Sponsoring spouse while in Canada on visit visa

[nin_ja]

Hello all,

I am a Canadian PR but live in the US with my spouse (on work visa) because of my employment situation. I "landed" in Canada about 2 years ago and had to go back to US. Because of recent developments in my job situation I am finally able to move to Canada with my job soon. I have made sure that I comply with residency requirements.

I plan to move to in the next few months with my spouse to Canada. My spouse is NOT a PR (since we got married after I got my PR) and only has a Canadian visiting visa. I am really confused about how to apply for my spouse's PR and would really appreciate any help with this. My spouse has tried with express entry but the CRS points currently are below the required cut-off.

1) Is there any way I can apply for my spouse's PR (as family sponsorship) while we live in the US?
2) If not, is it possible to apply for spouse's PR after we move to Canada and my spouse is inside Canada on a visit visa? I really hope we can move together, so am really hoping it is possible to apply while we both are in Canada.
3) If #2 is possible, how long does it normally take to get a PR? And if my spouse is inside Canada, is it possible to get a temporary permit to work / access healthcare while PR application is processing?

please help, really appreciate it if you can help with these questions as I am really confused. thank you very much!

 

[scylla]

Hello all,

I am a Canadian PR but live in the US with my spouse (on work visa) because of my employment situation. I "landed" in Canada about 2 years ago and had to go back to US. Because of recent developments in my job situation I am finally able to move to Canada with my job soon. I have made sure that I comply with residency requirements.

I plan to move to in the next few months with my spouse to Canada. My spouse is NOT a PR (since we got married after I got my PR) and only has a Canadian visiting visa. I am really confused about how to apply for my spouse's PR and would really appreciate any help with this. My spouse has tried with express entry but the CRS points currently are below the required cut-off.

1) Is there any way I can apply for my spouse's PR (as family sponsorship) while we live in the US?
2) If not, is it possible to apply for spouse's PR after we move to Canada and my spouse is inside Canada on a visit visa? I really hope we can move together, so am really hoping it is possible to apply while we both are in Canada.
3) If #2 is possible, how long does it normally take to get a PR? And if my spouse is inside Canada, is it possible to get a temporary permit to work / access healthcare while PR application is processing?

please help, really appreciate it if you can help with these questions as I am really confused. thank you very much!

1) No. This privilege is reserved for Canadian citizens.
2) Yes
3) 12 months. Yes - you can submit an open work permit with the application which will be approved around four months after the complete application package is received.

 

[nin_ja]

1) No. This privilege is reserved for Canadian citizens.
2) Yes
3) 12 months. Yes - you can submit an open work permit with the application which will be approved around four months after the complete application package is received.

Thank you so much for your response @scylla! I just have one more question regarding the temporary work permit; Does that include access to healthcare? I am guessing my spouse will not be able to access healthcare while on visit visa? Since buying personal insurance is generally very expensive, I just wanted to know if there is any way for my spouse to be covered under healthcare sooner? Thank you very much for your help!

 

[scylla]

Thank you so much for your response @scylla! I just have one more question regarding the temporary work permit; Does that include access to healthcare? I am guessing my spouse will not be able to access healthcare while on visit visa? Since buying personal insurance is generally very expensive, I just wanted to know if there is any way for my spouse to be covered under healthcare sooner? Thank you very much for your help!

For the first four months after you submit the complete application package, assume your spouse will have no health care coverage. You'll need to take our insurance to cover emergencies and pay for everything else out of pocket.

Once your spouse has a valid open work permit, options for obtaing health care coverage will open up. Rules vary slightly from province to province. Some provinces require the applicant to be holding a full time job to qualify.

 

[nin_ja]

For the first four months after you submit the complete application package, assume your spouse will have no health care coverage. You'll need to take our insurance to cover emergencies and pay for everything else out of pocket.

Once your spouse has a valid open work permit, options for obtaing health care coverage will open up. Rules vary slightly from province to province. Some provinces require the applicant to be holding a full time job to qualify.

Thanks again @scylla ! We are planning to move to Ontario, if you by chance happen to know anything about it, please let me know. Thank you so much!

 

[canuck78]

Thanks again @scylla ! We are planning to move to Ontario, if you by chance happen to know anything about it, please let me know. Thank you so much!

You wife will have to show that she has a job that will last 6 months to qualify for healthcare. She can then start the 3 month wait period. That means she will likely have no coverage for at a minimum 7 months.

 

[nin_ja]

You wife will have to show that she has a job that will last 6 months to qualify for healthcare. She can then start the 3 month wait period. That means she will likely have no coverage for at a minimum 7 months.

Thank you very much @canuck78!

 

[nin_ja]

Would anyone happen to know if my wife can travel in and out of Canada while an inland spousal sponsorship is in process, considering that it can take 12 months. As I had mentioned my wife will apply for an OWP as well with the PR application. As I had mentioned, my wife will be living with me (i am a PR) in Canada on a visiting visa. I have heard that if she is denied re-entry the application is rejected automatically. Are such denial on re-entry common? Would anyone happen to know what normally triggers such denials? I am assuming they will want to know that she will leave before 6 months (visit visa limit); but since she has already applied for PR, there is clear intent to stay (legally, of course). She has a valid visitor's visa for Canada and it will be valid for about 5+ more years and we plan to keep both our names on the apartment lease.

Please advise as I am really confused about this. Appreciate your help and advice. Thank you very much!

cc: @canuck78, @scylla: Please if you have any thoughts on this. Thanks.

 

[scylla]

Would anyone happen to know if my wife can travel in and out of Canada while an inland spousal sponsorship is in process, considering that it can take 12 months. As I had mentioned my wife will apply for an OWP as well with the PR application. As I had mentioned, my wife will be living with me (i am a PR) in Canada on a visiting visa. I have heard that if she is denied re-entry the application is rejected automatically. Are such denial on re-entry common? Would anyone happen to know what normally triggers such denials? I am assuming they will want to know that she will leave before 6 months (visit visa limit); but since she has already applied for PR, there is clear intent to stay (legally, of course). She has a valid visitor's visa for Canada and it will be valid for about 5+ more years and we plan to keep both our names on the apartment lease.

Please advise as I am really confused about this. Appreciate your help and advice. Thank you very much!

cc: @canuck78, @scylla: Please if you have any thoughts on this. Thanks.

How long does she plan to leave Canada? Note that to qualify for inland, you must be cohabitating. If she is outside of Canada too long / too often, the application could be refused for that reason. You obviously need to be living in Canada as well.

Yes - if she is denied entry, this will cancel her application. No - this isn't common, however re-entry is not guaranteed. Having an OWP does not guarantee re-entry.

 

[nin_ja]

How long does she plan to leave Canada? Note that to qualify for inland, you must be cohabitating. If she is outside of Canada too long / too often, the application could be refused for that reason. You obviously need to be living in Canada as well.

Yes - if she is denied entry, this will cancel her application. No - this isn't common, however re-entry is not guaranteed. Having an OWP does not guarantee re-entry.

Thank you so much for replying @scylla. She would have to make a trip outside Canada for about 4 weeks after about 3-4 months after we start living in Canada. I hope to complete the PR application within the first month of moving to Canada.

Also, we will move to Canada together in the next few months finally. I would be with PR and she will with a visiting visa. Do you think that can cause any problems for my wife to enter on visit visa, since I will be moving with a new job and we have clear plans settle in Canada and she has a only a visit visa. Has anyone been in a similar situation? Appreciate you help and advice. Thanks!

 

[canuck78]

Thank you so much for replying @scylla. She would have to make a trip outside Canada for about 4 weeks after about 3-4 months after we start living in Canada. I hope to complete the PR application within the first month of moving to Canada.

Also, we will move to Canada together in the next few months finally. I would be with PR and she will with a visiting visa. Do you think that can cause any problems for my wife to enter on visit visa, since I will be moving with a new job and we have clear plans settle in Canada and she has a only a visit visa. Has anyone been in a similar situation? Appreciate you help and advice. Thanks!

You should not apply inland if she plans on being away so long. You can also live together and apply Outland but there is no work permit option. There is always a risk when entering as a visitor. You may want to pay for the sponsorship while still in the US and if you are questioned you can say that you’ve paid to sponsor your wife and will submit the application now that you are in Canada.

 

[nin_ja]

You should not apply inland if she plans on being away so long. You can also live together and apply Outland but there is no work permit option. There is always a risk when entering as a visitor. You may want to pay for the sponsorship while still in the US and if you are questioned you can say that you’ve paid to sponsor your wife and will submit the application now that you are in Canada.

Thank you very much for replying @canuck78! Unfortunately being able to work and access to healthcare is quite important to us, so we may not have the option outland. Do you have any idea how long of an absence might be OK without affecting the inland application. Also does waiting for OWP to make the travel help at all (considering that she might get it in 4-5 months)? Also, do you think staying for longer before making the trip helps.

You may want to pay for the sponsorship while still in the US and if you are questioned you can say that you’ve paid to sponsor your wife and will submit the application now that you are in Canada

I did not realize that was option! Do we have to fill the application before making the payment? Because I am guessing they will ask current residence etc. which in this case will still be US. Or is it possible to make just the payment and wait for sometime before actually starting the application.

Again, really appreciate your help and advice! Thanks!

 

[canuck78]

Thank you very much for replying @canuck78! Unfortunately being able to work and access to healthcare is quite important to us, so we may not have the option outland. Do you have any idea how long of an absence might be OK without affecting the inland application. Also does waiting for OWP to make the travel help at all (considering that she might get it in 4-5 months)? Also, do you think staying for longer before making the trip helps.



I did not realize that was option! Do we have to fill the application before making the payment? Because I am guessing they will ask current residence etc. which in this case will still be US. Or is it possible to make just the payment and wait for sometime before actually starting the application.

Again, really appreciate your help and advice! Thanks!

2-3 weeks seems to be the maximum but there is no exact rules. You also have to reenter Canada which also is not 100% guaranteed. Hard to say whether the work permit will help. If your priority is to secure healthcare your spouse will need to try and secure employment that will last at least 6 months. Finding a job can sometimes be tough so you can’t count on getting healthcare. If you are considering getting pregnant you should wait until you have healthcare.

Would add that showing a return ticket when entering Canada that first time is another thing you should consider. You can cancel after you enter.

 

[nin_ja]

2-3 weeks seems to be the maximum but there is no exact rules. You also have to reenter Canada which also is not 100% guaranteed. Hard to say whether the work permit will help. If your priority is to secure healthcare your spouse will need to try and secure employment that will last at least 6 months. Finding a job can sometimes be tough so you can’t count on getting healthcare. If you are considering getting pregnant you should wait until you have healthcare.

Would add that showing a return ticket when entering Canada that first time is another thing you should consider. You can cancel after you enter.

Thanks for your response @canuck78! This is very useful!