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Spouse visa query

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Old Oct 9th 2009, 10:27 pm
  #1  
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Default Spouse visa query

Hi this is my first post after loads of reading of this excellent site!

I'm a Canadian born citizen now living in the UK. My wife and I are wanting to move back to Ontario. As she is a UK citizen we need to go down the Spouse visa route.

My understanding is that once the visa/pr is granted we must move back to Canada within 12 months.

My question is after pr is granted can we land in Canada for 2 weeks whilst on a recce then return to the UK with the intention of returning approx a year later.

For example apply for PR now, guess PR is granted March/April time, go on holiday for 2 weeks April/May time to activate the PR, then return to Uk with intention of moving permanently Apr 2011 possibly going over the 12 month time period.

If I have interpreted the Wiki info correctly the benefit of doing this would be that my wife would be building up time lived in the UK as though she was in Canada meaning she could apply for Citizenship one year earlier than if we waited to get the PR April 2011.

We are not wanting to move until Apr 2011 as we are expecting our second child early next year and want to get through the hard first year in familiar surroundings and then onto the challenges emigrating will bring!

any info regarding this will be much appreciated, thanks

Last edited by gregster119; Oct 9th 2009 at 10:32 pm.
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Old Oct 10th 2009, 12:17 am
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Default Re: Spouse visa query

I did the same thing. Although you are ambitious if you think you will get PR in March. It takes a good year, or at least it did for me.

Once achieved I came over for a week, landed, got my pr papers then went back to the UK for 9 months and travelled before settling here 1 year later.
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Old Oct 10th 2009, 12:20 am
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Default Re: Spouse visa query

Are you sure she will build up time while in the UK ?- I am 99% sure I didnt for the same situation but this was almost 10 years back so the rules may have changed
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Old Oct 10th 2009, 12:35 am
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Default Re: Spouse visa query

1. In order for you to sponsor, you must demonstrate an intention to move back to Canada.

2. Your wife's time with you outside Canada will count for preserving PR status, not citizenship. If the wiki said otherwise, it's wrong.

3. http://britishexpats.com/wiki/Canadi...hip_by_Descent
Read that as it relates to your children.

4. Have you also got British citizenship?
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Old Oct 10th 2009, 1:44 am
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Default Re: Spouse visa query

thanks for the replys. just read a bit further and after landing time spent outside Canada with my spouse counts towards residency obligations but not towards citizenship. i now understand the difference between these two things.

in answer to some of the q's. i am a british citizen as well, so time spent in Uk raises no issues. We have already started down the route of citizenship for our son. We have just applied for his proof of citizenship card/certiifcate and once that is here we will apply for his passport (what a long wait though 12-15 months!!).

for our unborn child we are going to do the same but at the same time as applying for the proof of citizenship we will also apply for a temporary passport for them as the poc card probably wont come through in time.

from johnehsmith's reply it sounds like it is possible to 'land' then come back to the UK. what did you say to the Immigration officers as i could imagine this would bring up querys regarding to demonstrating an intent to move back to Canada.
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