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Residing in Canada while awaiting spouse visa approval

Residing in Canada while awaiting spouse visa approval

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Old Jun 30th 2014, 12:09 pm
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Default Residing in Canada while awaiting spouse visa approval

Hi all,

I previously posted about citations received in Pennsylvania, concerned that they may delay my visa process. On further investigation with the PA courts, it turns out these do not count as anything other than fines and aren't classed as convictions. Good news!

I've passed this on to the CIC and we're currently awaiting news of my visa (sponsored by my wife, who is a Canadian citizen). My question is, while waiting for this to be completed can I go to Canada as a visitor with my wife?

My wife works in education and would like to be able to apply for positions as soon as possible. We applied in February so are hoping our visa is approved within the time allowed for visitors. Our aim is to move in August, with me going over as a visitor. I would not be looking for work as I intend on volunteering to help at the local shelter (nothing that would limit a Canadian worker from doing work, as I understand that's not permitted as a visitor).

What's the general rule on this, is it acceptable or frowned upon?

Any help is much appreciated

Best wishes,

Bulletin25
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Old Jun 30th 2014, 2:25 pm
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Default Re: Residing in Canada while awaiting spouse visa approval

I was in Canada for 3 1/2 months as a visitor, which included getting married and the processing time for my sponsorship. I had flights back to the UK booked for the end of that 3 1/2 months though, which we used for our honeymoon, to get my visa in my passport and to activate my PR. I think it is up to the immigration officer as to whether they believe your story or not and allow you in, so have with you as much documentation as you can (I had a complete copy of my PR application which was just awaiting the marriage certificate, though they didn't look at it).
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Old Jun 30th 2014, 2:45 pm
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Default Re: Residing in Canada while awaiting spouse visa approval

So would flights back to the UK be advisable in this situation? I have the option of booking a return as I will be coming back to the UK at Christmas (visa or no visa) to see my family
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Old Jun 30th 2014, 2:47 pm
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Default Re: Residing in Canada while awaiting spouse visa approval

Originally Posted by Bulletin25
So would flights back to the UK be advisable in this situation? I have the option of booking a return as I will be coming back to the UK at Christmas (visa or no visa) to see my family
If you will be coming back anyway, I would think it wouldn't hurt to have the flights booked. The airline you travel out with may give you stick if you don't have a return flight booked anyway.

I had a one way to Canada, and then return flights from Canada to the UK and back again.
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Old Jun 30th 2014, 3:27 pm
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Default Re: Residing in Canada while awaiting spouse visa approval

Originally Posted by Bulletin25
Hi all,

I previously posted about citations received in Pennsylvania, concerned that they may delay my visa process. On further investigation with the PA courts, it turns out these do not count as anything other than fines and aren't classed as convictions. Good news!

I've passed this on to the CIC and we're currently awaiting news of my visa (sponsored by my wife, who is a Canadian citizen). My question is, while waiting for this to be completed can I go to Canada as a visitor with my wife?

My wife works in education and would like to be able to apply for positions as soon as possible. We applied in February so are hoping our visa is approved within the time allowed for visitors. Our aim is to move in August, with me going over as a visitor. I would not be looking for work as I intend on volunteering to help at the local shelter (nothing that would limit a Canadian worker from doing work, as I understand that's not permitted as a visitor).

What's the general rule on this, is it acceptable or frowned upon?

Any help is much appreciated

Best wishes,

Bulletin25
As to coming over as a visitor, if you have proof of your application for PR (sponsorship approval letter; printscreen of your ECAS status; proof of payment of fees) then you would enter Canada under dual intent - meaning you are here as a visitor but with an application for PR in place. You will need to tell the CBSA officer that you understand that should your application not be successful you will be required to leave Canada. You should also have a letter of financial support from your wife and proof that you have funds to support your stay without working.

You would ask for a 1 year visitor record - but if you only get 3-6 months then if your application hasn't been finalised you can apply online or by mail to extend your visitor status.

If you intend to return to the UK in December then it may be cheaper (and easier) for you to get a return ticket.

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Old Jun 30th 2014, 3:33 pm
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Default Re: Residing in Canada while awaiting spouse visa approval

Thank you for both of your replies

The citations in PA were not court appearances and civil offense fines only (not counted as a conviction by the PA Courts, a verification I received from them), I have provided the CIC with copies of the dockets and they've been included with my application. My FBI and PA background checks were clear but I thought best to declare the citations either way.

The advice for the border is very helpful, will I need to make the CBSA aware of the dual-intent before I travel, or through the visa forms provided on the plane?
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Old Jun 30th 2014, 3:40 pm
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Default Re: Residing in Canada while awaiting spouse visa approval

Originally Posted by Bulletin25
Thank you for both of your replies

The citations in PA were not court appearances and civil offense fines only (not counted as a conviction by the PA Courts, a verification I received from them), I have provided the CIC with copies of the dockets and they've been included with my application. My FBI and PA background checks were clear but I thought best to declare the citations either way.

The advice for the border is very helpful, will I need to make the CBSA aware of the dual-intent before I travel, or through the visa forms provided on the plane?
No need to tell them in advance, just tell them when you go through immigration at the airport.

Many people wait in Canada whilst their spousal application is being processed.

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Old Jul 2nd 2014, 2:10 pm
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Default Re: Residing in Canada while awaiting spouse visa approval

Have a look at the spreadsheet in my signature for an idea about processing times. If you only applied in February I think it's unlikely you'll have it all done by August! Applications are taking upwards of 6 months right now, more like 6-7-8 for the more recent ones.

Also, if you want to be added to the spreadsheet then let me know your particulars - it's always useful to have more data in there, plus you can see that you aren't alone in the waiting game!

Otherwise, as Siouxie said, entering under dual intent should be fine, just make sure you have proof of your application and proof of funds to support yourself in the meantime.
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Old Jul 3rd 2014, 12:53 am
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Default Re: Residing in Canada while awaiting spouse visa approval

Originally Posted by hockey4life
I am new to this forum and have a few questions I am hoping you could answer.

My husband is a Canadian Citizen and applied to CIC to sponsor me as a permanent resident to Canada. We applied as an outside resident of Canada when we filed (as we were living in the U.S. at time of filing the application.)

Here are my timelines:

2/19/14: CIC sent us a letter stating they received his application to sponsor spouse (me).
5/2/14: After CIC received my medical record and background check, we received a letter stating he "has met the requirements for eligibility as a sponsor and forwarded to the CPOC for further processing."
6/1/14: CIC emailed us a request we pay the $490 'Permanent Resident Fee'.
6/2/14: CIC emailed us a receipt indicating we paid the fee.
7/2/14: After waiting 30 days, I decided to send CIC an email today requesting any information they can provide us pertaining to our application. They immediately emailed us back a response today stating "your file is in queue for officer review."

Can any of you tell me what the next steps would be.

Thank you kindly.
Next step is waiting unfortunately.

Check out the wait times for the visa office you had your app sent to here:

Processing times for sponsorship of spouses, common-law or conjugal partners and dependent children applications
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Old Jul 3rd 2014, 12:54 am
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Default Re: Residing in Canada while awaiting spouse visa approval

You won't hear anything for awhile. London is currently saying 11 months from the time they receive the application (so May for you) for 80% of applications.

Look at the spreadsheet in my signature - right now people who are hearing sent their applications in October and November, so I'd say you are 3-4 months off hearing anything.

I'll add you to the spreadsheet tomorrow as I'm just on my phone right now.

So your next steps are just to sit tight. Keep an eye on the spreadsheet for others who applied in February to hear.

Hope that helps... And welcome to BE!!
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Old Jul 3rd 2014, 12:54 am
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Default Re: Residing in Canada while awaiting spouse visa approval

Ah yes - did you apply via London or in the US?
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Old Jul 3rd 2014, 12:57 am
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Default Re: Residing in Canada while awaiting spouse visa approval

Originally Posted by SchnookoLoly
Ah yes - did you apply via London or in the US?
I have just noticed that there has been a new thread opened for this...

http://britishexpats.com/forum/immig...orship-837843/
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Old Jul 3rd 2014, 11:54 am
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Default Re: Residing in Canada while awaiting spouse visa approval

Thanks SchnookoLoly We're hoping to receive news in October, I realise it's a bit of a gamble to reside under dual intent but my Canadian wife has a better chance of employment if we leave in August.

I will just have to fill the time with volunteer work at the local shelters - it'll be good for my soul!
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Old Jul 3rd 2014, 12:05 pm
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Default Re: Residing in Canada while awaiting spouse visa approval

Originally Posted by burks
I have just noticed that there has been a new thread opened for this...

http://britishexpats.com/forum/immig...orship-837843/
Yep, I opened that yesterday.

Hockey4life, please stop posting the same thing over and over again, and on other people's threads. You can find your own thread above, please keep any questions there, and as asked, it would be very much appreciated if you'd read the guide on how to use the forum (link in my signature).

Thx.
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Old Jul 3rd 2014, 1:26 pm
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Default Re: Residing in Canada while awaiting spouse visa approval

Originally Posted by Bulletin25
Thanks SchnookoLoly We're hoping to receive news in October, I realise it's a bit of a gamble to reside under dual intent but my Canadian wife has a better chance of employment if we leave in August.

I will just have to fill the time with volunteer work at the local shelters - it'll be good for my soul!
October is probably realistic... best bet is to keep an eye on the spreadsheet and watch for when those around you are starting to hear. It gives a good indication although obviously is no guarantee!

I don't see you on the spreadsheet (unless I'm being blind - highly likely)... send your dates over and I'll add you in.

(Spreadsheet is linked in my signature.)
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