jayna

I need a little bit of advise and hope some body can help me .I have tried finding a contact number for the canadian embassy and am having no joy..

If my fiance of 4 years is a canadian citizen and i want to move to canada with my child from the uk...

can he sponsor us as his spouse ? if not whats is the best options

can my child go to school once we have applied ?

If i do apply while waiting can i work ?

The aim is to move out there and get a bigger house for us to live in ..marriage ,more kids etc ..we have waited long enough..!

any advised would be great .

Thanks:

mandymoochops

Look at the top of the page and on the blue bar you will see WIKI.

Look in there for spousal sponsorship and you will see your options. Basically unless you apply inside Canada (ie inland) and at the same time apply for a work permit - you cannot work whilst waiting.

Theres a bit more to it than that but a read of the WIKI will straighten you out

christmasoompa

The CHC won't give you advice I'm afraid, they expect you to be able to research your own visa option, or to pay for an immigration consultant to help you if you really need it. Thankfully, you've found BE now! So hopefully we can help.

He can if you are actually married, but you say 'fiance'? He has two options to sponsor you, either as his spouse (wife if you are legally married), or as his common-law partner if you have lived together for a year or more (and can prove it via things like joint rental agreement, joint bank account, utility bills in both names etc). If you'd qualify under one of those, then yes, he can sponsor you for Permanent Residency.

It would be unlikely that s/he can attend school on a visitor visa (some school district do allow it, but it's rare). You'd probably have to wait until s/he has PR. Do also note that if you move over to Canada before you have PR, neither of you would be eligible for healthcare, so you'll need to look in to insurance.

As MMC has said, you would get a work permit after a certain amount of time if you do an 'inland' application - but it takes nearly a year to get to this stage, and until that time, no you couldn't work (again, you'd only be on a visitor visa). As you've hopefully found out if you've read the Wiki article she's directed you to, it would be much better to do an outland application as it's quicker, so although you don't get a work permit with an outland application, you'd have PR before that anyway.

One final thing I should mention as you keep saying 'my child', is that if the child has a different biological father from your Canadian fiance, you will need his written permission to remove the child from UK jurisdiction so that's something to bear in mind.

Hope the above helps, as MMC said have a good read of the Wiki and hopefully that will answer most of your questions.

Good luck.

sky_summers

Jayna, I've just moved to Canada to be with my Canadian Husband. My immigration application is still in process so we don't yet have permanent residency. I left the UK on the Sunday... Enrolled my daughter in school on the Monday and she started on the tuesday so yes... It is possible for her to attend school whilst here. All they ask for is proof that you are applying for PR and they will take a copy of your childs passport with the date of entry stamp. Easy done if you have an application in. Regarding applying as his spouse - you can only do this if you are married so you'll have to apply as his common law partner.

Regarding what Christmasoompa says regarding your child - this is correct. If it isn't your fiance's biological child you will need written permission from the child's father. However, there are some occassions where you may not. Depends on whether your childs biological father has parental responsibility and/or a custody agreement. If you are Scottish and your child was born before December 2003 all you will need is a legal document drawn up by a lawyer to enable you to relocate.

Hope this helps!

jayna

Thanks for all your help ..you guys are fab.

Just a quick question.

My daughter is 11 and i have read that its slightly different when relocating
and i may need a permit for her??

Also as we are engaged i dont know that he could apply as a spouse because we have not lived together for 1 year max time is 2 months but we see each other every other month and it s been like this for 4 years ...
we plan to get married and i can prove hour visits and holiday that we haev had together in different countries.

I think our only option is once we are married to apply but then the presure is on to hurry the marriage up and all we want to do is be together and progress from there.

In regards to the father of my daughter he has no custody rights and does not see my daughter so would i really need a letter of authorisation from him?

again thanks in advance for you help

jayna.x

christmasoompa

No, you don't need anything different for her - she will be included on your PR application, so will also get Permanent Residency.

Yep, you'll need to get married - so congrats in advance! Once you are married, he can then apply to sponsor you.

I think you'll need to clarify on whether he was named on the birth certificate and/or you were married at the time of the birth. My understanding is that you either need a letter from him, a court order to that effect, or if he didn't have parental responsibility you'll need something from a solicitor confirming that fact. But if you do a quick search of the forum you should find lots of previous threads on the subject that will hopefully give you your answer.

Good luck.

jayna

Hi ,

I have another question hope someone can help you guys are amazing!

If i decide to join my fiance for 6 months in Toronto as a visitor as i am from the uk...then after 5 months i apply for an extention can i at the point if acccepted ..fingers crossed apply for my pr as this would mean we had been living together for 1 year and will give us time to gather info needed together .

ps..... My fiance has 2 jobs and owns his own house.

Any info is great.

Thanks a mill.

PMM

HI

You have to have to lived together for a full year and merged your lives together before the application can be submitted.

christmasoompa

You can certainly go out on a visitor visa, but do just think about the limitations of that (i.e. you can't work, possibly no school for your child, no healthcare etc).

And you'd need a back up plan in case the extension is refused, maybe get married so he could still sponsor you? As the very wise PMM has said, you couldn't apply until the full year had passed, so you'd need a year as a visitor first, and it would be approx 18 months in total until you got PR.

HTH, good luck.