Spousal Sponsorship questions

[AmieElizabeth]

Hello!

I am a UK citizen living in Montreal on an IEC working holiday visa. I will be marrying my partner here in Quebec on 24th June. My current visa runs out on 25th July. I have to return to the UK for my best friend's wedding on 12th August. We've begun looking at the process for spousal sponsorship but in all honesty, it's completely overwhelming. I have a few questions.

1. Should I wait until I return to Canada to send our application, as I'm not sure if it's okay to leave during an active application? (Read horror stories about people being refused as visitors at the border and their applications being cancelled) If so, will there be complications on my return because I'll be waiting for PR/ work permit?

2. If we apply before I leave, will there be a problem because my visa runs out on 25th July? Do I need to do something f to change my status in Canada?

3. I'm currently not living with my future spouse as I'm working as a live-in caregiver and part of my contract means I must reside with the family I work for, but on my return to Canada I will be living with my spouse. Is this going to cause problems, should I just explain that in the application?

This is just the beginning of my confusion but I would truly appreciate any advice!

Thanks for reading
Amie

 

[Ponga]

Since you are from the UK, you are planning to submit an Outland application (even if you are in Canada) correct?! Do NOT assume that you must submit an Inland application, because that would be a huge mistake, since other UK applicants are completing the entire PR process in ~ 6 months or less. You would not qualify for the OWP with an Outland application, but even with an Inland application, you couldn't continue to work beyond the expiry of your current IEC anyway. You would need to stop working until the OWP arrived, ~ 4 months after the applications were received by CIC. You would not have Implied Status as a worker, only as a visitor, so...DON'T APPLY INLAND!!!!

1. It would be best if you left on, or before, the day that your IEC expires (since you're planning to go anyway), so that you will not be in Canada without status. If you are refused re-entry into Canada, the Outland application continues processing. Be sure you understand what Dual Intent is and how CBSA uses that for assessing a person seeking entry (or re-entry) into Canada with...a dual purpose.

2. See # 1

3. Just explain the situation, but even then...cohabiting with a spouse is not even required for an Outland applicant (it is for Inland).

Good luck!

 

[AmieElizabeth]

Since you are from the UK, you are planning to submit an Outland application (even if you are in Canada) correct?! Do NOT assume that you must submit an Inland application, because that would be a huge mistake, since other UK applicants are completing the entire PR process in ~ 6 months or less. You would not qualify for the OWP with an Outland application, but even with an Inland application, you couldn't continue to work beyond the expiry of your current IEC anyway. You would need to stop working until the OWP arrived, ~ 4 months after the applications were received by CIC. You would not have Implied Status as a worker, only as a visitor, so...DON'T APPLY INLAND!!!!

1. It would be best if you left on, or before, the day that your IEC expires (since you're planning to go anyway), so that you will not be in Canada without status. If you are refused re-entry into Canada, the Outland application continues processing. Be sure you understand what Dual Intent is and how CBSA uses that for assessing a person seeking entry (or re-entry) into Canada with...a dual purpose.

2. See # 1

3. Just explain the situation, but even then...cohabiting with a spouse is not even required for an Outland applicant (it is for Inland).

Good luck!

Hi, thanks for your response. To be honest, I've not even considered Outland so I know very little (nothing) about the process. Would I need to be in the UK to submit the appplication? Could I return to Canada after applying or not? I've heard you can be called to an interview in your home country?

 

[Hurlabrick]

Hi, thanks for your response. To be honest, I've not even considered Outland so I know very little (nothing) about the process. Would I need to be in the UK to submit the appplication? Could I return to Canada after applying or not? I've heard you can be called to an interview in your home country?

Useful stuff here about Inland vs Outland:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Inland_vs_Outland_Applications

Also, it is not obvious HOW you apply for Inland as opposed to Outland. It all depends on how you answer Q4 on the checklist, see here:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms#Sponsored_Persons.2C_Item_4_-_how_do_I_specify_inland_or_outland.3F

Yes, it is possible that there will be an interview and if there is one, it may be in London (UK) as you are a UK citizen. Having said that, it is incredibly rare for a Canadian Sponsor / UK Citizen combination to ever be asked for an interview, so you should probably consider that no more than a theoretical possibility.

I too would strongly suggest you do an outland application (which you can start and submit NOW while you are still in Canada BTW). For real world timescales, see the spreadsheet link in my signature line.

PS - probably best to start all the paperwork now, but to not actually submit the pack until you are married and have a copy of the marriage cert (so you can apply as married).