Go Back  British Expats > Living & Moving Abroad > Canada > Immigration & Citizenship (Canada)
Reload this Page >

One-way UK to Canada, India travel, then spousal sponsorship?

One-way UK to Canada, India travel, then spousal sponsorship?

Old Jun 11th 2012, 5:30 am
  #1  
Just Joined
Thread Starter
 
Joined: Jun 2012
Posts: 6
beanini is an unknown quantity at this point
Default One-way UK to Canada, India travel, then spousal sponsorship?

I've been scouring this forum for info and the wealth of knowledge has been so invaluable to me!! Thanks to all, especially to those who work in travel & immigration related industries, for taking the time to give your advice and expertise for free. So here's my story. I'm a UK born citizen, my fiancé is a Canadian citizen and we'll be getting married in October, then applying for spousal sponsorship (outland in London)

My plans so far:

- Fly one-way to Canada in August,
- Fly to India in Sept for 3 weeks for some celebrations & back to Canada
- Get married in Canada in Oct
- Apply for PR

My questions:

1) Does it make more sense to just tell customs that I'm visiting, rather than mention anything about marriage or PR application?

2) Since I'm visa-exempt for 6 months, will I have issues with my one-way ticket at customs or anywhere in the airport at check-in, boarding etc? As far as I remember, nobody at customs has ever asked to see a return ticket, but rather only asked in general terms, 'how long do you plan to stay for? why?' etc. I don't see any dates on the passport stamps that indicate they didn't 'allow' me the 6 months. So I'm hoping they don't ask me to show a return booking, and I'll just say I'm staying for a few weeks as a visitor, though do they have any record of my flight information to query? To my knowledge, they don't.

3) Can they choose to allow me less than 6 months (and if so, can I just apply online for extension)?

4) I don't need to apply for travel to India as I have a lifelong visa/dual nationality, so I assume I'll have no issues here (right?). Will my 6 months allowance in Canada be 'reset' when I land there?

5) If they DO ask to see a return and there are issues, would showing them my India outbound ticket help in any way? Might I have issues re-entering Canada if I don't have a ticket to leave after that? Does it make sense here to tell them I'll be applying for PR or is it possible that they'd deny me entry?

Any help is greatly appreciated. Thanks in advance!
beanini is offline  
Old Jun 11th 2012, 12:33 pm
  #2  
Lost in BE Cyberspace
 
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,866
Former Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond repute
Default Re: One-way UK to Canada, India travel, then spousal sponsorship?

Originally Posted by beanini
I've been scouring this forum for info and the wealth of knowledge has been so invaluable to me!! Thanks to all, especially to those who work in travel & immigration related industries, for taking the time to give your advice and expertise for free. So here's my story. I'm a UK born citizen, my fiancé is a Canadian citizen and we'll be getting married in October, then applying for spousal sponsorship (outland in London)

My plans so far:

- Fly one-way to Canada in August,
- Fly to India in Sept for 3 weeks for some celebrations & back to Canada
- Get married in Canada in Oct
- Apply for PR

My questions:

1) Does it make more sense to just tell customs that I'm visiting, rather than mention anything about marriage or PR application?

2) Since I'm visa-exempt for 6 months, will I have issues with my one-way ticket at customs or anywhere in the airport at check-in, boarding etc? As far as I remember, nobody at customs has ever asked to see a return ticket, but rather only asked in general terms, 'how long do you plan to stay for? why?' etc. I don't see any dates on the passport stamps that indicate they didn't 'allow' me the 6 months. So I'm hoping they don't ask me to show a return booking, and I'll just say I'm staying for a few weeks as a visitor, though do they have any record of my flight information to query? To my knowledge, they don't.

3) Can they choose to allow me less than 6 months (and if so, can I just apply online for extension)?

4) I don't need to apply for travel to India as I have a lifelong visa/dual nationality, so I assume I'll have no issues here (right?). Will my 6 months allowance in Canada be 'reset' when I land there?

5) If they DO ask to see a return and there are issues, would showing them my India outbound ticket help in any way? Might I have issues re-entering Canada if I don't have a ticket to leave after that? Does it make sense here to tell them I'll be applying for PR or is it possible that they'd deny me entry?

Any help is greatly appreciated. Thanks in advance!
Answers
1. Yes you can visit without mentioning PR or the marriage but you would end up telling them when you came back in 3 weeks
Dual Intent rule
14. Dual intent
A22(2) states that the intention of a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the BSO is satisfied that they will leave Canada by the end of the period authorized for their stay. A person’s desire to await the outcome of an application for permanent residence from within Canada may be legitimate and should not automatically result in the decision to refuse entry. A BSO at Immigration Secondary should distinguish between such a person and an applicant who has no intention of leaving Canada if the application is refused.

In your situation the BSO may allow you a 12 month stay but because you are not married at the 2nd entry time and you wont be travelling with your wife to be it might be a tough sell. No TRV required if travelling on a UK passport.
On the 2nd visit I recommend you tell CBSA of your intent re PR and marriage. If possible carry some proof of the impending marriage and copy of wifes passport. You can extend your visit once here through CPC Vegreville or online application.
http://www.cic.gc.ca/english/visit/extend-stay.asp
Of course you wont be able to work or study on visitor status.
Info re spousal sponsorship found here
http://www.cic.gc.ca/english/immigra...sor/spouse.asp
Former Lancastrian is offline  
Old Jun 12th 2012, 12:19 am
  #3  
Just Joined
Thread Starter
 
Joined: Jun 2012
Posts: 6
beanini is an unknown quantity at this point
Default Re: One-way UK to Canada, India travel, then spousal sponsorship?

Ahh, right! So as long as I have my India ticket booked, my initial one-way to Canada shouldn't be an issue as I'll have proof that I'm leaving the country? Thanks for the Dual Intent info, that really eases my mind a little.

Just for clarity, my husband-to-be is the Canadian, and we'll be travelling to India together for some religious wedding ceremonies, and then having a registered civil wedding in Canada when we get back. So we'll have documents to prove that including invitations, invoices of hotels, venues, vendors, etc. Our families (parents, siblings) will also be travelling with us.

Inability to work or study is fine as I was expecting that during PR application. Thanks for the useful links for those as well!

So overall, I need to be concerned with documentation for my second entry, where it WILL be advisable to inform them of my marriage? Do you think I'll need to have some proof of funds for a ticket to leave Canada, to show that I will leave the country if my application is denied?

Thanks again Lancastrian! I'm a Northerner too.
beanini is offline  
Old Jun 12th 2012, 6:39 am
  #4  
Lost in BE Cyberspace
 
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,866
Former Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond repute
Default Re: One-way UK to Canada, India travel, then spousal sponsorship?

Proof of funds would be useful in this case just to show CBSA you have money for a return ticket when required. It will be the choice of the BSO how long they will let you remain in the country bearing in mind your marriage to a Canadian citizen which will lend credibility to your wanting to stay longer than the normal tourist. Just be up front when questioned.
Former Lancastrian is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.