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Family Class - Immigration Advice - Payment / Leaving Questions etc

Family Class - Immigration Advice - Payment / Leaving Questions etc

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Old Jul 20th 2010, 9:49 am
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Default Family Class - Immigration Advice - Payment / Leaving Questions etc

Hi,

Need some advice on the below, maybe not your typical situation! :-

Me and my wife (who is Canadian) got married last year and decided at the start of the year to start to apply for Family class immigration. This was in part due to my below average salary and her contracting and the high house prices over here as we would be first time buyers.

I completed the medical in March and we paid the costs online around April/May.

The thing is we have yet to send off the other forms due to me getting a better job within my company. My wife is still contracting but is most likely going to be looking for permanent work soon, she is under the impression that if we send off the forms and we get approved we have to leave the UK for Canada within 3 months!

I am not sure yet whether to go to Canada or if my wife gets a good job I would rather stay here... we would be living in Ottawa and we both speak next to no French. I want to keep our options open at the moment but am afraid that we paid a load of money for the application and seeing as we haven't sent off the other forms have we wasted it?

Do we really have to leave the UK when we get approved straight away?

Many Thanks
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Old Jul 20th 2010, 11:32 am
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Which forms have you actually sent off, and which have you not?
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Old Jul 20th 2010, 2:42 pm
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Just the medical forms have been submitted so far. The rest are sitting waiting to be sent.
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Old Jul 20th 2010, 6:28 pm
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by TheCookieMonster
Just the medical forms have been submitted so far. The rest are sitting waiting to be sent.
Ok.

So once you submit your application form (you must include the medical receipt, Police certificate, and other required docs with this), you will need to activate your visa, if successful, within 12 months of the date of your medical.

For this you can simply fly to Canada, activate the visa, and return to the UK to live and work for another 3 years if you wish.

I'm not sure where your wife gets the 3 months info from other than the Police Certificate last 3 months.
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Old Jul 20th 2010, 6:34 pm
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by el_richo
I'm not sure where your wife gets the 3 months info from other than the Police Certificate last 3 months.
Returning citizen sponsoring PR for spouse is supposed to show evidence of plan to return to Canada shortly I expect.


Once PR visa is issued there is nothing to stop the OP landing and then returning to the UK to tie up loose ends, potentially for as long as 3 years before PR status is beyond saving.
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Old Jul 20th 2010, 7:04 pm
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by iaink
Once PR visa is issued there is nothing to stop the OP landing and then returning to the UK to tie up loose ends, potentially for as long as 3 years before PR status is beyond saving.
Don't forget that the usual 2 out of every 5 year rule often doesn't count for those married to Canadians, as if you are accompanying a Canadian citizen spouse abroad that time counts as well for PR status purposes.
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Old Jul 20th 2010, 7:23 pm
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by christmasoompa
Don't forget that the usual 2 out of every 5 year rule often doesn't count for those married to Canadians, as if you are accompanying a Canadian citizen spouse abroad that time counts as well for PR status purposes.
True, forgot about that....
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Old Jul 20th 2010, 7:45 pm
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by iaink
Returning citizen sponsoring PR for spouse is supposed to show evidence of plan to return to Canada shortly I expect.


Once PR visa is issued there is nothing to stop the OP landing and then returning to the UK to tie up loose ends, potentially for as long as 3 years before PR status is beyond saving.
Of course. A simple letter stating the fact that you will be returning to live, and will make things more permanent after a successful application, including info on where you intend to live etc. A letter from Canadian family members seems to work a treat.
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Old Jul 20th 2010, 7:46 pm
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by iaink
True, forgot about that....
Oh, i keep forgetting that one too. I'm already a year toward my citizenship and still living outside of Canada
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Old Jul 21st 2010, 9:40 am
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Cheers Guys,

So if we submit the applications this weekend it may take over 6 months to get approved... even if it gets approved before March we don't take our yearly Holiday to Canada till July time..... does that mean a brand new medical and application process as it'll be over 12 months since my last one?
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Old Jul 21st 2010, 9:42 am
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by TheCookieMonster
Cheers Guys,

So if we submit the applications this weekend it may take over 6 months to get approved... even if it gets approved before March we don't take our yearly Holiday to Canada till July time..... does that mean a brand new medical and application process as it'll be over 12 months since my last one?
Why take the risk. Just take your yearly Canadian holiday a little sooner, next year
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Old Jul 21st 2010, 10:38 am
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by el_richo
Oh, i keep forgetting that one too. I'm already a year toward my citizenship and still living outside of Canada
Erm.....no you're not. Sorry El-richo, but time spent outside of Canada with a Canadian spouse doesn't count for citizenship purposes, only for PR status requirements.
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Old Jul 21st 2010, 10:56 am
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by christmasoompa
Erm.....no you're not. Sorry El-richo, but time spent outside of Canada with a Canadian spouse doesn't count for citizenship purposes, only for PR status requirements.
Oh way to go put a damper on my thumbs up smiley.
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Old Jul 21st 2010, 10:59 am
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Default Re: Family Class - Immigration Advice - Payment / Leaving Questions etc

Originally Posted by el_richo
Oh way to go put a damper on my thumbs up smiley.
Ooops, sorry! Here you go, have some more to make up for your smilie being dampened.

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