Slightly unusual situation

Old Jan 10th 2008, 5:02 am
  #1  
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Default Slightly unusual situation

Hi all,

This is my first post, and my situation is a little different from other people (from what I've read).

The situation is this:

I'm a UK citizen married to a Canadian who's in the US (nr. San Francisco) on a TN visa. I live with her on TD visa, meaning I can't do any work - I can only keep house and/or study. She's been looking for work in Canada, as have I. I've quickly come to the realisation that my job search is very unlikely to succeed as I have no status in Canada. It's therefore infinitely easier for her to find work and then for her to sponsor me in the Family Class for a PR. She's been getting some good leads from her on-spec letters, so when she gets a job offer my queries are these:

What sort of process would I have to go through? I've read the section on the CIC website, and know all about being sponsored by someone inside Canada while I'm outside, but I'm just wondering if any special procedures apply.

Would I technically have to go back to the UK and await CIC's decision there, since I'm neither a PR/citizen in either US or Canada? My wife says this is pretty unlikely, but if she gets a job in Canada, then I have no status in the US. I want very much to go with my wife to Canada when she gets the job, but I'm worried that a border official might refuse me entry, and I don't want to lie and say I'm a tourist, when I'm self-evidently *not*.
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Old Jan 10th 2008, 5:58 am
  #2  
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Default Re: Slightly unusual situation

Hi

Originally Posted by edsask
Hi all,

This is my first post, and my situation is a little different from other people (from what I've read).

The situation is this:

I'm a UK citizen married to a Canadian who's in the US (nr. San Francisco) on a TN visa. I live with her on TD visa, meaning I can't do any work - I can only keep house and/or study. She's been looking for work in Canada, as have I. I've quickly come to the realisation that my job search is very unlikely to succeed as I have no status in Canada. It's therefore infinitely easier for her to find work and then for her to sponsor me in the Family Class for a PR. She's been getting some good leads from her on-spec letters, so when she gets a job offer my queries are these:

What sort of process would I have to go through? I've read the section on the CIC website, and know all about being sponsored by someone inside Canada while I'm outside, but I'm just wondering if any special procedures apply.

Would I technically have to go back to the UK and await CIC's decision there, since I'm neither a PR/citizen in either US or Canada? My wife says this is pretty unlikely, but if she gets a job in Canada, then I have no status in the US. I want very much to go with my wife to Canada when she gets the job, but I'm worried that a border official might refuse me entry, and I don't want to lie and say I'm a tourist, when I'm self-evidently *not*.
1. As your wife is a citizen, she can start the sponsorship process in the US. She would submit the sponsorship and your application with medicals and PCCs from the US and UK (and any other countries you have lived in for more than 6 months in the past 10 years. If you were admitted to the US for 1 year, then the application could either be processed in London or Buffalo. She would have to include a statement that once you are issued a visa, she will return to Canada, and should include what your plans are for accommodation, work.
2. She could return to Canada and submit a sponsorship with the above information and you could remain in the US (unlikely as your TD would no longer be valid)
3. You both could return to Canada, and IF the I/O doesn't follow the Act, you could be admitted as a visitor and the application could be either processed in-Canada at Vegreville or as an outside application via London.
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Old Jan 10th 2008, 8:44 am
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Default Re: Slightly unusual situation

Originally Posted by PMM
Hi



1. As your wife is a citizen, she can start the sponsorship process in the US. She would submit the sponsorship and your application with medicals and PCCs from the US and UK (and any other countries you have lived in for more than 6 months in the past 10 years. If you were admitted to the US for 1 year, then the application could either be processed in London or Buffalo. She would have to include a statement that once you are issued a visa, she will return to Canada, and should include what your plans are for accommodation, work.
2. She could return to Canada and submit a sponsorship with the above information and you could remain in the US (unlikely as your TD would no longer be valid)
3. You both could return to Canada, and IF the I/O doesn't follow the Act, you could be admitted as a visitor and the application could be either processed in-Canada at Vegreville or as an outside application via London.

Many thanks for this, PMM. Reading up on this, it looks like option 3 is the likeliest one as option 1 would seem to require the employer holding her job open for 6 months. However, I don't particularly like the idea of hoping the border official is asleep at the wheel. If they aren't, I don't want to think about the consequences.

I've emailed the Buffalo consulate (no phone calls allowed), detailing my situation and can only cross my fingers that they reply.
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Old Jan 10th 2008, 10:25 am
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Default Re: Slightly unusual situation

I'm not sure why option three would prevent admission to Canada.

I was married to my wife (who else?) in July 2004 and had returned to the UK.

Unexpectedly, the actual 'move' to Canada was brought forward and I came back in September. As visitor status wouldn't have been given for over six months, which in turn meant the Sponsorship/PR application would not be decided before then I could only say that I was coming to Canada to visit my wife and would be applying for PR etc.

I had a very brief interview with a second officer who advised me I could apply for an extension of visitor status later - which, of course, I knew. She couldn't really understand why the first officer had referred me.

So no problem at all getting in.

And this was before the rules changed (2006 was it?) to allow spouses remaining in Canada while PR was under consideration.
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Old Jan 10th 2008, 10:44 am
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Default Re: Slightly unusual situation

Thanks, BristolUK. I'm pretty sure option 3 would work, but with something as important as this, I can get as nervous as a long-tailed cat in a roomful of rocking chairs. Providing I have all my documentation - job letter for my wife, copies of forms, wedding certificates, etc. - I don't think there'd be a problem at all at the border (almost certainly driving there). Plus the fact I'd be arriving in Canada with my wife. It's just I want to be ultra ultra sure.

Thanks again.
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Old Jan 11th 2008, 2:15 am
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Default Re: Slightly unusual situation

A brief update: the High Commission in London sent me this boilerplate response to my query about an hour ago:

Dear Blah,

The department of Citizenship & Immigration Canada (CIC) has determined that all sponsorships for members of the Family Class must be first submitted to the Case Processing Centre in Mississauga. Once the eligibility of the sponsor has been approved the application will be forwarded to the appropriate foreign mission for processing of the permanent residency application.

Please go to the Citizenship and Immigration Canada web site to learn about Family Class Immigration, you will need to download both the application kit and guidelines: http://www.cic.gc.ca/english/immigra...nsor/index.asp
In the application kit and guidelines you will find the answers to your questions. Unfortunately due to the large volume of application we are unable to provide individual counselling.
Yours sincerely,
Client Services
Visa and Immigration Section

High Commission of Canada
38 Grosvenor Street, London
W1K 4AA, UK

Web site: www.canada.org.uk
Email: http://www.canada.org.uk/visa-info/general/epage_e.htm

So I guess that means I'll have to wait for Buffalo to see if they're any more forthcoming (or sort out some ingenious three-way phone conversation so I can call CIC from "inside" Canada).
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