Sponsoring spouse while residing outside Canada as a PR

[janniboy88]

I have tried to find this information in a variety of places on the net, but with little luck.
1.On some places it says that only Canadian citizens can sponsor from outside Canada and on others I read that it is possible for a Permant Resident if I qualify Humanitarian & Compassionate grounds. I am still a student in Germany and will graduate next summer. After that me and my wife plan to come to Canada together. So why not submit an application from Germany. Why should I wait until we arrive in Canada and then my wife would have to wait even longer for her permanent residence card.

2.If it is not possible for me to sponsor my wife from outside Canada as a PR, how should we proceed? When we arrive in Canada next year should we file an application saying that my wife resides now in Canada or should we say that she still resides in Germany, as I hear that the process may be faster when we say that she resides in Germany.
3.What possibilities does my wife have if she is in Canada but does not have a permanent residence card. She is a Pharmacy technician here in Germany and is it realistic to get a work visa or something in Canada? What kind of possibilities does she have if she wants to go to school?

 

[Leon]

I think it's a long stretch to think that you would qualify on H&C grounds just because you are studying in Germany. You can try it though. Let us know how it goes.

If you decide to wait or get refused and must wait until you are in Canada to apply, it is generally faster to apply outland. If you apply outland, you use the forms for wife not living in Canada but you can still give your address in Canada. It is always your right to apply through your country of nationality if you want to.

Your wife can not get a work permit based on being your spouse. If she is German and under 35, it is possible that she can get a working holiday visa. Check the website of the Canadian embassy in Berlin, see http://www.canadainternational.gc.ca/germany-allemagne/youth-jeunesse/index.aspx?lang=deu&menu_id=75&menu=L They will have the information. They usually open the program in November or so and then she can apply for a visa to go in 2011. She will then have to go to Canada some time in 2011 and it is valid for a year after she arrives. That is an open work permit for one year which should be enough to cover her until the PR comes through. If she can not get a working holiday, she can apply for a regular work permit only if she finds an employer who is willing to apply for her labour market opinion proving that he has looked for Canadians and PR's for the job and not found one. If he gets the LMO, she can apply for a work permit. If she wants to study, she can take courses less than 6 months that do not give college credits without getting a student visa. If she wants to study for real, she needs to get accepted to a college and then apply for a student visa.

 

[janniboy88]

Hey Leon,

thank you very much for your fast reply. Just to get it right: You say that it is possible to Apply for "Sponsoring a Spouse Outside Canada" and my wife can still get a "working holiday"? That would be quite good. What is your experience with "working holidays"? Is it hard to get an approval?

Thanks a lot

 

[Leon]

I don't know if it will affect her eligibility for a working holiday that she is married to a Canadian PR. The rules for working holiday vary a bit between countries. You have to ask the embassy about that.

I know a couple of people who have gotten a working holiday visa from Germany and I do not think it is hard to get approved at all if you meet all their requirements. However, there is a limited number of visas so if you want the 2011 visa, you need to apply soon after they open the program. They open in November and the visas might be gone in April or maybe sooner so you can not wait too long. If you miss the opportunity to apply, you would not be able to apply again until Nov. 2011 for the year of 2012.