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Spousal vs Skilled worker visa

nush

Newbie
Mar 29, 2011
7
0
Hello all
I need help
I am Canadian and my husband is French. We are travelling right now in Australia and will be intending to return home to Canada to settle down.
We have just realised the visa processing times for both types of visas and are shocked! We thought it would take maximum 3 months.
My first question is, what is a faster processing time : a skilled worker visa or a spousal visa. Also do i have to be in Canada at the time of this appication (if spousal).
Secondly, If an application is lodged, is he able to travel to Canada as a visitor during the whole process time. I understand he may not stay or work, but is he able to fly in to visit me?

Is it easier to just apply for a working holiday visa and then apply for a spousal once he is in the country?

im very confused and not quite sure how we are going to work this out.

Many thanks in advance for your all your help!!!
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
Spousal is still faster - and fewer requirements. If you are a Canadian citizen, you can submit an application to sponsor him even if you are living abroad. You must include with the application proof of your intent to return to and settle in Canada. If you are only traveling abroad and you still maintain a job and place of residence in Canada, there is no need to indicate that you are not "home" when you submit the application, and no proof of intent to return needed. Because your husband is from France, his outland application would be processed at the embassy in Paris. They are currently finalizing spousal applications within 9 months. This is, however, an "outside" timeline, and a complete spousal application submitted with proper evidence in support of the relationship, proof of medical examination, and all necessary criminal clearances (from every country he's lived in for more than 6 months since age 18) should be finalized without additional documentation or an interview (which would happen at the embassy) in less time than what's posted. You also have the option to apply for his PR from within Canada - if he comes back with you - but applying inland is not really recommended for visa-exempt nationals, and it is not required. There is no right of appeal with an inland application, the processing times are longer (straight forward applications won't even receive first stage approval until 9-10 months after submission, and then it's another 3-8 months or more for finalization) and the applicant must remain in Canada for the duration or risk forfeiting the application if they leave and are not readmitted.

As far as accompanying you to Canada - your husband is visa-exempt, which means he does not have to apply for permission to visit Canada prior to boarding transport. It does mean, however, that he will undergo examination at the Canadian port of entry - and it is at their discretion whether or not to allow him to enter. That's where you come in. As his spouse, you can accompany him in - proving your legal marriage and that you have applied (or intend to soon apply) to sponsor him for permanent status. You should also be able to prove that you have the financial means to support him - because he will not be allowed to work. If your paperwork is in order (have actual proof of the marriage (your legal marriage certificate) and evidence of support and the PR ap) they should document him on a Visitor Record valid for at least six months so that he can wait in Canada with you for his PR processing to be finalized. With the VR, it's possible for him to apply from within Canada for an extension if the PR ap is not finalized before his VR is due to expire. By submitting the extension application so that it's received by CIC before his VR expires, he will be legal to continue to stay in Canada even after the expiration - until they send him a new temporary status document (another VR). When submitting the extension ap, be sure to include the same evidence of the legal marriage, your financial support, and the PR ap in process to ensure approval.

It is okay for him to be in Canada and still have his application processed through Paris. The application will go to the Case Processing Centre in Mississauga, Ontario first - where they assess your eligibility to sponsor. That will take about 35 days or so. If you are approved, CPC-M transfers the application to the embassy in Paris. He will need to get his passport to the embassy at some point - usually towards the end of the process when they're ready to finalize - and then he comes back to Canada and "lands" at the port of entry as a permanent resident. In the meantime, he can stay in Canada as a visitor for as long as his temporary status remains valid.
 

nush

Newbie
Mar 29, 2011
7
0
Hi there,
Thanks very much for the information, was very useful.

Our problem is as well the ability for him to work. Does this mean whilst in Canada he will not be able to work in 9 months whilst the visa is being processed, or will he be given a temporary right to work.

Would it be easier for him to Enter the country on a Working Holiday Visa and then after apply for PR thru me? because then the could work right away upon entry.

Thanks again for your help

Nush
 

canadayogini

Star Member
Oct 31, 2010
125
2
Melbourne, Australia
Category........
Visa Office......
Sydney
Job Offer........
Pre-Assessed..
App. Filed.......
01-11-2010
AOR Received.
20-12-2010
File Transfer...
09-12-2010
Med's Done....
06-10-2010
Passport Req..
01-04-2011
VISA ISSUED...
13-04-2011
Hi Nush,

I don't have an official answer on that but I have heard/seen other people entering on a WHV and had it recommended to myself while I am also waiting for the PR. (I would do it again but now I'm too old for it!) Assuming your husband meets the requirements for this it sounds like an easier way to go initially while you are waiting for the results of the outland PR application visa (well explained by RobsLuv - I love this poster!)...

If for some reason the WHV expires before the PR is approved, I would think your husband can then follow the route of the a vistor, as explained, which I think would require your husband to re-enter as a visitor, again following the path described earlier.... and no, as a visitor, he would not be able to work.

Good luck! Enjoy the rest of your travels through Australia
 

nush

Newbie
Mar 29, 2011
7
0
hi all
Robs Luv and Canadayogini, thanks so much for the brilliant advice, you seem to know your stuff. I think we may now go the spousal visa route because there is no more space (places limited) for the working holiday program. It's a pity, because i feel this would have been easier.

Now my last question. i truly hope you can answer.

We are in Auckland, NZ right now. We will be applying for the spousal visa this week and plan to arrive into Canada at the end of June. This should not be a problem i understand, correct? i will have all my documents in order and proof showing financial status. ** if whilst he is in the country waiting for the PR to be processed, he gets a job offer in a position of his professional domain, can he submit to get a work permit? (whilst he is waiting for the finalisation of the PR). Or is it better to wait to get a job offer and then submit the application.

i hope im not confusing you....the real aim is to get him working asap...that's our dilemma.

Any thoughts, helps, advice is GREATLY appreciated!!
 

scylla

VIP Member
Jun 8, 2010
95,847
22,112
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Yes - he can search for a job from within Canada.

If he finds an employer willing to hire him, the employer will first have to apply for a labour market opinion (LMO). More details about the LMO process are below. You should be aware that some/many employers may not be willing to go through the LMO process due to the time and effort it takes. So be prepared for some rejection based on this fact.

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp#tphp idtphp

If the labour market opinion is approved, your husband can then apply for a work visa.

Hope this helps and good luck.
 

nush

Newbie
Mar 29, 2011
7
0
Thanks Scylla,
DO you know the time frames in which these are processed?
also - is a work permut the same as a work visa? im getting the two mixed up and hoping there isnt a difference!

thanks again.