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Partner and family moving to Canada

Partner and family moving to Canada

Old Nov 11th 2020, 12:00 pm
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Default Re: Partner and family moving to Canada

Originally Posted by christmasoompa
'Inland' applications are for those already in Canada on another legal status i.e. work permit, study permit etc. I would personally advise against an inland application if she's only a visitor, I'd do an outland application and then she can travel to Canada under 'dual intent' once you are approved as a sponsor - full details of both options in the Wiki.
Understood. I'm reading through the Wiki - very informative and comprehensive.

So it looks like we'll have to change the wedding from July in Canada, to [most likely] March in England.
March: Wedding. Me return to Canada and start SA
July: Hope that SA is approved and granted, and that wife and daughter can come to Canada under dual intent (depending on processing times). Wife submits an outland PR application and hopefully granted a 12-month stay.

Does that sound about right? Or should she submit the outland PR application and then come to Canada?
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Old Nov 11th 2020, 12:08 pm
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Default Re: Partner and family moving to Canada

Originally Posted by MacCanuck76
Understood. I'm reading through the Wiki - very informative and comprehensive.

So it looks like we'll have to change the wedding from July in Canada, to [most likely] March in England.
March: Wedding. Me return to Canada and start SA
July: Hope that SA is approved and granted, and that wife and daughter can come to Canada under dual intent (depending on processing times). Wife submits an outland PR application and hopefully granted a 12-month stay.

Does that sound about right? Or should she submit the outland PR application and then come to Canada?
It's sort of right, but you don't apply for Sponsor Approval separately, the whole PR application is done once you're married and SA is just the first stage. So there's no need to do a separate PR application once she's in Canada.

And don't forget to get the permission to remove her daughter from UK jurisdiction sorted before you apply, if a court order is required that can take quite a long time so best to get it started asap. I'd also recommend you add the other children on to the application if possible, even if they think they don't want to move at the moment - just in case they change their mind within the few years of PR being granted.

Good luck and congrats in advance!
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Old Nov 11th 2020, 12:19 pm
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Default Re: Partner and family moving to Canada

Originally Posted by christmasoompa
It's sort of right, but you don't apply for Sponsor Approval separately, the whole PR application is done once you're married and SA is just the first stage. So there's no need to do a separate PR application once she's in Canada.

And don't forget to get the permission to remove her daughter from UK jurisdiction sorted before you apply, if a court order is required that can take quite a long time so best to get it started asap. I'd also recommend you add the other children on to the application if possible, even if they think they don't want to move at the moment - just in case they change their mind within the few years of PR being granted.

Good luck and congrats in advance!
Thanks so much! Good to know about the SA/PR combo.
Re: Children. She has full custody of them so should be fine with taking her youngest out of the UK. We had her 2 eldest listed on the initial forms we completed. When we started the process last year. The eldest are 19 and 16.
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Old Nov 11th 2020, 12:34 pm
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Default Re: Partner and family moving to Canada

Originally Posted by MacCanuck76
Thanks so much! Good to know about the SA/PR combo.
Re: Children. She has full custody of them so should be fine with taking her youngest out of the UK. We had her 2 eldest listed on the initial forms we completed. When we started the process last year. The eldest are 19 and 16.
I would double check that - my understanding is that even full custody doesn't allow for the child to be removed without written permission from the other parent, or a court order if s/he can't be located or won't give permission. So best to make sure beforehand.

Also, make sure you use the newest versions of the forms, they do update regularly and your application can be refused if they're out of date. If the eldest are 19 and 16, then definitely a good idea to include them too in case they decide they want to move in the near future.

Best of luck.
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Old Nov 11th 2020, 12:47 pm
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Default Re: Partner and family moving to Canada

Originally Posted by christmasoompa
I would double check that - my understanding is that even full custody doesn't allow for the child to be removed without written permission from the other parent, or a court order if s/he can't be located or won't give permission. So best to make sure beforehand.

Also, make sure you use the newest versions of the forms, they do update regularly and your application can be refused if they're out of date. If the eldest are 19 and 16, then definitely a good idea to include them too in case they decide they want to move in the near future.

Best of luck.
You're right, it is worth double checking that. She does have a court order, so we'll see what that looks like and go from there. Thanks for the info on the forms. I had noticed a slight difference in a later version I saw a few months back.
Thanks for the best wishes, we're so happy to have reconnected and immediately knew that we were going to be together for the rest of our lives. It's an amazing love story
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Old Nov 11th 2020, 10:38 pm
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Default Re: Partner and family moving to Canada

Just one point which you may well have covered - if you’re planning to get married in England or Wales, I think you both have to be present there to apply? Friends and family had issues with this last year, as it involved an additional trip to the UK which they hadn’t anticipated.
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Old Nov 12th 2020, 5:08 pm
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Default Re: Partner and family moving to Canada

Originally Posted by Twitcher1958
Just one point which you may well have covered - if you’re planning to get married in England or Wales, I think you both have to be present there to apply? Friends and family had issues with this last year, as it involved an additional trip to the UK which they hadn’t anticipated.
Hi Twitcher, that's really good to know. Thanks for that info. I'll look into it for sure. Initial searching mentioned having to be in the country a period of time (days or weeks) before the wedding or something similar.
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Old Nov 12th 2020, 5:26 pm
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Default Re: Partner and family moving to Canada

Originally Posted by christmasoompa
I would double check that - my understanding is that even full custody doesn't allow for the child to be removed without written permission from the other parent, or a court order if s/he can't be located or won't give permission. So best to make sure beforehand. <snip>

Best of luck.
Without giving too many details away publicly, I should clarify the current situation. My fiance moved from her native country to England with her 3 kids after she got divorced. It was a necessary move at the time. I'd have to ask her to check the details of the court order, but I'm not sure if her ex needs to provide permission for a move to another (subsequent) country. I will do some more investigating into this though. Thanks again for your thoughts Christmasoompa..
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Old Nov 12th 2020, 7:54 pm
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Default Re: Partner and family moving to Canada

Originally Posted by MacCanuck76
Hi Twitcher, that's really good to know. Thanks for that info. I'll look into it for sure. Initial searching mentioned having to be in the country a period of time (days or weeks) before the wedding or something similar.
It was 3 weeks last year and is valid for a year. Different for Scotland- less time I think.
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Old Nov 13th 2020, 2:51 pm
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Default Re: Partner and family moving to Canada

Originally Posted by Twitcher1958
It was 3 weeks last year and is valid for a year. Different for Scotland- less time I think.
Sounds good. I'm guessing any time spent in quarantine would count towards the 3 weeks?
Also, would my fiance have to do the IELTS test if we're doing the SA?
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Old Nov 13th 2020, 5:34 pm
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Default Re: Partner and family moving to Canada

Originally Posted by MacCanuck76
Sounds good. I'm guessing any time spent in quarantine would count towards the 3 weeks?
Also, would my fiance have to do the IELTS test if we're doing the SA?
Hi Strongly suggest you make a cuppa and have a good read of our spousal sponsorship sections in the wiki - it will really help you fill out the forms, get your proof of relationship started, gathering documents and photos etc.,
https://britishexpats.com/wiki/Spous...sorship-Canada
https://britishexpats.com/wiki/Spous...lication_Forms

As an aside - Immigration Canada may want form IMM 5604E filled out by the children's non-accompanying parent - you can view it without downloading here: http://gbpei.com/for-downloads/IMM%2...-%20201509.pdf - although the official link if / when it's needed can be found here:
https://www.canada.ca/content/dam/ir...s/imm5604e.pdf

Last edited by Siouxie; Nov 13th 2020 at 5:39 pm.
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Old May 11th 2021, 2:34 pm
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Default Re: Partner and family moving to Canada

Originally Posted by Siouxie
Hi Strongly suggest you make a cuppa and have a good read of our spousal sponsorship sections in the wiki - it will really help you fill out the forms, get your proof of relationship started, gathering documents and photos etc.,
https://britishexpats.com/wiki/Spous...sorship-Canada
https://britishexpats.com/wiki/Spous...lication_Forms

As an aside - Immigration Canada may want form IMM 5604E filled out by the children's non-accompanying parent - you can view it without downloading here: http://gbpei.com/for-downloads/IMM%2...-%20201509.pdf - although the official link if / when it's needed can be found here:
https://www.canada.ca/content/dam/ir...s/imm5604e.pdf
Hello Siouxie (and all),
I hope everyone has been keeping well!
Firstly, I'd like to say that I really do appreciate this forum for being such an invaluable source of information and advice. I know folks don't often visit here for social reasons (which I'm hoping to change myself ) but I always refer people who ask about moving to Canada to the BritExpats site.

So...an update on things since Nov last year:
I was able to visit England last month to register, and all is well. We've got a date for the wedding set for late Sept - very excited!! So the question just remains about 'dual intent'. The desired outcome would be for my wife to be to fly with me back to Canada after the wedding. From what I've read in the Wiki (and canada.ca site), my wife-to-be could apply for a Visitor visa, and state at the border that we are intending to apply for an inland Spousal Sponsorship. If that's not the best way to go about it, is there another way that she would be able to travel with me after the wedding? I understand that she may have to prove that she is willing to leave Canada if a temporary visa expires or if the Spousal Sponsorship application is refused.

Thanks so much for all your help to-date!

-Michael
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Old May 11th 2021, 3:16 pm
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Default Re: Partner and family moving to Canada

Originally Posted by MacCanuck76
Hello Siouxie (and all),
I hope everyone has been keeping well!
Firstly, I'd like to say that I really do appreciate this forum for being such an invaluable source of information and advice. I know folks don't often visit here for social reasons (which I'm hoping to change myself ) but I always refer people who ask about moving to Canada to the BritExpats site.

So...an update on things since Nov last year:
I was able to visit England last month to register, and all is well. We've got a date for the wedding set for late Sept - very excited!! So the question just remains about 'dual intent'. The desired outcome would be for my wife to be to fly with me back to Canada after the wedding. From what I've read in the Wiki (and canada.ca site), my wife-to-be could apply for a Visitor visa, and state at the border that we are intending to apply for an inland Spousal Sponsorship. If that's not the best way to go about it, is there another way that she would be able to travel with me after the wedding? I understand that she may have to prove that she is willing to leave Canada if a temporary visa expires or if the Spousal Sponsorship application is refused.

Thanks so much for all your help to-date!

-Michael
It won't be as easy to enter as a visitor with an intent to make an application for Inland spousal sponsorship (and family class ... dependents) and more difficult for her to obtain permission to enter if she declares this, I suspect - it's not something that anyone would recommend. (People on that other forum often give inappropriate advice, suggesting ways of 'circumventing' the regulations etc., more likely to result in a refusal).

Dual intent is usually better used for someone entering Canada who has already got an application for PR in place that has received 1st stage approval (the sponsor is approved to sponsor).. it would be difficult to enter under dual intent as a visitor without an application in place. Entering as a visitor who is married to a Canadian she will need proof of ties to the UK/her country of origin, return tickets and reasons to return there. She may come under closer scrutiny because she will have just got married and trying to enter as a visitor with an intent to apply for PR from within Canada.

If you intend to sponsor her children it would be better if they were living with her, rather than splitting the applications between countries - as they are under 22 they are her dependents and are required to be examined (even if non-accompanying) unless they are married / living common law with someone.. Perhaps you could have all the documentation etc., prepared for an Outland application and send it off as soon as you have a copy of the marriage certificate. Stay a little longer if it's essential that you all come over together.. then you could show proof that the application has been submitted, even if 1st stage approval hasn't been received and they would have a better chance of being approved for a dual intent entry.

See here in the wiki: https://britishexpats.com/wiki/Spous...d:_Dual_Intent

and this post Partner and family moving to Canada

or this..
: Visiting Canada under Dual Intent / Intending Inland sponsorship - please read
Originally Posted by PMM View Post
Hi

1. The Federal court has recently addressed visitors entering Canada to join their Canadian spouses. It also discusses "dual intent", and is the first Federal Court ruling I have found where an exclusion order was issued.

Mata v. Canada (Public Safety and Emergency Preparedness) - Federal Court

Last edited by Siouxie; May 11th 2021 at 4:30 pm.
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Old May 11th 2021, 4:44 pm
  #29  
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Default Re: Partner and family moving to Canada

Yep, what Siouxie said - an inland application doesn't allow for dual intent, trying to enter and stay on a visitor visa is never advised.

This of course is also if Covid restrictions will allow her to travel in Sept, who knows!
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Old May 12th 2021, 2:22 pm
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Default Re: Partner and family moving to Canada

Thanks for the replies! Travelling together would be amazing, but if it's at the risk of being turned away or jeopardizing the PR application, then it's def not worth it.

How would having a work permit/visa affect things? Ie. if my then-wife has a job offer/work permit, I'm assuming she'd be able to stay and work here and then do the inland SS?
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