+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Spouse visa - how can we apply

clarebears

Newbie
Oct 27, 2008
1
0
I have recently landed my canadian visa and now have my PR status, however i want my fiance who is on a south african passport to join me in canada.

Please can you help with

A, will i have to be residing in canada to apply for a spouse visa, whislt my fiance stays in the uk until the application is complete?

B, if this is case can i return to the uk for vist's

many thanks
 

Leon

VIP Member
Jun 13, 2008
21,950
1,321
Job Offer........
Pre-Assessed..
A. You can not apply for a spouse visa unless you marry or if you qualify as common law (have lived together for 12 months) but if you qualify as common law, you will be in a pickle with immigration because you just landed as a single PR and didn't disclose your common law partner which would prevent you from sponsorship forever. So lets just say that you did not qualify as common law but then you have to marry before you can sponsor. As a PR, you can not sponsor from outside Canada.

B. As long as you have established residency to start the sponsorship, you can leave again to the UK to visit, just make sure you have somebody in Canada to pick up your mail and let you know so you don't miss anything important from immigration. Your partner could also come to Canada to stay with you on a visitor visa.
 

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
Actually, a citizen of the UK is visa-exempt and does not need a visitor visa to travel to Canada. Once you're married you can accompany her to Canada and speak on her behalf to get her permission to stay with you during processing of the application. You need to follow the instructions that pertain to visa-exempt nationals that's available at the US2Canada website, on the "Visiting" tab. Pay special attention to the information about Visitor Records. You, as a PR, are required to remain in Canada in order to be eligible to sponsor.

Be aware that it's taking approximately 3-9 months for overseas processing through London, and if an interview is required she will have to attend in London. The inland process, in contrast, takes between 12-18 months to finalize, there is no right of appeal, and applicants should not leave Canada during processing because if they are refused re-entry their inland application is forfeited.

As Leon said, if you were previously common-law partners, you're going to be prohibited from sponsoring her because you did not declare your "qualifying relationship" before you landed. If you were not living together before you immigrated to Canada, be sure that you do not put anything in the sponsorship application that would give CIC reason to believe that you were. Living together is not a requirement for being found to be a "genuine" couple for immigration purposes - so be careful what you include as "proof" of your genuine relationship.
 

frolic

Hero Member
Jul 21, 2008
218
5
Since she is on a South African passport she would need a temporary visa to come to Canada to visit. Yes you have to reside in Canada to apply to sponsor and in your case will probably have to be married. Leon is right that if you qualify as common-law that would cause you more issues than help you.
 

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
Oops, yep, you're right. I missed the part about the South African passport. Apologies.