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Best way of moving to Canada with a Canadian spouse?

Best way of moving to Canada with a Canadian spouse?

Old Oct 29th 2016, 8:23 am
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Default Best way of moving to Canada with a Canadian spouse?

Hello all,

I've just joined this site and am hoping you can help.

I'm a Brit, married to a Canadian, and we both live in the Philippines.

We expect to move to Canada at some point to settle down, and so I'm seeing what the options are. So far it looks like I can:

1) from the Philippines, apply for PR with my wife sponsoring me
2) from the Philippines, apply for PR through the express entry system
3) go to Canada, stay for up to 6 months and apply for a TWP while there
4) go to Canada and apply for PR with my wife sponsoring me

Have I missed any other obvious options?
Is one clearly better/easier than the others?

Any advice/guidance is much appreciated!

Ian
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Old Oct 29th 2016, 8:34 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Hi, welcome to BE.

You've listed a few options, but the reality is that you may find only option 1 is possible.

The problem with option no. 2 is that most people don't score enough on the CRS to qualify for PR via EE without a job offer - check your score, but you'll need to be at approx 480 or higher going on recent draws.

Plus there are potential issues with trying to enter as a visitor when you do actually intend to stay (how will you prove you will return to the Philippines and what ties will you be able to show?), you may not be given 6 months on entry (it's up to six months, so you could only be given two weeks), and even if you do get the full six months that is unlikely to be enough time to get PR before your visitor status expires. Add in other practicalities like not being eligible for healthcare, and it's just a lot of hassle when you have an easy route to PR where you are now.

No. 3, unless you have specialist skills could be tricky, finding an employer prepared to spend $1000, go through lots of paperwork and hassle, and wait months for you to start work might not be likely. Once you've got PR and are work authorised though, should be much easier to find a job. And ditto the above again, trying to enter as a visitor when you intend to stay might be problematic.

No. 4, you can do but again the same issues with trying to enter as a visitor. There is something called 'dual intent' (see the Spousal FAQ for more info), where you can enter as a visitor and wait for PR whilst in Canada, but for that to apply you do need to have applied for PR before you go (and have proof of it to show the CBSA officer). The usual advice is to wait until you're at the 'sponsor approval' stage before doing that.

IMO, the easiest way by a mile would be for your wife to sponsor you now for PR, then you can enter Canada with PR and be able to work straight away if you wish. Alternatively, look at your CRS score and you could then potentially apply under EE if you do score enough, but spousal sponsorship is generally a much better route for those that can apply that way (no ECA or IELTS needed, no proof of funds, no refusal on medical excess grounds, etc). But it would certainly be easier to have PR before you go to Canada if you can however you decide to do that.

HTH a bit, best of luck.

Last edited by christmasoompa; Oct 29th 2016 at 8:43 am.
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Old Oct 30th 2016, 4:33 pm
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Default Re: Best way of moving to Canada with a Canadian spouse?

Option 1. No contest.

Why complicate things? .
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Old Oct 30th 2016, 4:44 pm
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Default Re: Best way of moving to Canada with a Canadian spouse?

I agree too. However, expecting to move to Canada at some point is not sufficient to make the application. Your wife, as a Canadian citizen living abroad, will have to sign a declaration saying she intends to move back to Canada straightaway when you are approved for PR and provide evidence for this.

S

Last edited by Snowy560; Oct 30th 2016 at 4:46 pm.
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Old Oct 31st 2016, 9:35 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Many thanks christmasoompa, Shirtback and Snowy560 for your comments and advice.

You all agree that option 1 is the way to go which is helpful. If I were to pursue this, I understand that my wife's sponsorship application would be processed in Canada, but my application would be processed by an overseas visa office. So my next question is:

If I apply for PR via sponsorship and from the Philippines, which visa office will process my application (London or Manila), does it make a difference, and can I influence this?

Lastly, in terms of getting my application together, from what I've seen the most difficult/time consuming thing will be getting the police reports. Since the age of 18 I've lived in the UK, France, Netherlands, Haiti, Afghanistan and now the Philippines (I work in international development). The CIC website is helpful in advising how to get police reports from those countries. Furthermore, for the Netherlands and Haiti I don't need the police report in order to submit my application, since it's only upon application that the Canadian authorities issue a letter requesting a police report, which I then need to use in order to get one.

Having said that, I'm not underestimating the time it will take to get police reports for the following:

UK - online application through ACRO
France - apply in writing, to the Casier Judiciaire National
Afghanistan - nearest Afghan Embassy or Consulate (I'm going to Dubai next week and will try there)
Philippines - apply online or in person at any National Bureau of Investigation (NBI) office

Assuming I can get police reports for the above, get the other items, submit an application, get a letter from CIC requesting police reports from Netherlands and Haiti, the biggest hurdle I foresee is getting the police report from Haiti as this requires an in-country application (can be through a friend) including finger prints among other things.

So, my second question from this post is: Does this all make sense and is there anything I can do to make this easier? (a long shot I realise but that's a lot of hoops I'm about to jump through)

Many thanks,
Ian
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Old Oct 31st 2016, 10:15 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Originally Posted by IAP
If I apply for PR via sponsorship and from the Philippines, which visa office will process my application (London or Manila), does it make a difference, and can I influence this?

Simple answer is, no you can't influence where they send the application following Sponsor Approval.


They normally send the application on to the visa office that corresponds to the Principal Applicant's nationality, not where they live. AIUI, you are British but with a job that requires you to go globetrotting.


So that will be either London (UK) OR Ottawa.


The Ottawa thing may seem odd, but they seem to be using Ottawa to take the strain off the London office. Ottawa processing times are normally much faster than London.


I suppose they COULD send it to Manila, but less likely. In any event, you can't influence where they send it.


For processing times for both London and Ottawa, see the spreadsheet link in my signature line below. As regards processing times for Manila, do a search for a similar outland spousal sponsorship processing times via the Manila office on the CanadaVisa website.
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Old Oct 31st 2016, 1:03 pm
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Default Re: Best way of moving to Canada with a Canadian spouse?

Originally Posted by IAP
Many thanks christmasoompa, Shirtback and Snowy560 for your comments and advice.

I'm a bit late to the party as I've been away and am just catching up.

I will echo what the others have said, option 1 is the way to go.

You all agree that option 1 is the way to go which is helpful. If I were to pursue this, I understand that my wife's sponsorship application would be processed in Canada, but my application would be processed by an overseas visa office. So my next question is:

If I apply for PR via sponsorship and from the Philippines, which visa office will process my application (London or Manila), does it make a difference, and can I influence this?
No way to influence it. CIC can make the decision to send to London (based on the fact that you're British) or send to Manila (based on the fact that you are resident in the Philippines). If I had to guess, AND IT IS ONLY A GUESS, it would go to London because most apps going to the Philippines would require visas, so given your case would in theory be more straight forward, I would guess it would go to London. But it's impossible to say if CIC will do that, you'll have to just apply and hope.

Lastly, in terms of getting my application together, from what I've seen the most difficult/time consuming thing will be getting the police reports. Since the age of 18 I've lived in the UK, France, Netherlands, Haiti, Afghanistan and now the Philippines (I work in international development). The CIC website is helpful in advising how to get police reports from those countries. Furthermore, for the Netherlands and Haiti I don't need the police report in order to submit my application, since it's only upon application that the Canadian authorities issue a letter requesting a police report, which I then need to use in order to get one.

Having said that, I'm not underestimating the time it will take to get police reports for the following:

UK - online application through ACRO
France - apply in writing, to the Casier Judiciaire National
Afghanistan - nearest Afghan Embassy or Consulate (I'm going to Dubai next week and will try there)
Philippines - apply online or in person at any National Bureau of Investigation (NBI) office

Assuming I can get police reports for the above, get the other items, submit an application, get a letter from CIC requesting police reports from Netherlands and Haiti, the biggest hurdle I foresee is getting the police report from Haiti as this requires an in-country application (can be through a friend) including finger prints among other things.

So, my second question from this post is: Does this all make sense and is there anything I can do to make this easier? (a long shot I realise but that's a lot of hoops I'm about to jump through)

Many thanks,
Ian
It sounds like you've covered your bases with this portion of the application... and brownie points to you for having done your own research first, hehe. But yeah, not much you can do to make it easier or quicker. Some places might let you pay an extra fee for expedited processing (like the UK) but I'm not sure about the others. It'll be a pain to get it all, but you'll have to do it. Not much way around it!

Best of luck!
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Old Oct 31st 2016, 1:08 pm
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Default Re: Best way of moving to Canada with a Canadian spouse?

I think you have a good handle on the police reports stuff. They will be your hurdle for sure. The British one took me (i.e. my wife) about 6 weeks from requesting it FYI.


But no, I don't think there is any way of simplifying it, just download all the forms, dive in, crack on and be methodical!


The wiki section in my signature line below is invaluable in help you to complete the forms and you should definitely refer to this when you do fill them in.
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Old Dec 7th 2016, 12:34 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Very many thanks Hurlabrick and SchnookoLoly for your advice and encouragement.

All seems clear, as you suggest I now need to simply get on with it.

If it can help anyone, I was in Dubai last month and tried to get a Police report from the Afghan consulate, as the CIC website suggests is possible. Long story short, they told me that I need to submit a letter request to the Ministry of Interior (MOI) in Kabul. I don't think that needs to be done in person and luckily I still have some contacts there.

Thanks again to all who've commented, this site is a fantastic resource.

I may well be back with more questions, or maybe just for some moral support!

Cheers and merry Christmas.

Ian
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Old Mar 16th 2017, 12:20 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Hi all,

I now have 3/4 of the police certificates I need initially.

While that is ongoing I have another question related to something mentioned in a previous post:

Once my spousal sponsorship visa is approved and issued, within what time frame would I actually need to move to Canada?

All advice very welcome.

Thanks
Ian
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Old Mar 16th 2017, 12:24 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Originally Posted by IAP
Hi all,

I now have 3/4 of the police certificates I need initially.

While that is ongoing I have another question related to something mentioned in a previous post:

Once my spousal sponsorship visa is approved and issued, within what time frame would I actually need to move to Canada?

All advice very welcome.

Thanks
Ian
Depending when you had the medicals and validity of passport it can vary but it won't be more than 12 months that the COPR is valid for. Some have only been given weeks to do the landing BUT after the landing is done you could land one day and leave the next and then return within 3 years of the landing date and still meet the 730 day residency obligation which starts on the date of the landing.
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Old Mar 16th 2017, 7:07 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Originally Posted by Former Lancastrian
Depending when you had the medicals and validity of passport it can vary but it won't be more than 12 months that the COPR is valid for. Some have only been given weeks to do the landing BUT after the landing is done you could land one day and leave the next and then return within 3 years of the landing date and still meet the 730 day residency obligation which starts on the date of the landing.
Or, if he's with the Canadian spouse then there no need to move back within the 3 years at all, anytime spent living with his spouse abroad counts as time inside Canada for residency purposes.

OP - have a look at the Wiki and you'll find relevant articles about how long you have to 'land' once you've got PR, as well as info on how to maintain your residency obligations.

HTH.
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Old Mar 16th 2017, 8:39 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Originally Posted by christmasoompa
Or, if he's with the Canadian spouse then there no need to move back within the 3 years at all, anytime spent living with his spouse abroad counts as time inside Canada for residency purposes.

OP - have a look at the Wiki and you'll find relevant articles about how long you have to 'land' once you've got PR, as well as info on how to maintain your residency obligations.

HTH.
Well there is that bit as well
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Old Mar 16th 2017, 9:43 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Originally Posted by IAP
Hi all,

Once my spousal sponsorship visa is approved and issued, within what time frame would I actually need to move to Canada?
Bear in mind that as part of the application, you will need to demonstrate intent to reside in Canada once approved - in my experience, initial proof wasn't enough, so we had a request for more (at the same time as another form). Although you can do a trip specifically for landing if/when approved, they seem increasingly unwilling to issue it unless they think you're going to pick up and go quicksharp.
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Old Apr 24th 2017, 5:07 am
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Default Re: Best way of moving to Canada with a Canadian spouse?

Many thanks Former Lancastrian, Christmasoompa and Vulcanoid.

That seems quite easy: once I have the visa (!) I can land before the expiry of the COPR to activate my PR status. But then could leave again if I need to. And since my spouse and I will be living together that satisfies the Residency Obligation.

Vulcanoid - thanks for the reminder of the need to prove intent to reside in Canada. This does seem tricky but the wiki has some suggestions so we'll give it a shot. Any additional tips welcome.

One other question I have is about translating documents:

Following a minor miracle I am now in possession of a letter from the Afghan Ministry of Interior stating that I have no criminal record in Afghanistan. This letter is in Dari.

I presume that I now need to get a translation of the letter into English. Is this correct and are there any guidelines around this?

Thanks as always.
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