Sponsoring Spouse Abroad Questions

[MJPNHL]

Hey guys! I've done lots of research so far and still have some questions that are puzzling me. They are more so should I do this or that questions.
First off, here is my situation:
I (Canadian) live in Korea at the moment with my fiance who is Korean (to be married in October). We will begin applying for spousal sponsorship into Canada immediately. Because our end goal is to start a family in Canada (Toronto area), we want to move there as soon as possible. Therefore, we are considering our options. Do we apply inland or while we are both in Korea, outland.

1. What do you think? Inland or outland application in our situation. I understand inland takes longer and traveling outside of Canada during the processing is not recommended, but we will be in Canada during that time which is our goal anyways.

2. What are the options for my fiance to move to Canada to start the inland process? Is the only option for her to get a job (she wont be studying) that will sponsor her work permit during this time? Is this risky? She is more than capable with working and speaking English. How is the job market for a bilingual Korean in the Toronto area?

3. What if we decide to apply outland, but during the processing we decide to move to Canada. Is this possible to do?

4. Also, a more simple question from those who have experience, how long does it take to gather all of the documents for this?

Thanks a lot for all of your help!

Mike and Natalie

 

[wowsers]

I cannot answer your question concerning the job market in the Toronto area but can answer your other questions:
1. A visa to enter Canada is not required for a South Korean national; so you have the choice of an outland or an inland application. Clearly you have researched the issue already and the only point I can add to what you already know is that you can apply outland even if you are in Canada. Outland applications tend to be faster than inland applications; so most members of this forum would recommend an outland application. It does not matter whether you make that application now when still in Korea or wait until you are both in Canada. The only material difference is that you the Canadian must prove to the satisfaction of CIC that as soon as the permanent residency is granted you will be returning to Canada to live.
2. If your fiance applies outland she will not be allowed to work in Canada until she is granted permanent residency. An inland applicant can apply for the right to work after the first stage of the application. However that is not such an advantage as it sounds because by the time the first stage of an inland application is reached it is likely that permanent residency would already have been granted if the application had been an outland application. In short there does not appear to be any advantage in applying inland.
3. This is not a problem: you can apply outland in Korea and then move or you can move to Canada and still apply outland; one of the advantages of living in a visa-free country.
4. Depends on how organized you are. It took me months (a) because I am old and had lots of documents spanning many years. Remembering what organizations I had been a member of since the age of 18 for example was difficult and (b) because I vacillated about applying at all. The application forms are badly drafted, bewildering and exasperating and my tendency was to put off the evil day when I had to complete them. If you can find and organize the documents and are sure you want to live in Canada there is no reason why you should not be able to get everything together much faster than I did.
Good luck!

 

[keesio]

How is the job market for a bilingual Korean in the Toronto area?

What profession is your fiancee in?

 

[MJPNHL]

Thanks for your response!

I now have more questions...

1. A visa to enter Canada is not required for a South Korean national; so you have the choice of an outland or an inland application.

But in my case, my wife can't just travel to Canada on a Tourist Visa (no visa necessary) without a departure flight. Canada wont let her in because they will assume she is staying permanently. Therefore, the only way to do the inland process would be for her to get a work permit and then to move to Canada, afterwards beginning the inland process correct?

Alternatively, if she has enough points for express entry (which I think she may, but still researching more into that) this would give her permanent residency in less time.

Again if anyone else has anymore information they are willing to offer me on this process, I would love to hear!

Thanks!
Mike and Natalie

 

[MJPNHL]

What profession is your fiancee in?

She is in the business world - HR, overseas sales and marketing. Bilingual.

 

[keesio]

But in my case, my wife can't just travel to Canada on a Tourist Visa (no visa necessary) without a departure flight. Canada wont let her in because they will assume she is staying permanently. Therefore, the only way to do the inland process would be for her to get a work permit and then to move to Canada, afterwards beginning the inland process correct?

Many people were able to enter Canada without a return ticket. Some people just say they are not sure when they plan on returning. It seems like the airline hassles you more when you try to board in the first place. One thing you can do is book a return flight and then cancel the return part later once you are in Canada.

The key thing though is to be honest with border officials. If they start questioning things, be completely honest. Not being straightforward when questioned will only cause problems and getting caught in a lie... bad news. Tell them that you would like your wife to be with you visiting (do not use the word "living", they want to hear that you and your wife understands her status in Canada is as a visitor) while the application is in process.

btw I remember a episode of Border Security Canada where a Canadian/Korean couple from Korea tried to enter Canada. They were dancing around the truth a bit and it ended up causing more hassle than if they were just upfront about everything. Eventually they were let it. It might be an interesting watch to understand how border officials operate: https://www.youtube.com/watch?v=kI4GarUEGFQ

 

[keesio]

She is in the business world - HR, overseas sales and marketing. Bilingual.

If her English is good, and she has good experience, then I think she'll be ok. But to be honest I don't much much about that field. Being bilingual can be useful if she works for a Korean company based in the GTA. It will most likely be more useful in the global business world than for my wife and I - we're both ethnically Korean and bilingual but hardly use Korean in our jobs (engineering and health care respectively).

 

[MJPNHL]

Thanks for the response! So my wife could live as a visitor in Canada while we do the inland process, but she WOULD NOT be able to work am I correct?
Also, she would have to renew her visitor status every 3 months because that is how long the visitor visa lasts for, am I correct?

Also, a new question...

On the document checklist, it says that we need to supply documents from my spouse and family members. Does this mean only family members that are being sponsored for permanent residency? (I am only sponsoring my wife) Or does my wife need to supply her family member's documents as well?

Thanks again!
Mike and Natalie

 

[keesio]

I think you mean outland. And yes, she will not be able to work for the entire duration of the application processing. She must wait until she officially becomes a PR (unless she gets a work permit separately)

It is 6 months that she can stay as a visitor. After than she can renew. She can apply for renewal from within Canada so she doesn't have to leave.

Just her and any dependents (children) if applicable

 

[floomy]

Thanks for the response! So my wife could live as a visitor in Canada while we do the inland process, but she WOULD NOT be able to work am I correct?
Also, she would have to renew her visitor status every 3 months because that is how long the visitor visa lasts for, am I correct?

Also, a new question...

On the document checklist, it says that we need to supply documents from my spouse and family members. Does this mean only family members that are being sponsored for permanent residency? (I am only sponsoring my wife) Or does my wife need to supply her family member's documents as well?

Thanks again!
Mike and Natalie

Normally CBSA would give 6 month then extend it.

1.Outland,
she could send a proof of outland app when she extend her visitor visa, then she would get a year or so.

(I applied for outland and received a 6 month by CBSA, then renewed and received a year)

2.

what you would need
For nationals of Korea:
• Family Relation Certificate and one certified true translation into French or English of your Family Relation Certificate. This document should have been recently issued.
• Marriage Relation Certificate and one certified true translation into French or English
• Old (deleted) Family Census Register and one certified true translation into French or English

 

[MJPNHL]

2.

what you would need
For nationals of Korea:
• Family Relation Certificate and one certified true translation into French or English of your Family Relation Certificate. This document should have been recently issued.
• Marriage Relation Certificate and one certified true translation into French or English
• Old (deleted) Family Census Register and one certified true translation into French or English

We will get married in Canada first, and then Korea a week later. The Canada marriage will be legal and we will receive a marriage certificate from Canada, the Korean wedding will just be a ceremony. Do these documents apply to us? Or are there Canadian equivalents (other than the marriage certificate)?

Thanks so much for your help!
Mike and Natalie

 

[keesio]

We will get married in Canada first, and then Korea a week later. The Canada marriage will be legal and we will receive a marriage certificate from Canada, the Korean wedding will just be a ceremony. Do these documents apply to us? Or are there Canadian equivalents (other than the marriage certificate)?

Thanks so much for your help!
Mike and Natalie

The first and third document floomy mentioned would be Korea's equivalent of a birth certificate. The old Family Census Register was originally used way back and somewhere along the way, it got obsoleted in favor of a Family Relation Certificate. So your wife's family should have access to both and she should get true translations of both before you leave.

I'm assuming the second is Korea's equivalent of a marriage certificate. If you will get married in Canada then you would use the one you get from Canada.

 

[MJPNHL]

Awesome! Thanks so much. So after further research I now have these questions...

1.
I have recently done my taxes in Canada, and because I am still considered a permanent resident there I will have to pay a lot of money. I have been told that if I apply for non-resident status that I wont have to pay. I researched online and found that if I do this, I will not be able to sponsor my spouse for permanent residency when we decide to move back. Is this information correct?

2.
In relation to there not being a minimum income requirement to sponsor your spouse (unless there are other dependents, such as children - which there are not any, or if I have declared bankruptcy or used social assistance), does claiming Employment Insurance qualify as social assistance?

3.
Is maternity leave covered for permanent residents? I am assuming so as long as they have worked the previous year and payed into EI. What if I was sponsoring my spouse's permanent residency?

4.
Because my spouse's documents are Korean, we will have to get them translated. I have read that my spouse, though she is fluent in English and Korean, will not be able to be the translator. Is this information correct?

 

[floomy]

4. she need to go one of translation agencies and have all docs translated and notarized by authorized one.
i did in No won district (near Lotte department)
not sure where you live in s. Korea if you live in Seoul or near you can find a lot of those agencies/center near city hall/Jong-no.


FYI: It costed me for about 150000won (marriage cert. family relationship cert. and old family census register)
I was charged 10000 won per sheet (translate and notarize) .

 

[keesio]

Awesome! Thanks so much. So after further research I now have these questions...

1.
I have recently done my taxes in Canada, and because I am still considered a permanent resident there I will have to pay a lot of money. I have been told that if I apply for non-resident status that I wont have to pay. I researched online and found that if I do this, I will not be able to sponsor my spouse for permanent residency when we decide to move back. Is this information correct?

2.
In relation to there not being a minimum income requirement to sponsor your spouse (unless there are other dependents, such as children - which there are not any, or if I have declared bankruptcy or used social assistance), does claiming Employment Insurance qualify as social assistance?

3.
Is maternity leave covered for permanent residents? I am assuming so as long as they have worked the previous year and payed into EI. What if I was sponsoring my spouse's permanent residency?

4.
Because my spouse's documents are Korean, we will have to get them translated. I have read that my spouse, though she is fluent in English and Korean, will not be able to be the translator. Is this information correct?

1. No, you can declare non-residency and still sponsor your wife. Canadian citizens can sponsor from abroad. In those cases, however, you must provide proof to CIC that you will be moving to Canada with your spouse when sponsorship is done. Maintaining your residency with make this easier to prove. But it is not madatory.

2. I'm pretty sure EI doesn't count as social assistance. Hopefully someone can confirm this.

3. Yes, maternity leave covers PRs. just like it does citizens. They have to have been working for at least a year.

4. You will need certified translations last I remember. And yes, the applicant can't translate their own docs. neither can family members.