Jonesy319

Hi all,
this is my first post - I have some information from other sources yet I am still confused - hoping someone can clear things up for me.

I have dual citizenship, I am currently living in the UK with my British partner and now want to sponsor him. (I am originally from the UK, emigrated to Canada in 1997, became a Canadian citizen in 2003, moved back to the UK December 2012).

I want to sponsor him under the family/common law, I've downloaded the forms and started to collect the evidence, ask people for letters etc. We have been living together since December 2012 so we have the requisite year.

I believe I know the process: we do all forms which go to Mississauga where I am approved (I hope!) to sponsor him then the forms for him and his PR go to London. It seems this process could take around 12 months. We're doing it as Outland.

I am a bit foggy about when we can/should enter Canada and whether or not we tell them he is mid process and whether or not he could fly back to the UK before he got his PR.

~Our goal is to return in July 2015 but we can't be certain yet as he is waiting for the sale of his house which will release the finances we need to support ourselves for the first year. (I still have my own Canadian business but I will have to start drumming up business again.)

~ Is it advisable to travel before there's a decision?

~ If we travel to Canada BEFORE we get a decision, do we tell them at border?

~Should he have a return ticket just in case?

~ Will his UK passport and implied 6 month visa be enough or if we move over and it takes longer than that 6 months for his PR do we inform the CIC?

~ If he needs to return to the UK (a family issue) before a decision will he be able to get back in?

My apologies if these questions have already been asked and answered, I had a look through past posts and could not find any quite like this.

Thanks in advance.
Jonesy

SchnookoLoly

Answers below! They are the pretty standard ones that seem to trip everyone up!

All your plans are completely fine. Get your application filed. It would be best if you wait to move until after you have sponsor approval through, as it just makes things a bit simpler, but it's not strictly required.

Your OH can show up at the Canadian border under what's called 'dual intent' - that is, he is entering Canada with two intentions. The first is to enter as a visitor, bound by all the restrictions placed on visitors (namely, no working!). The second is to stay permanently, but only after PR has been granted. This is totally fine, particularly if he's showing up in Canada with you, his Canadian spouse (spouse for the purposes of the application, I know you aren't married). To do this, you bring with you proof that you've applied for PR. Take a copy of your sponsor approval letter, a copy of your receipt for paying the fees (all $1040 is best!), and a screenshot of ECAS. (I say it's better to wait until you have sponsor approval because then you can go to the border with the letter and your screenshot.) Your OH should definitely have a return ticket, though he can always just opt not to use it. (Even if he books a one-way, chances are the airline won't let him board because of the risk of him being turned away at the border since he's not a Canadian resident.)

He should be able to leave Canada if required, when you re-enter just have all your evidence with you.

You can ask the border agent to give you a year's visitor record, but they may not. Even if they don't, though, you can apply online to extend the visitor visa by another 6 months, and there's about a 99% chance of that being approved.

As to your comment about processing time, it takes right now an average of 6-7 months - have a look at the spreadsheet linked in my signature for a better idea. Things do seem to be slowing down a bit so I wouldn't be surprised if the average bumped up to 7-8, but in any case you should be processed well within a year.

Hope that helps!

Jonesy319

thank you!