colophon

Hello all hopefully this is straight forward to answer and I'm sure it has been millions of time so apologies if it has.

I'm a Canadian living in the UK and I'd like to return to Ontario next year with my girlfriend. We've been together for a few years and lived together consecutively for over 12 months to satisfy the common law side of things. Which way would I need to apply for to allow her to be able to move back with me? My brother moved home a few years ago with his wife and child without applying before they moved and his wife (UK national) was granted temporary residency until her PR came through which took over 12 months due to strikes etc. I obviously don't want to put things in motion if there's a right way to do this kind of thing to reduce the processing times. Could someone shed some light that has done this before please?

Again apologies if this has been asked too many times before.

Thanks!

Andy

Hurlabrick

Have you spotted the wiki sections of this forum yet? Load on this exact question there.

In your case of course you will be talking about 'spousal sponsorship'. Your question is then I suspect 'inland vs outland', see the comments about that in this article here:

Spousal Sponsorship-Canada : British Expat Wiki

Personally, I would probably go for outland. You can move under 'dual intent' once your paper are submitted and reasonably advanced (say sponsor approved), but your GF would not be allowed to work until final approval.

The 'risk' of inland is that it may not be so easy to get into Canada in the first place and there is no right of appeal if they decide against you. The advantage is that you can apply for a work permit at the same time as submitting your paper, which may then take 3 - 4 months to come through.

Note that the spousal sponsorship processing timescales quotes by CIC are normally longer than those experienced by straightforward applicants from visa exempt countries. Please refer to the spreadsheet link in my signature line for real life timescales.

For a huge wiki section about spousal sponsorship and load of follow on questions see here:

Spousal Sponsorship-Canada/FAQ - New Application Forms : British Expat Wiki

colophon

Thanks for the info, I have read most of it on the cic site and other immigration websites. When you say sponsor approved that's implying I have a job in Canada which is the sticking point, I'd have to go over and find a job first I'm guessing and then come back to the UK, apply and then both of us go back with her on dual intent? Problem is if it takes 6 months or so to get the approval that's 6 months she's here working/living on her own? Or am I confusing myself?

Edit: I just found this in the Q and A's

"I am the Sponsor, and I don't work. Can I still sponsor my partner?
Yes. There is no minimum income requirement for a Canadian Citizen or PR to sponsor their non-Canadian spouse. It does not matter if the Sponsor is unemployed, a stay-at-home parent, or works a low-income job. The only requirement to sponsor is that the Sponsor is not receiving government assistance (with the exception of disability payments). Note that government assistance does NOT refer to employment insurance, that is a completely different thing. Government assistance refers to programs like welfare - housing assistance, food stamps, and so on."

So I don't need a job before we apply as we don't have kids?

Hurlabrick

Correct AIUI, other may chime in....

colophon

Great thanks for the clarification.