Waiting on a response from Canadian Immigration but ready...

[brule]

Good day,

I am a canadian citizen living outside of canada. I got married to a local and would like migrate back to canada. My wife has applied as a skilled worker and sent in the application two years ago. She as a file number and we are just awaiting the process.

We would like to move to canada and she will just take out a multiple entry visa with our local office.

My intention is that she will move to canada with me, get a job and if she cannot move the application to canada she will travel back to her local country to do the necessary with the application.

My questions are as follows:
Can she move the application to canada with her?
Can she purchase a one way ticket? if not why?
Is there anything illegal about this?

Can some one give me more information regarding my objective - which is for us to move to canada and not be apart.

 

[PMM]

Re: Waiting on a response from Canadian Immigration but read

Hi

Good day,

I am a canadian citizen living outside of canada. I got married to a local and would like migrate back to canada. My wife has applied as a skilled worker and sent in the application two years ago. She as a file number and we are just awaiting the process.

We would like to move to canada and she will just take out a multiple entry visa with our local office.

My intention is that she will move to canada with me, get a job and if she cannot move the application to canada she will travel back to her local country to do the necessary with the application.

My questions are as follows:
Can she move the application to canada with her?
Can she purchase a one way ticket? if not why?
Is there anything illegal about this?

Can some one give me more information regarding my objective - which is for us to move to canada and not be apart.

1. Well you should have sponsored her, as a Canadian residing outside Canada you can sponsor, you just have to include a statement that once your spouse is issued a visa, you will return to Canada. It should also show what plans in Canada you have for accommodation and work. She would have had her visa in about 6 months after the application.
2. No, she can't move her SW application to Canada, nor can she work in Canada until she is a PR.
3. it is unlikely that she will be issued a trv since it is her intention to remain in Canada.
4. As she is not a PR, the airline will most likely not allow her to board with a one way ticket.

PMM

 

[brule]

Thanks for the response.

Now that it has almost been two years should we wait out the skill workers application or just submitt another with me sponsoring her as suggested?

Also isn't is possible that some one visiting canda that is not a PR can be offered a job?

Just options..

 

[BCbound]

Things seem to be a bit muddled up for you. I'm going to guess that you got married after she had applied as a skilled worker and that is why you did not go down the Spousal sponsorship route. Is that the case?

As I see it you have 2 options. Wait for the skill visa (could take a while yet) or drop it and re-apply under a sponsorship. You need to have been married and/or living together for a year before doing this however.

The advantage to changing to a sponsorship is that the process is faster and unless they suspect your marriage is in name only, they basically can't refuse to let you bring your wife into Canada.

Whatever you do, she isn't going to be able to work until she gets her Permanent Residency. You could apply from outside Canada or move to Canada today with her and she could enter on a tourist visa. You could then just keep getting that extended once you started the sponsorship application from within Canada if you wanted to, but she couldn't work.

 

[Steve241277]

Hi BCbound

I know ive prob asked this a thousand times before but.....

If my girlfriend was to go on a tourist visa (same as just turning up on holiday???) how easy is it to keep extending it?

Obviously with the view to her living with me for a year then me sponsoring her as my commonlaw. We are not married or havent lived together as yet but been together for almost a year (I know this means nothing tho).

I know she cant work, but it seems the only way round being together.

Thanks

 

[brule]

Things seem to be a bit muddled up for you. I'm going to guess that you got married after she had applied as a skilled worker and that is why you did not go down the Spousal sponsorship route. Is that the case?

As I see it you have 2 options. Wait for the skill visa (could take a while yet) or drop it and re-apply under a sponsorship. You need to have been married and/or living together for a year before doing this however.

The advantage to changing to a sponsorship is that the process is faster and unless they suspect your marriage is in name only, they basically can't refuse to let you bring your wife into Canada.

Whatever you do, she isn't going to be able to work until she gets her Permanent Residency. You could apply from outside Canada or move to Canada today with her and she could enter on a tourist visa. You could then just keep getting that extended once you started the sponsorship application from within Canada if you wanted to, but she couldn't work.

This is not the case we got married and then she applied - so when she sent through the application we were not married a year yet. We didn't see the benefit of me sponsoring her since i did not live in canada. We were also under the impression that her being married to a canadian did not really make a difference. We are now married for 2 1/2 year living outside of canada.

Ok in my current position what would be my best option?
1. Wait for the skilled worker to come through and then move to canada.
2. Drop the skilled worker route and sponsor her from outside candad (is this even possible)
3. Drop the skilled worker route and i move to candad and sponsor her from canada?

Also what sort of time frame am i looking at again for her skilled worker application. We have already waited almost two years and all we have is a file number and application being processed..

thanks in advance.

 

[jeevesbond]

You could apply from outside Canada or move to Canada today with her and she could enter on a tourist visa. You could then just keep getting that extended once you started the sponsorship application from within Canada if you wanted to, but she couldn't work.

Hi, have just joined as am searching for answers. This advice is useful for my circumstances, but wanted to get some opinions on my/my girlfriends plans for getting me into Canada.

Currently the plan is:
1. In August 2006 I will quit my job and go to Canada as a visitor for 6 months. Aside from my day job, am a freelance web developer so will continue to work from Canada but using English pounds, and English bank account (and possibly an English PO Box for snail mail). Basically still working in England, but physically located in Canada.
2. Near the end of the 6 months marry my girlfriend and apply for residency (either just permanent residency or citizenship, citizenship could wait though). This would be an application from within Canada (correct?)
3. She has the means to support us, without me working, if needs be.

Is this possible, or totally foolhardy? Will I be allowed to buy a one-way plane ticket? Would the Canadian Customs tell me to naff off when I reach Toronto Airport? And is it possible to stay in Canada while the paperwork for Permanent Residence is being processed?

Oh and thanks in advance for any help!

 

[PMM]

Hi

You could apply from outside Canada or move to Canada today with her and she could enter on a tourist visa. You could then just keep getting that extended once you started the sponsorship application from within Canada if you wanted to, but she couldn't work.

Hi, have just joined as am searching for answers. This advice is useful for my circumstances, but wanted to get some opinions on my/my girlfriends plans for getting me into Canada.

Currently the plan is:
1. In August 2006 I will quit my job and go to Canada as a visitor for 6 months. Aside from my day job, am a freelance web developer so will continue to work from Canada but using English pounds, and English bank account (and possibly an English PO Box for snail mail). Basically still working in England, but physically located in Canada.
2. Near the end of the 6 months marry my girlfriend and apply for residency (either just permanent residency or citizenship, citizenship could wait though). This would be an application from within Canada (correct?)
3. She has the means to support us, without me working, if needs be.

Is this possible, or totally foolhardy? Will I be allowed to buy a one-way plane ticket? Would the Canadian Customs tell me to naff off when I reach Toronto Airport? And is it possible to stay in Canada while the paperwork for Permanent Residence is being processed?

Oh and thanks in advance for any help!

1. Ok first of all Permanent Residence and citizenship are two different things. You have to become a permanent resident, first, then have 3 years residency in Canada to apply for citizenship.
2. It appears that you have not looked at www.cic.gc.ca this is the offical CIC site, has all the manuals applications.
3. You can buy a one way ticket, but it is unlikely the airline will board you as you are not PR/citizen, remember you are supposed to be coming as a visitor, which means the intention to leave.
4. You can carry on you overseas business, but you cannot have any CC customers.
5. Look at http://www.cic.gc.ca/english/sponsor/in.html about in Canada sponsorship.

PMM

 

[jeevesbond]

I have spent much time on that web site. Found it ambiguous and confusing. Namely whether I would be allowed to stay in Canada whilst my application was being processed and what the differences between applying for citizenship Vs. Permanent residence are.

Maybe I'm just stupid for not being able to interpret that site, well it's more like am paranoid about interpreting things wrongly! My future - literally - depends upon it!

Thanks ever so much for the answers (especially about work and the airline ticket - have just checked on that and am suprised it's possible to book that far in advance!) I have some more worries about whether it's possible to stay in Canada past the 6 months if am waiting for the Permanent Residence paperwork to go through. I'll head to the CIC site link you gave before asking though!

 

[BCbound]

Steve241277 and Jeevesbound.

I consider it rude to hi-jack someone else's post in order to ask your own questions. I doubt that Brule is interested in your problems or questions. Brule is looking for answers to his questions, not yours.

Start your own posts.

Brule, OK, you have lived together for over 2 years and that is good. If you had waited till you had been together a year and then applied to sponsor your wife from outside Canada, she would probably have had her PR visa by now. However what's done is done so let's move on.

You can sponsor your wife from outside Canada or from within Canada. From outside is actually usually a bit faster than from within. Who knows why.

So the question is whether to switch now from a skilled worker application or not. I think it will probably still take longer than a sponsorship application if you started one now. She should get part of the fees she paid back I believe and a skilled worker visa is never guaranteed, even if she does have enough points. They have already filled their quota (there is one) for 2006 I believe, so it wouldn't be before 2007 in any case.

I would write them and cancel the application. Then go on the CIC website and read all the info on sponsoring a spouse from outside Canada. Download the forms and fill them in. It really isn't that difficult but you do have to read everything through several times before it all makes sense to you. Typical bureaucratic doublespeak I'm afraid.

Once you send of your application, she should get a PR visa within 9 months and with a little luck, even sooner. My wife's took exactly 6 months. Once she has it, you are free to move to Canada and she can work from day one as a PR.

If you wanted to, you could fly to Canada with her tomorrow and she would just enter as a tourist. Once in Canada, you could apply to sponsor her from within Canada and once you started that process, she could ask to have her tourist visa extended. People do this all the time.

But she could not work until she got the PR visa. So you would have to support both of you. Whereas if you stay where you are now and sponsor from outside Canada, then presumably you are both working there.

It's up to you.

 

[gentlespirit512]

The advantage to changing to a sponsorship is that the process is faster and unless they suspect your marriage is in name only, they basically can't refuse to let you bring your wife into Canada.

I have to say that this statement may be a bit misleading. They can refuse to let your wife come into Canada if they suspect that she is not being truthful with them at the border. They can refuse her entry if they believe that she will overstay her legal time in Canada without filing an extension. There are a variety of reasons that she could come to the border and be denied entry. Unfortunately many, many couples must wait it out on separate sides of the border.

Also, if your wife wants the freedom to leave Canada if necessary, you may be better off to fill out the"out of Canada" forms even if you stay in Canada. The in-Canada class has no appeal rights either.

 

[Steve241277]

Ok guys......sorry for jumping in on your queries.


BCbound.......I just saw someone was on the same thread of conversation as me and joined in thinking we may be able to share experiences/answer each others Q's!


You know what its like when you have so many things going through your head a month or two before you land.


Again sorry........good luck brule!!!!!

 

[jeevesbond]

Well apologies for doing wrong, but please stop being so rude about it.

I didn't "hijack" this thread, just added my own questions as I *thought* they were on-topic. If they're not then all you needed to do was tell me - respectfully - to start another post, or just split the topics yourself.

Good luck with your application Brule! If I have anymore questions I'll start a new thread. Sorry, for being rude, but I didn't realise that was the case.

 

[brule]

Thanks a lot BCBound. And thanks other for understanding.

AFter we went through the sponsor-ship form i was under the impression sponsor-ship outside of candad would mean that i had a residence in Canada - which i don't. I will go through the forms again but i will definately take this route of sponsor-ship.

 

[BCbound]

As a Canadian citizen sponsoring a spouse from outside Canada brule, you don't need anything but your citizenship. You don't need to have a home, you have to promise you will support her for 3 years but you don't even have to say where you will get the money to do that.

You do have to give some reasonable explanation though of what your plans are. ie. you will arrive with X funds, you will stay with relatives, you have a skill/profession and good expectations of finding work quickly etc. You don't want it to sound like you will arrive and both go on welfare in other words.

Read the sponsorship requirements and use your brain in responding.