laurab1271

Hi all, hoping someone can shed some light as im new to all this.
My husband is Canadian and I am British, we met two years ago and married on my birthday this year. We met in Tenerife, lived there for over a year, living together since the first day we met, but for us Tenerife was never a place we wanted to live permanently, theres a real lack of opportunity for the young. So as he has dual citizenship we went and lived with my dad in england for a few months. Me and my dad don't get on so it wasnt great and my spouse was home sick. So I went to Canada with him and I stayed there with him and his family for 6 months, but I've had to return to england because my visiting visa ran out and I had booked a dog grooming course and needed medical matters attended too in the UK. However, when we initially booked my flight back to england, my brother had booked the wrong date, and we only found this out until the day after I was supposed to leave (long story!!). So the next flight that was a reasonable price that we could afford was booked, everything else was coming up over $3000 one way, but for this particular day it was $900. I think this mistake may have took me a little over my 6 month visa by a few days though, however I have the paperwork for the flights to show the borders should they ask. Im returning to Canada next month and will apply for my PR inland, but I really am very concerned about getting through the borders. My husband works and before I was just living with him and his family, making friends and exploring and since seeing it over there, that's where I want to be and who I want to be with. I'm just really working myself up, I dont know what we will do if for what ever reason I'm not allowed back in. Am i likely to encounter any issues? How should I prepare for them? Am I better off booking a return flight so it looks like I'm just visiting him or should I say I intend to stay with him and his family and apply to live there inland? I'm completely lost and after looking online I've seen so much great advise on this forum so hoping somebody will be able to help me out!

Former Lancastrian

If you were not issued a voluntary removal letter or a removal order and you have left Canada then don't sweat it even if you overstayed as you have now left the country. have you submitted a spousal sponsorship application as you are married to a Canadian?
As long as you have proof that you are married to a Canadian then it only becomes an issue if no spousal application submitted. Legally for CBSA purposes no return flight is required but some airlines get edgy especially if no legal status in Canada. Get a one year open return ticket. When you fly back to Canada show CBSA proof of marriage to a Canadian or that an application has been submitted and request a 12 month visitor record.

If you haven't submitted a spousal sponsorship application then DO IT.

BristolUK

Just out of curiosity... Is this part of that rule change back around 2005/06 that allowed spouses to stay while Spousal Sponsorship/PR application considered or was that in place before then?

laurab1271

Thanks so much for your response! I was taking with a friend over there whom married a Cuban man and she told us the one thing we do NOT do is apply whilst im out of the country or leaving then going back as they wouldn't let me back in if noting had went through, she said we must do it as soon as im landed and don't have to go back anytime soon. I could apply for it and simply return even if the application hadn't yet been accepted?

Novocastrian

That's actually nonsense. You can apply inland or outland.

Snowy560

A Cuban (visa required) making an inland application is a totally different prospect to a UK citizen (visa exempt) making an overseas application (for various reasons).

S

Former Lancastrian

Its always been at the discretion of an officer how long to admit a person who has no right of entry into the country. Common sense being that rarely is a spouse refused sponsorship though it can happen. As processing times have changed and now with the pilot OWP for inland applications there is now a change to do Inland as opposed to Outland but before the OWP pilot it was mainly Outland over Inland.

BristolUK

Okay, thanks.

They didn't use it in my case but I didn't ask...I just worked on the basis of an extension if needed.

laurab1271

If I go out November on a visiting ETA and have just came back beginning of September with visiting ETA will that be fine? As is, theres no limit on how many days you have to be out of the country before you may return?

Former Lancastrian

There is no rule like that. Have you submitted a spousal sponsorship application?

laurab1271

No I haven't, we was doing it when I was back there so it was an inland application, I have my marriage certificate to take with me in hand luggage. I've been looking online to book an open return but can't seem to find which airlines offer this, any advice? Thanks all for your help, I really appreciate it

MillieF

Laurab, why are you submitting your spousal forms in Canada, I believe it's a he'll of a lot quicker and easier if you submit them from the UK?

christmasoompa

As advised above by FL, you're running a huge risk trying to enter without proof of having applied for PR. Note that FL is a CBSA officer, and he said the following "then it only becomes an issue if no spousal application submitted".

This is because if you've submitted an application you can enter under dual intent (see the FAQ for info), but that doesn't sound like it will be the case? Definitely try to apply asap and before you go if you can, ideally so you've got sponsor approval before you travel, and then you shouldn't have any issues as you'll come under the dual intent rules.

Good luck.

SchnookoLoly

Weighing in here, I'm with Oompa. You really, really should apply outland, so that when you land in Canada you have your application filed and then are highly, highly unlikely to be turned away. I can see you having huge issues showing up in Canada - no real ties to back home, husband in Canada, no application lodged yet... yeah, that's going to really cause problems I think.

I really think you should apply outland before you go to Canada. You'll have your PR within about a year and you can wait in Canada as a visitor while your application is being processed.

There's a FAQ in my signature, and it also links to the 'main' spousal sponsorship wiki article. Both of those will give you a BUCKET of information and will help you make your decision.

Again, my advice would be to apply outland before you go to Canada.

Hope that helps.

laurab1271

Okay, so after reading through this I understand it'll be 100% in my benefit to apply outland, but how long does it usually take for the initial application to be accepted? have I left it too late now to be returning to my husband mid November? I'm so grateful for the advice from everybody, I'd probably have got turned away had it not been for this so a huge thank you to all that have taken the time to respond!!