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Confused on options for Spousal route

Confused on options for Spousal route

Old Jun 1st 2023, 4:41 pm
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Default Confused on options for Spousal route

Hi,

My wife (Canadian) along with our 2 kids whom both have Canadian citizenship are looking at moving back to NS in August next year. I am keeping my job and also opening a branch of our business over there once settled but I'm seeing some conflicting information on what route to take for the visa process.

Ideally we'd like to move across next August as mentioned and then apply in for the spousal visa in country, but I've read that it may cause issues moving our stuff across with intent to stay permanently, before the actual visa process has been started. But then when you look on the IRC site, it says this: Note: Permanent residents living abroad can’t sponsor from outside of Canada. She's been living with me here in the UK for the past 7 years now, so she would be classed as a permanent resident of the UK i believe.

So with that, how do we best proceed? We want to apply in country so we can guarantee that our kids can start the school year on time and I have no issues with not being able to leave the country until a decision has been made, I'm just not sure of how to achieve the desired scenario, or if it's possible at all?

I've read through the forum to see if there's a similar scenario someone has went through but I can't find anything, so any help or pointers is very much appreciated.
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Old Jun 1st 2023, 4:56 pm
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Default Re: Confused on options for Spousal route

Originally Posted by 5ean;[url=tel:13195787
13195787[/url]]Hi,

But then when you look on the IRC site, it says this: Note: Permanent residents living abroad can’t sponsor from outside of Canada. She's been living with me here in the UK for the past 7 years now, so she would be classed as a permanent resident of the UK i believe.
I believe this is referring to people that have Canadian permanent residency, but now live abroad. Your wife is a Canadian citizen so she can sponsee you wherever. Good luck
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Old Jun 1st 2023, 8:56 pm
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Default Re: Confused on options for Spousal route

Yep, as above, that’s Canadian PR they’re referring to.

But apply asap outland and you’ll have a chance of PR before you move. Inland is for people who are already in Canada on another status (i.e. a work permit). Trying to enter as a visitor and apply inland would be risky for anybody, but even more so if you’re shipping stuff and your entire family is moving. There was a recent case where an American tried to enter to apply inland, and was not only refused entry but also given an exclusion order.

https://decisions.fct-cf.gc.ca/fc-cf...QAHVmlzaXRvcgE

HTH.
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Old Jun 2nd 2023, 2:52 pm
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Default Re: Confused on options for Spousal route

So the only way to get spousal visa is to apply from the UK, there's no way of doing it in country? As mentioned, if we do it from here, there's no guarantee it will get completed by next August and kids going in to their 1st year of school. I understand that's not important to the Canadian government, but just looking to exhaust all potential options of making that happen?
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Old Jun 2nd 2023, 5:52 pm
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Default Re: Confused on options for Spousal route

Originally Posted by 5ean
So the only way to get spousal visa is to apply from the UK, there's no way of doing it in country? As mentioned, if we do it from here, there's no guarantee it will get completed by next August and kids going in to their 1st year of school. I understand that's not important to the Canadian government, but just looking to exhaust all potential options of making that happen?
It may not be completed by next August (although there’s a good chance it will if you get a wiggle on and apply this month), but you can enter Canada under ‘dual intent’ in August and wait for PR there if it’s not quite complete. So it wouldn’t stop your plans at all anyway.

Trying to enter as a visitor and then apply inland is incredibly risky and not something I’d ever recommend. See the link above. Inland is really meant for those already in Canada on another status (work permit, study permit etc).
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Old Jun 5th 2023, 7:23 am
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Default Re: Confused on options for Spousal route

Would I be ok moving all of my stuff across or would still best not doing that and getting the return flights booked? If that's the case, it would be cheaper just waiting it out and letting my wife and kids go across without me which isn't great.
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Old Jun 5th 2023, 7:28 am
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Default Re: Confused on options for Spousal route

Originally Posted by 5ean
Would I be ok moving all of my stuff across or would still best not doing that and getting the return flights booked? If that's the case, it would be cheaper just waiting it out and letting my wife and kids go across without me which isn't great.
Depends - do you mean after you've applied outland and enter under 'dual intent', or planning on moving and applying inland later on? If the former, it's fine to ship your stuff (dual intent means you're allowed to enter with the intention of staying - see the Wiki for more info), but if the latter, absolutely not.

FWIW, a return flight is usually cheaper than a one way anyway, so even if you don't plan to use the return leg, it can be better to book a return to save some cash.
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Old Jun 5th 2023, 7:50 am
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Default Re: Confused on options for Spousal route

Yes i mean applying from here in the UK, then moving everything across next August should the process not be completed at yes.. So that would be fine?
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Old Jun 5th 2023, 7:53 am
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Default Re: Confused on options for Spousal route

Originally Posted by 5ean
Yes i mean applying from here in the UK, then moving everything across next August should the process not be completed at yes.. So that would be fine?
Absolutely fine, yes. https://britishexpats.com/wiki/Spous...d:_Dual_Intent

Good luck.
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Old Jun 5th 2023, 8:54 am
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Default Re: Confused on options for Spousal route

Perfect thank you very much, i've filled out all the form, now just to gather all the supporting docs and get police report etc
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