Sponsoring my spouse who lives in South Africa

[eadams]

My spouse and I both live in South Africa and want to move to Canada with our children. I am a naturalized Canadian citizen, my spouse (South African citizen) and I have 2 children who were born in South Africa and are now also naturalized Canadian citizens. We wanted confirmation of the best way to do the application so we contacted one of the MP's in the GTA. He advised me to move back to Canada with my children and then do the outside Canada application while my spouse waits for approval in South Africa. We then booked one way flights to Canada for myself and 2 kids for 20 Feb 2017, and a return ticket for my spouse so he can travel with us and help me set up in Canada before he goes back to RSA to wait for approval. We will be staying with my parents initially so we don't need much cash to start up. Why would the MP have advised us to do so? Would it not be the same thing for us to apply now while we are all in South Africa? Waiting till end of Feb just puts a 4 month delay on the application approval. Basically my question is, should we submit the application now or wait until we land in Canada? ???

 

[scylla]

Short answer? MPs aren't immigration experts and shouldn't be relied on for immigration advice.

You can sponsor your spouse for PR using the outland application process while living outside of Canada provided you provide proof you plan to return to Canada and live there once PR is approved. There's no need for you to move to Canada and apply from there.

 

[eadams]

Great. That's exactly what I was thinking. I just wanted some other opinions on the matter. Thank you.

I am going to submit job prospects for both of us, letters from my parents and sisters saying that we will be staying with my parents rent free until we are established. I will also write a letter stating why we want to leave RSA and move to CANADA. I will also provide my current resignation letter effective from February 2017. I will submit my one way flight tickets. I will submit the notification I gave to my oldest childs daycare which tells them that she will leave the daycare in Feb 2017. I will also get my in-laws (South African) to write a letter stating that they know of our intent to leave RSA to move to CANADA. I will submit a letter stating how we plan to settle in CANADA within the first year of my spouses arrival.

I hope that will be enough to prove that we intend to move to Canada once my spouse is approved for residency.

 

[eadams]

The other thing is the processing times. When doing an outside application, applying from Canada takes 12 months and applying from South Africa it takes 15 months, according to CIC website. So if I apply now and have to wait 15 months for approval it will be the same as applying end of Feb and waiting 12 months for approval.

 

[eadams]

Any other comments regarding proof of intent to move to Canada once PR is granted would be appreciated. Thanks.

 

[scylla]

The other thing is the processing times. When doing an outside application, applying from Canada takes 12 months and applying from South Africa it takes 15 months, according to CIC website. So if I apply now and have to wait 15 months for approval it will be the same as applying end of Feb and waiting 12 months for approval.

Regardless of whether you apply from outland outside of Canada or outland inside of Canada - the application will be processed through SA.

Most applications are processed in a shorter period of time than the one listed on the CIC web site. I'd recommend you find the SA thread in this section of the forum to see real processing times.

 

[katdanger]

Any other comments regarding proof of intent to move to Canada once PR is granted would be appreciated. Thanks.

I also have to prove my intent to return to Canada. I have none of the evidence suggested in the application (mortgage, rental agreement, job offer, etc.), so I submitted the following:
- letter of good standing from my Canadian bank outlining all the accounts and products I have maintained there while living abroad
- letter from my current employer stating she's aware of my intentions to return to Canada and that my employment with her will terminate when my husband receives his PR
- several letters from family and friends in Canada showing they know of our plans to return and offers of support while we resettle (place to stay, use of vehicle, money, etc.)
- correspondence between myself and venues for an event I'm hosting in Canada about a year from now.
- a sort of "gift request" card that was part of our wedding invitation requesting that guests who want to give gifts forego the traditional household gifts as we are not building a home here but returning to Canada to do so.
- flight information from my most recent trip home to Canada to show continued ties to Canada and desire to be there.
- a letter explaining our reasons for returning to Canada (political unrest here, economic instability here, level of safety, education system for our future children, etc.)

I believe this will be enough evidence for us. In your case, I'd say you have more/better evidence than me, especially with the flight tickets! It sounds like you have this under control!

Good luck!

 

[eadams]

I just read another thread where a husband who applied for a TRV was denied because of dual intent. Will we fall in this same trap by applying from South Africa and then going to Canada as a family to get myself and kids settled in and then my spouse will return to RSA while waiting for the sponsorship application to be approved? Will they deny my application to sponsor because they might assume that my spouse does not intend to return to RSA?

 

[canadianwoman]

Your spouse might be denied a TRV, meaning he could not go with you and the children to Canada as a visitor. However, his PR application could still be approved, and probably would be, given that you must have a lot of evidence that your relationship is genuine. He would then just have to wait in South Africa for the PR application to be processed. You and the children could be in Canada during this time, or you could stay with him in SA until the PR is approved.
There is no way to know whether a TRV will be approved. He has to provide proof of ties to SA sufficient to convince the visa officer he will leave Canada if the PR visa is not granted.

 

[eadams]

You say we need to provide alot of proof that we are in a genuine relationship. Is being married, having 2 children together since we are married, and living together since we are married not enough proof? Sounds like enough proof to me especially since these events have taken place over the past 3 years.