ptomlin01

My Canadian boyfriend of two years (working in the uk for the last 2 years) has got a new job offer and wants to go back to Canada in two months taking me and my two boys (age 13 and 16) with him..

I have no idea where to start, we want to get married at some point and be a family, starting a new life with a new home.

I intend to keep my house in England for a couple of years as I will be leaving my 20 year daughter behind for the time being.

I understand I won't be able to work and he makes enough money to support us.

I am stuck with the school situation.. I need to find out how to go about getting the kids into school and want to phone Canada house for some guidance but can't find a phone number, I was told they are very helpful.

We don't really want to go down the sponsor route because we havent been living together (although we just got engaged). We were thinking of temp visitor permit, then getting married and applying for citizenship in a few years.. I realise I will have to stay here until I get the permit etc. but would like to be there early in the new year.

I wonder if anyone has any guidance or experience to share on the quickest possible route??

Judy in Calgary

I don’t often say this to people, because I believe a diligent person can handle the standard application forms on his/her own. However, I’m going to say it to you, because your situation is complicated. I think it might be a good idea for you to hire an immigration consultant.

I don’t see how you and your kids can go to Canada to be with your boyfriend.

You can go to Canada as visitors. The immigration officer who greets you at the airport has discretion, and can allow you in for as long as he/she pleases, up to a maximum of 6 months, or he/she can deny you entry. Usually the IOs allow visitors to enter Canada, and it’s common for them to grant entry for the full six months.

So let’s assume you get into Canada. So far so good. But then the complications start.

I don’t believe that, as visitors, your children would have the right to receive free schooling at public schools (equivalent of state schools in UK), which are the schools that the vast majority of Canadian children attend. There have been debates around here as to whether or not children who themselves are visitors and whose parents are visitors are allowed to attend public (state) schools in Canada. In the case of the Calgary Board of Education at least, officials have told me that they will only enroll children who have the right to reside in Canada (and that excludes visitors).

Your children could apply for study permits before they left the UK. That would give them the right to study in Canada. But, since YOU would not have the right to study or work in Canada, I don’t believe your children would be entitled to FREE schooling. I think they would be treated as foreign students and would be charged around $10,000 per year (each) if they attended public schools.

The other thing is that, even if you were granted entry to Canada for six months, you would need to apply for an extension of your visitor’s status. I believe the extensions usually are granted for six months at a time. So you would have to apply for an extension every six months or so.

But I don’t know what your chances of receiving an extension are. In order to be granted an extension, the visa officer who processes your application has to be convinced that you still regard your stay in Canada as temporary. I’m not sure how you’re going to demonstrate that when you’re living with your boyfriend, and your children are enrolled in Canadian schools.

Another problem that I think you’ll run into is the right to drive. In the province in which I live, a British visitor can drive on his/her UK licence for six months. As far as I know, he/she cannot drive on a UK licence for longer than that.

This province allows Britons to exchange their UK drivers’ licences for provincial drivers’ licences without road tests (but not all provinces allow exchanges). However, in order to exchange his/her UK licence for an Alberta one, the person has to be a resident of Alberta. He/she cannot be a visitor.

So, if you were to come to this province, you’d be able to drive on your UK licence for six months. After that you wouldn’t be able to drive. (But the issuing of drivers’ licences is handled by the provincial government, the regulations differ from province to province. So your situation will depend on which province you’ll settle in.)

One way around all these obstacles is for you to get a study permit and enroll in a fulltime university course. Then your kids would be entitled to free schooling, and you’d be allowed to get a provincial driver’s licence. But that would cost money, of course. Undergraduate university tuition for foreign students is at least double what it is for local students.

If you do not apply for your daughter to move to Canada with the rest of the family, you will not be allowed to apply for her to join you later. The best thing to do would be for her to officially “land” in Canada with the rest of you. Then she can return to the UK for some time, and join you in Canada later. But keep the two years out of five years residency obligation in mind. But all of that is really only relevant if you come to Canada on some sort of footing that is more solid than that of a visitor.

If your boyfriend was to sponsor you as a common-law partner or as a spouse (in the event you were to bring your intended marriage forward to accommodate this situation), there will be a burden of proof on the two of you. Citizenship and Immigration Canada (CIC) will want evidence that you have a genuine conjugal relationship and that you have not entered into a marriage of convenience.

I am no immigration expert. My husband and I immigrated here 30 years ago as landed immigrants (now referred to as permanent residents or PRs). Our situation was different from yours. So what I have told you here has not been based on my own experience, but rather on what I have read on this forum over the last 2½ years.

In my time here, I have seen people who have wanted to join their Canadian girlfriends or boyfriends in Canada and who have given up the ghost. On the other hand, there also are several members of this forum who have been successful in entering Canada as sponsored spouses or common-law partners.

Perhaps one of the immigration experts who posts on this forum will see your questions and reply to them.

robbie219

Hi,

I wondered if I could join this discussion as the original poster's query is quite similar to mine. I am engaged to a Canadian girl and we are currently 'doing distance', her in Vancouver and I in Scotland. We have planned to be together from next summer onwards when my job committment finishes. My question is similar what is our best option of my moving to Canada and being able maintain my status overthere I.e. not be asked to leave.

Many thanks for any advice on this!

R

ptomlin01

Hi Judy..

Thank you so much for taking the time to reply.. I must say you have covered just about everything that I was thinking myself after I did some research on the cic website.

We had decided that if it helps things along we would marry sooner rather than later. Then go down the sponsorship route. I am thinking after your comments that maybe this will be the best option for us.
I understand that currently sponsorship takes around 6 months to complete.

I think for you Robbie, if you don't have kids, you should find it much simpler to be with your girlfriend..

Lets hope we both find some more help and good advice on here..!

mrmcgoo

I thought I would just add my thoughts too - and like Judy, this is primarily what I have read on the forums whilst doing research for my emigration (my scenario is not like yours though).

What I do know, is that as a UK citizen you can stay in Canada for upto 6 months. The immigration official at the port of arrival can over rule that if they feel you are not likely to return to the UK. One sign of this is whether you have a Return ticket or not. If you don't, the airline is obliged to make immigration aware of this on their documentation (I was told this last week when booking my one way tickets).

There is apparently an easy way to extend your stay a little longer which is to go to the US for a short break then go back to Canada which should get you another 6 months. Having said this, there are no guarantees, and I haven't come across any threads saying how easy this is in reality.

I very seriously investigated the "temporary" route, which is similar to what you are contemplating, while I was waiting for my application to be processed but could not get any guarantees that we could stay for 12 months so the kids could complete a full school year. In the end we felt this was too big a risk to take with the kids education - plus my wallet!

It would appear to me that you two want to be together, so marriage would seem to be your best option and to re-iterate Judy, you must include your eldest on the application now for her to be able to live in Canada if she wants. She must spent 720 days in a 5 year period to validate her status (this actually applies to all of you, individually) - but at least she will have the choice, if she lets it lapse, it's no big deal - she will be unlikely to get the status back easily though if she does.

Anyway, good luck with what ever you choose.

Cheers
Chris

ptomlin01

I think we have decided to bring our marriage forward and go down the sponsored spouse route with me staying in the uk until the sponsorship comes through.. does anyone know if it is better to get married here or in canada..? we are probably going to marry in Canada..

All input greatly appreciated..

mrmcgoo

I guess this would require some Congratulations!!!

I've no idea really, but would guess it would be easier for CIC to confirm/validate if it were in Canada.

Cheers
Chris

ptomlin01

At a time when I am feeling emotionally and mentally drained from trying to find information your very kind post there has brought a big smile to my face.. thank you

Maple Leaf

ahh yes congratulations!!! and yes it does get that way you get into overload with information.

there are many of us here on the boards who have been sponsored to come to Canada by their spouses and common law or defacto partners.

it realy doesn't matter if you marry here or in the UK...as long as it is a legal marraige, both free to marry etc.

if you apply from outside canada it is much faster than inland applications.

Also..regarding your daughter....regardless of whether she intends to come to Canada to live with you or not..she is still included on the application..as you are required to list ALL your children...and ALL your siblings..and that includes half siblings aswell.

as to your other children...and of course i dont' know what the circumstances are...you may require a letter of authority from there father giving permission to leave the country...? that may be something to look further into..as i dont' have children and do not know what is actualy required for that.

We did our application ourselves...as have many here...as to whether you want to use an immigration lawyer ...it would depend on how confident you feel in doing it yourself.....we didn't find it difficult or complicated......and we were a tad concerned because of my health background...BUT...when applying as spouse ...the medical outcome has no grounds on refusal.....(unless you have some disease that is contagious and is a public health issue, then that may casue a problem.)

and you will be able to work.....once you have a spouse visa ...you also have the right to work.......
if you apply from within Canada....you receive what is called approval in principle..about 7 mths after your application which then allows you apply for a work permit. However...out of Canada applicants are usualy finalised completely within about 6mths ( which can vary)


all in all i would say....relax....enjoy your marraige......and the adventure of moving to a new country....it is a beautiful land with many opportunities....

mrmcgoo

It's nice to bring a smile to someones face!

Anyway I would suggest, reading Maple Leaf's post, that you should have no trouble except for the biological father's agreement if he has any rights to the children. Concentrate on getting that if necessary - that's probably the main hurdle for you - the rest should be formality (slow but still a formality!).

Cheers
Chris

ptomlin01

Thank you all for your input.. I will definitely keep you informed as to my progress..

First of all I should have no problem with the father's consent.. we already discussed it..

One more thing, I will travel once a month to stay for a week until the sponsorship comes through. My December or January trip will see us getting married there. There is a possibility that I may get stopped at customs and asked the reason for my visit. Are they likely to refuse me entry if I say on this trip I am marrying my canadian fiance..? If I don't mention the intended wedding for that trip I understand it could get me later? So I wondered if anyone had any ideas of what I should say my reason for visiting is..? In May this year I was stopped at immigration when I travelled to Toronto with my youngest, we only had hand baggage and they thought I might be skipping the country with my child, I was asked a lot of questions about my relationship and they have records from that. I was informed I could be stopped in future so I want to be prepared.

Incidentally we will be moving to the Montreal area, I am told it's a wonderful place to live and bring up children..

I am glad to be going down this route rather than the temporary permit.. I am gathering together all the little keepsakes, receipts and photos I kept from our trips around England and family gatherings.. and yes we are going to go it alone with the form filling, I think the main thing is to triple check everything required is in the application from the start and you don't forget anything as that will cost time.. it may take a few months to get there but once it's done... like you say... I can work and I won't be worrying if we can stay on.. it will be well worth it in the end..

Thanks everyone.. Pauline

ptomlin01

One more thing..(I am starting to sound like Columbo) I found a form (on the cic website I think) which you can download and print which the absent parent signs and has notarised to say he agrees to the children leaving the uk and living in Canada..

I can't seem to find it now.. I wonder if anyone knows the link to it..?

I am not sure about the notarisation bit.. who you would ask..

mrmcgoo

Sounds like a plan coming together!

First, never lie to immigration, if you gain access to Canada through a lie, that's a very serious offence and will pretty much scupper any visa application if you are caught.
Having said that don't offer up information you don't need to. If they don't ask, don't tell!
Make sure you have a return ticket when you arrive and if questioned, explain your plans. Have some proof that you 2 have been together a while and that this is no marriage of convenience.

Try this for the forms
http://www.cic.gc.ca/english/informa...cations/fc.asp

and this seems to be the manual for these types of application, might be useful?
http://www.cic.gc.ca/english/resourc...s/op/op02e.pdf

but I couldn't find a parent consent form either.

As far as "Notarising", it's a legal thing. In short it's when a solicitor confirms that certain documents are genuine in his view.
You can't use any old solicitor. It has to be one that is a registered Notary. There is an association for them and if you find their site, you can search it for notaries in your area.
I think it cost me about £100 to get 10 documents notarised - I can't really remember but it was something like that.

Hope that helps!

Chris

Maple Leaf

hi there i understand perfectly how you feel!!!

i went through all this over 2 years ago...you can read a thread here...>>

what to say at customs

i told them....i was here to visit with my fiancee and we hoped to maybe get married whilst i was here, and then apply for a spouse visa!

(now i was coming with the intent to visit with him...we had thought we would get married and then i would be applying for a spouse visa. )

i had NO problem whatsosever..and they very freindly about it and congratulated me!!!.

Raymate

We got married in Canada (last year, wife Canadian i'm British) now back in the UK, my wife back in Toronto, waiting for the sponsorship to be completed. Been waiting two months so far.