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Moving to Canada with Canadian wife before PR approval?

Moving to Canada with Canadian wife before PR approval?

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Old Mar 15th 2001, 4:53 pm
  #1  
Mark Bridges
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I'm a British citizen living in the US with my Canadian wife. We want to Canada
within the next couple of months.

I have researched the Family Class PR sponsorship extensively and spoken to a few
people at CIC about how I can get to Canada as quickly as possible. I was told that
if I enter Canada on a visitor's visa when it is clear that my intention is to apply
for PR, then the immigration officer has the right to refuse my entry. However the
officer has discretion to grant my entry on humanitarian grounds.

My questions are:
1) What are the criteria used to evaluate discretionary granting of entry?
2) Should I be completely open and explain my situation to the immigration officer
or try to hide the fact (we would be moving with all our possetions so
difficult to hide)?
3) Does it make any difference if I start the process now while still in the US (i.e.
sending of my wife's application to sponsor me)?
4) Assuming I am allowed entry to Canada, can I then apply for a work authorization,
or would a prospective employer have to sponsor me first?

I would appreciate any input on these questions.

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Old Mar 16th 2001, 7:23 am
  #2  
Royann
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Your wife can go ahead and sponsor you while you're still residing in the USA. But
you won't be able to move up to Canada until you receive your landing papers which
normally takes about 10 months. The quickest way would be for you to come into Canada
as a visitor, then once you're up here apply as a spouse from within. This way you
can remain in the country while waiting for your landing papers.

You wont be eligible to get a work visa until you receive your letter of approval in
principle which is normally sent to you within 3 months of mailing in your
application as a spouse from within.

Please join my immigration message board for those applying as a fiancee or spouse
at: http://clubs.yahoo.com/clubs/canadianimmigration

good luck, Royann
 
Old Mar 16th 2001, 4:40 pm
  #3  
Ber Lazarus
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Hello Mark,

Clearly if you are travelling with all your possessions you cannot but be fully
disclosive of your intention to be an immigrant. If you present yourself at the
border as would-be tourist without hiding your intention to live in Canada with your
Canadian spouse you would not be able to enter as a tourist. However, you may request
entry on a Minister's Permit ($200CDN). Permits are issued to people normally
inadmissable, if in the view of the immigration officer, there are compelling reasons
to allow the person into Canada and the risk (medical and security) to Canada and
Canadians is minimal.(IP12 Minister's Permits(2). It would be helpful if there was
something of some urgency to show immigration such as your wife returning to Canada
to take a job or attend school, need to care for a family member etc. A Canadian
address would be useful as well.

If you are issued a Minister's Permit you would then be eligible to apply for an
Employment Authorization and, depending on the province, you may also be eligible for
medical coverage.

If you intend to come to Canada, as you say, within a couple of months it would most
likely be better to initiate the in-land sponsorship once you are here. If your wife
is living exclusively outside of Canada she may apply to sponsor you while you are
still in the US. She must show that she is intending to relocate back to Canada once
you have received your immigrant visa. However, it is not likely that this process
would be completed within your 2 month timeframe.

If you enter as a tourist you would be eligible to apply for an employment
authorization if and when your application for processing has been approved in
principle.

Ber Lazarus conseiller immigration counsellor Montréal, QC Tél: 514 992-1567 FAx: 514
277-4729 E-mail: [email protected]

Mark Bridges wrote:
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