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Express entry applying with dependant without valid visa in country of residence

Express entry applying with dependant without valid visa in country of residence

Old Feb 5th 2017, 6:07 pm
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Default Help!Express entry application

Hello all please I need advice as I am really confused on what to do.
I am about to apply for the federal skilled worker programme under the express entry, the cic questionnaire says I am eligible to apply and I would like to apply as the main application with my spouse and daughter as my dependants. I'm a medical doctor from Nigeria, I'm currently in the UK doing my MBA which started Oct 2016 and would like to make my move to Canada from the UK taking my family with me.
My wife has now spent 7 years in the UK but just a month before she gave birth to our daughter in Nov 2015 she lost her valid stay in the UK due to the fact that her employer at the time refused to extend her tier 2 work permit at the last minute. This didn't give her enough time to sort her affairs or get a new employer plus her having a new baby which regretably resulted in her overstaying in the uk beyond the validity of her visa. She later made an application under the flr fp 10 year route since beginning of 2016 to try regularise her status in the UK but the home office only just replied last week asking for additional information which she has been unable to provide so she's now losing all hope in them granting the application.

My question now is can I apply for our Canadian PR in the UK with her and my daughter as my dependant's bearing in mind she doesn't have a valid leave to remain ? My daughter was born in the UK and doesn't have any passport yet
Or will she and my daughter have to travel back to Nigeria to put in their own application and can they apply at the same time as me?
If she still has an application with the home office when we put in our Canadian PR application within the UK does this override the fact that she didn't have valid leave to remain before applying to the home office ?

I'm really confused on what to do and any help and advise will be highly appreciated.

Last edited by MDeegee; Feb 5th 2017 at 6:43 pm. Reason: To edit title
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Old Feb 5th 2017, 9:07 pm
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Default Re: Help!Express entry application

Originally Posted by MDeegee
I am about to apply for the federal skilled worker programme under the express entry, the cic questionnaire says I am eligible to apply
That's great. Remember it's a two stage process though - you are eligible to enter the 'pool' of applicants, but then once in the pool only those scoring the highest are selected and invited to apply for PR. So what is your score on the CRS, is that enough to get PR? You can calculate it here, remember that you can't claim your MBA yet, and just guesstimate your scores for English language etc for now to give you a rough idea of your score - Comprehensive Ranking System (CRS) tool - Skilled immigrants (Express Entry)

Originally Posted by MDeegee
My question now is can I apply for our Canadian PR in the UK with her and my daughter as my dependant's bearing in mind she doesn't have a valid leave to remain ? My daughter was born in the UK and doesn't have any passport yet
Or will she and my daughter have to travel back to Nigeria to put in their own application and can they apply at the same time as me?
If she still has an application with the home office when we put in our Canadian PR application within the UK does this override the fact that she didn't have valid leave to remain before applying to the home office ?

I'm really confused on what to do and any help and advise will be highly appreciated.
You just apply online, so it doesn't matter where you are. CIC will chose the visa office that processes your application, that's not something you have a say in. To be processed via London, you'd need to have been 'legally admitted for a year or more', so I'm not sure your wife would come under that? So you might find it's processed via the visa office that deals with your home country, but as above you don't choose anyway so it's not something you need to worry about.

Re: your wife's issues, it might be worth starting a new thread in the Moving Back to the UK forum, where they can help you out with that side of things.

HTH, best of luck.
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Old Feb 5th 2017, 10:41 pm
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Default Re: Help!Express entry application

Originally Posted by christmasoompa
That's great. Remember it's a two stage process though - you are eligible to enter the 'pool' of applicants, but then once in the pool only those scoring the highest are selected and invited to apply for PR. So what is your score on the CRS, is that enough to get PR? You can calculate it here, remember that you can't claim your MBA yet, and just guesstimate your scores for English language etc for now to give you a rough idea of your score - Comprehensive Ranking System (CRS) tool - Skilled immigrants (Express Entry)



You just apply online, so it doesn't matter where you are. CIC will chose the visa office that processes your application, that's not something you have a say in. To be processed via London, you'd need to have been 'legally admitted for a year or more', so I'm not sure your wife would come under that? So you might find it's processed via the visa office that deals with your home country, but as above you don't choose anyway so it's not something you need to worry about.

Re: your wife's issues, it might be worth starting a new thread in the Moving Back to the UK forum, where they can help you out with that side of things.

HTH, best of luck.
Thanks you so much for your reply above.I will definitely use the link to calculate my score. Do you know what the minimum to maximum score needed for an ITA for PR is?

Also as per my wife, she was in the UK legally for 5yrs from 2010 to 2015 before her work permit ended and now she has no legal status, the question is can I include her and my uk born daughter in my Canadian application from within the UK? I am in the UK legally as I have a student visa till February next year.I was told the application office will request our passports and proof of residence which my wife does not have presently (she's trying to sort this out but not sure if it will be granted or not).
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Old Feb 5th 2017, 11:04 pm
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Default Re: Help!Express entry application

Originally Posted by MDeegee
Thanks you so much for your reply above.I will definitely use the link to calculate my score. Do you know what the minimum to maximum score needed for an ITA for PR is?
The lowest it's ever gone to is 450 if that helps? So ideally you'd be aiming for 480 or above to get an ITA fairly soon.

Originally Posted by MDeegee
Also as per my wife, she was in the UK legally for 5yrs from 2010 to 2015 before her work permit ended and now she has no legal status, the question is can I include her and my uk born daughter in my Canadian application from within the UK?
As above, you just apply online and it doesn't matter where in the world you are when you do that, it could be Timbuktu! If your wife isn't in the UK legally (that's a whole other issue - I'd really recommend you get advice on that, particularly as it could affect your application to Canada if she's been illegally in another country), then your application can't be processed via the London visa office, and it will be sent to the office that serves Nigeria when you are at that stage. But you don't need to worry about that anyway, you simply apply on the website and CIC will transfer it to the visa office for you.

Of course you include your wife and your daughter, but it doesn't matter where you apply from.

HTH.
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Old Feb 5th 2017, 11:43 pm
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Default Re: Help!Express entry application

Originally Posted by christmasoompa
The lowest it's ever gone to is 450 if that helps? So ideally you'd be aiming for 480 or above to get an ITA fairly soon.



As above, you just apply online and it doesn't matter where in the world you are when you do that, it could be Timbuktu! If your wife isn't in the UK legally (that's a whole other issue - I'd really recommend you get advice on that, particularly as it could affect your application to Canada if she's been illegally in another country), then your application can't be processed via the London visa office, and it will be sent to the office that serves Nigeria when you are at that stage. But you don't need to worry about that anyway, you simply apply on the website and CIC will transfer it to the visa office for you.

Of course you include your wife and your daughter, but it doesn't matter where you apply from.

HTH.
Thanks so much I'm so grateful for your insight. Will post further if there are any other clarifications I need.
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Old Feb 6th 2017, 2:55 am
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Default Re: Express entry applying with dependant without valid visa in country of residence

Note as part of the PR application, once you are invited to apply, you have to include all details of travel, where you have lived and provide details of any refused visas, overstays etc etc.

In your case I would suggest seeking legal counsel.
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Old Feb 6th 2017, 4:40 am
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Default Re: Express entry applying with dependant without valid visa in country of residence

Originally Posted by Engineer_abroad
Note as part of the PR application, once you are invited to apply, you have to include all details of travel, where you have lived and provide details of any refused visas, overstays etc etc.

In your case I would suggest seeking legal counsel.

Thanks so much for the reply. I don't know any Canadian immigration lawyer but I will ask people and see if I find anyone who can give me legal advice on this.
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Old Mar 5th 2017, 7:49 pm
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Default Re: Express entry applying with dependant without valid visa in country of residence

Hello MDeegee,

I am wondering if you have found any information regarding this. I am in the same situation and would be happy to hear from you. Thanks
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Old Mar 5th 2017, 9:28 pm
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Default Re: Express entry applying with dependant without valid visa in country of residence

Originally Posted by Larrr
Hello MDeegee,

I am wondering if you have found any information regarding this. I am in the same situation and would be happy to hear from you. Thanks
No not yet. But when I do will post more information here. We are trying to get our documents assessed through eca first and then try to increase our score on the express entry pool. Before moving to the next step.
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Old Mar 5th 2017, 9:34 pm
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Default Re: Express entry applying with dependant without valid visa in country of residence

Originally Posted by MDeegee
No not yet. But when I do will post more information here. We are trying to get our documents assessed through eca first and then try to increase our score on the express entry pool. Before moving to the next step.
Many thanks. I will also intimate you if I get any useful info
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Old Mar 5th 2017, 9:50 pm
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Default Re: Express entry applying with dependant without valid visa in country of residence

Originally Posted by Larrr
Many thanks. I will also intimate you if I get any useful info
That seems a bit forward considering you don't know the guy. I'm guessing that was a typo.

Welcome to BE.
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Old Mar 5th 2017, 10:10 pm
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Default Re: Express entry applying with dependant without valid visa in country of residence

Originally Posted by christmasoompa
That seems a bit forward considering you don't know the guy. I'm guessing that was a typo.

Welcome to BE.
"To intimate", a verb meaning 'to hint' or 'make known'. Thanks
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Old Mar 5th 2017, 11:52 pm
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Default Re: Express entry applying with dependant without valid visa in country of residence

Originally Posted by Larrr
"To intimate", a verb meaning 'to hint' or 'make known'. Thanks
Not used in that way on everyday English, and would not be understood in that way by any Brit I know (myself included).

Might be better to say something like 'I will inform you if I get any useful info' or 'I will let you know if I get any useful info' - not trying to preach, just a helpful hint
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Old Mar 6th 2017, 3:37 am
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Default Re: Express entry applying with dependant without valid visa in country of residence

Originally Posted by Larrr
"To intimate", a verb meaning 'to hint' or 'make known'. Thanks
Ah, in which case it wouldn't be 'intimate you', doesn't make sense in English. Sorry, I didn't mean to pick you up on your grammar, I assumed it was just an autocorrect funny!
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Old Mar 6th 2017, 3:55 am
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Default Re: Express entry applying with dependant without valid visa in country of residence

Originally Posted by Larrr
"To intimate", a verb meaning 'to hint' or 'make known'. Thanks
Make known indirectly, or hint. When you intimate something, it is implied rather than specifically stated.

e.g. Larr intimated he would let us know when he had further information.

Last edited by Aviator; Mar 6th 2017 at 4:54 am.
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