What do you tell customs?

[back-itch]

Hi all,

I'd like some advice. I'm Canadian and my wife is British - we have two small children. We've been overseas for about 10 years and we're immigrating back to Ontario in about 3 weeks. We're looking to submit an Outland Application for my wife in the next month. I'm currently employed by a Canadian company, we own a house in Canada and we also own a place in the UK. My wife is currently not working as she's on maternity.

My wife and kids will be spending the summer and fall with me in Ontario on a tourist visa. They're entitled to 6 months if I'm not mistaken. We were hoping to have her and the kids to stay for the entire 6 months, returning to the UK (with me) around Christmas to see family. In the New Year (2016) the intention was to have her return to once again be with me in Canada.

My question: What do I tell customs on arrival at Pearson?

i) The Outland application won't be processed and may not even be in the system by the time we arrive.
ii) Do I tell customs everything I've written above? I can show return airfare to the UK if necessary.
iii) Could I theoretically just say we're here for a month and then just have her stay for 6 months instead? Would that be less problematic?

Any advice would be appreciated. The dilemma as I see it is that we're making the move to Canada at the same time as we're submitting the Outland Application.


Any thoughts or suggestions are welcome and appreciated.

Thanks,

 

[chilkootcee]

Always be fully honest. Tell them your complete story. They just need re-assurance that those who have a visit visa will promise to leave before it expires.

 

[SchnookoLoly]

First, don't lie to the border agents. If she is planning on staying for 4 months, then say she's planning on staying for 4 months.

Read this link: http://britishexpats.com/wiki/Spousal_Sponsorship-Canada#Can_I_wait_in_Canada_while_my_application_is_being_processed:_Dual_Intent

If you are able to file the application BEFORE you head to Canada, that will help you out massively. If you are not able to, then at least bring as much of your application wtih you and have it ready as proof you are intending to apply - you can even pay the fees online before you file the application since it's done separately, a few people have done that as hard evidence that their application will be filed shortly.

Basically, you will just need to convince the officer that your wife and kids will leave when their visitor visas end, so they'll want to see ties back to the UK, understanding of immigration rules, return flight, etc. They aren't "entitled" to 6 months, 6 months is just the standard that visa-exempt visitors tend to get, but the agent can choose to give more or less than the requisite 6 months. It's not a given. And if you rock up to the border with red flags blazing then you could well get less than the normal 6.

If you file your application beforehand it likely won't be in the system yet, but you can show proof that you've filed - send the package tracked and signed delivery so you have a delivery receipt, bring a receipt from having your medicals done, bring the receipt showing you paid the full RPRF fee, and so on.

Hope that helps!

BTW, there is also an FAQ linked in my signature that is geared towards CA/UK pairings applying outland, it should help you out massively as you put your application together.

 

[Majromax]

I'd like some advice. I'm Canadian and my wife is British - we have two small children.

If you are a Canadian citizen, then if they are your biological children then your kids are Canadian citizens themselves by descent.

 

[SchnookoLoly]

If you are a Canadian citizen, then if they are your biological children then your kids are Canadian citizens themselves by descent.

As long as the OP was born or naturalized in Canada. If he obtained his Canadian citizenship by descent then his kids are not Canadian.

 

[Sharcan]

Hi! We are in almost the same situation....I am Canadian, husband German, we have 2 children and are planning on moving to Canada in October, I am starting a job in November in Ontario. I was wondering the same thing! My husband is planning on coming with us...we have a bit more time for our application(pretty straightforward!) to be approved but I have just been thinking that if my husband doens't get his PR until we land in Canada....what happens then?!?! Will he have to leave Canada? When will he have to leave? Does he get a tourist Visa when we explain to the Border Officer in Toronto what our situation is when we land?

Sorry to highjack your thread! : just a bit confused...

 

[chilkootcee]

FYI...eligible spouses waiting in Canada for PR are now allowed to work (SchnookoLoly you might want to update your wiki)...this is a huge help and relief for those who have their spouses in Canada...

http://www.cic.gc.ca/english/department/media/notices/2014-12-20.asp

http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

C.

 

[SchnookoLoly]

Yes, that's for inland applicants only, the work permit that takes roughly 4 months to get. It's in the wiki. Outland applicants cannot work.

 

[chilkootcee]

ah...I see...makes sense now. Thanks for the update!

 

[back-itch]

Hi all,

Thanks for the great information - it's helpful and much appreciated.

Would someone please have a minute to clarify:

On the sponsorship evaluation, how should I fill out questions 5 and 6? My understanding is:

4: Yourself = 1
5A: Current Undertaking = 1 (wife)
5B: Previous undertakings = 0 for all boxes
6A: 0
6B: = 2 (my 2 kids)
Total = 4

My second question:

On the generic application form for Canada, question 3 should be "4" - myself, wife, 2 kids?

Thanks in advance

 

[canuck_in_uk]

My husband is planning on coming with us...we have a bit more time for our application(pretty straightforward!) to be approved but I have just been thinking that if my husband doens't get his PR until we land in Canada....what happens then?!?! Will he have to leave Canada? When will he have to leave? Does he get a tourist Visa when we explain to the Border Officer in Toronto what our situation is when we land?

As there is pretty much no chance his app will be done before November, he will be entering as a visitor. He doesn't get a tourist visa; he will get visitor status, most likely for the standard 6 months. If his PR app still isn't done near the end of that, he can apply to extend his stay.

On the sponsorship evaluation, how should I fill out questions 5 and 6? My understanding is:

On the generic application form for Canada, question 3 should be "4" - myself, wife, 2 kids?

4) 1
5a) 1
5bi) 0
5bii) 0
5biii) 0
5biv) 0
6a) 0
6b) 2
7) 4


IMM0008 - question 3 - The answer is 1. Because you and the children are Canadian, you ARE NOT considered family members for the purposes of this application.