link to the Ontario government website for OHIP eligibility.

Yes.

Great, thank you.

To apply for a work permit, she would need a job offer from an employer with a positive LMIA. This is very hard to find, as it is a long process and costs the employer $1000, so don't count on it. To apply for a study permit, she would have to first be accepted to an educational institute and show significant proof of funds. As I said above, a visitor can take short courses under 6 months.

Oh, I see. Then if we apply outland we can expect her to not be working until her PR comes in. How difficult is it to apply for a study visa? She's also considering applying to college/university.

Correct, Manila would be your VO.

I thought so. Hopefully their processing time will go down by the time we submit our application.

Don't apply inland. If you apply outland now, she would be a PR around the same time as she would be getting the OWP with an inland app. If CIC sticks to what they've said, she would get that OWP around 4 months after submitting the inland app, so around March 2016; it would then be around 2 years before she would actually become a PR, during which it's advised she doesn't leave Canada at all. If you get your outland app in ASAP, she'll probably be a PR around a year from now. There is no OWP option with outland.

We're heavily leaning towards outland. However, we talked about it a lot and our biggest worry is the health coverage given by OHIP. We're in our mid-thirties so we want to have a child soon. We've both read that only inland applications can get OHIP coverage before their application is fully processed, around the 10-month mark I've read? But I recently found a thread where it is actually possible to get OHIP coverage if you're on an outland application, you just might have to jump through some hoops to get there. The thread can be found here: /canada-immigration-discussion-board/important-ohip-eligibility-info-for-all-pr-applicants-residing-in-ontario-t56695.0.html;msg2518001#msg2518001

That's our biggest worry right now. Especially for my fiance. She'd be willing to wait the extra time (even an extra year or two!!) if it meant we could get OHIP coverage sooner so we could start having children. We don't want to have children in Korea and complicate the immigration process. But we don't want to wait too long because it will be a bigger danger to our future children and to her.

Do you know anything about getting OHIP coverage on an outland application? According to the OHIP eligibility (Google OHIP eligibility), you are eligible if:

You have submitted an application for permanent residence in Canada, and Citizenship and Immigration Canada has confirmed that you meet the eligibility requirements to apply for permanent residence in Canada

Most people take residence in Canada to mean you have applied for residence inside Canada. However, I believe that just means You're applying for residence to live in Canada, regardless of where you applied for it.

If you are still working for that employer when you submit the app, then list them. There is no minimum income requirement to sponsor a spouse, nor is the sponsor required to be working. You need to show CIC that you can support yourselves without welfare. This can be through any combination of your income, her income, savings, investments, family support etc.

Great! Can you foresee any issues when I'm in job/address limbo? I'm worried the application will be put on hold if CIC finds out I'm jobless, even though I'm searching for a job. In that case what kind of proof can I give them that I can support my spouse? I'm confident I can find a job, just worried about the limbo period.

Manila? Awww, that's too bad! That's a longer wait time. Sorry about that! That was my mistake. The CIC website says Beijing does Korea (Democratic People Republic of) or something along those lines, maybe that means North Korea? Excuse me while I just show off my ignorance. LOL. Sorry again.

And yes, sorry I wasn't more clear on the permit side of things... it's definitely a lot harder than I made it sound! :'(

But either way, that's a minor speed bump in this case!

Glad there was another member able to clear up some things!

Haha yeah, it does suck as current estimates are more than a half-year more! That's okay though, thank you for your help anyways. Democratic People's Republic of is North Korea though. Thank you for your help.

 

[canuck_in_uk]

Oh, I see. Then if we apply outland we can expect her to not be working until her PR comes in. How difficult is it to apply for a study visa? She's also considering applying to college/university.

If she's accepted to a school and can show significant funds, she has a good chance.

I thought so. Hopefully their processing time will go down by the time we submit our application.

The processing times are how long it took to process 80% of apps. The actual average is many months less. I suggest you head over to the Manila thread to get an idea of how long it's actually taking. http://www.canadavisa.com/canada-immigration-discussion-board/manila-tread-for-english-speakers-join-here-t123646.10920.html

But I recently found a thread where it is actually possible to get OHIP coverage if you're on an outland application, you just might have to jump through some hoops to get there. The thread can be found here: /canada-immigration-discussion-board/important-ohip-eligibility-info-for-all-pr-applicants-residing-in-ontario-t56695.0.html;msg2518001#msg2518001

Do you know anything about getting OHIP coverage on an outland application?

I could tell you all about how to fight for BC MSP coverage but don't know much about OHIP. I suggest you PM the poster from that thread who obtained coverage.

Great! Can you foresee any issues when I'm in job/address limbo? I'm worried the application will be put on hold if CIC finds out I'm jobless, even though I'm searching for a job. In that case what kind of proof can I give them that I can support my spouse? I'm confident I can find a job, just worried about the limbo period.

No issues. They won't know your job situation beyond what you tell them in the app. They don't call your employer or anything like that. If they request more financial proof, you can show savings, investments, your income, her income, letters from family pledging support, a plan detailing your future work plans and income potential, etc.