Spousal PR Application Questions

Old Apr 23rd 2005, 3:57 pm
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Default Spousal PR Application Questions

My partner recently got approved for his Working Holiday visa - we are pretty excited as this allows him a year to come home with me and to see if he can live in Canada, and gives us a year to get ourselves organised to make application for PR (assuming we find ourselves happy there).

Looking ahead, I have a few concerns/questions - my partner has had a difficult past three years and as a result, we have a few concerns regarding PR application.

1) My partner has not got the greatest employment experience/CV...rather lousy in fact. Technically he has been unemployed for 3 of the past years as he was caring for his child for 1 year at home, and then went through a messy custody battle and it took him a while to get his feet on the ground. He will be working for a year in Canada before we would apply for PR....my question is, does this matter? I will be sponsoring him and have an MA in Education and will be on a good teacher's salary. Will they care that he has poor work experience and has been on social assistance in the past, or is this irrelevant because of the Sponsorship agreement and the fact that he is a spousal application.

2) Totally different question. He applied for a Working Holiday permit and there was a criminal charge (which resulted in dismissal without conviction) which he had to declare on his application. He was found to be admissible and was approved for the permit, much to our relief. However, we are wondering, does this mean he is in the clear for all future applications regarding criminal admissibility relating ot this matter, or will he be subject to a different review when we apply for PR? Just wondering if we will have to go through the same process, over and over again, each time we complete paperwork. Further, what about questions at Port of Entry regarding this?
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Old Apr 23rd 2005, 5:58 pm
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Default Re: Spousal PR Application Questions

Originally Posted by sheenoid
My partner recently got approved for his Working Holiday visa - we are pretty excited as this allows him a year to come home with me and to see if he can live in Canada, and gives us a year to get ourselves organised to make application for PR (assuming we find ourselves happy there).

Looking ahead, I have a few concerns/questions - my partner has had a difficult past three years and as a result, we have a few concerns regarding PR application.

1) My partner has not got the greatest employment experience/CV...rather lousy in fact. Technically he has been unemployed for 3 of the past years as he was caring for his child for 1 year at home, and then went through a messy custody battle and it took him a while to get his feet on the ground. He will be working for a year in Canada before we would apply for PR....my question is, does this matter? I will be sponsoring him and have an MA in Education and will be on a good teacher's salary. Will they care that he has poor work experience and has been on social assistance in the past, or is this irrelevant because of the Sponsorship agreement and the fact that he is a spousal application.

2) Totally different question. He applied for a Working Holiday permit and there was a criminal charge (which resulted in dismissal without conviction) which he had to declare on his application. He was found to be admissible and was approved for the permit, much to our relief. However, we are wondering, does this mean he is in the clear for all future applications regarding criminal admissibility relating ot this matter, or will he be subject to a different review when we apply for PR? Just wondering if we will have to go through the same process, over and over again, each time we complete paperwork. Further, what about questions at Port of Entry regarding this?
1. Doesn't matter for spousal applications... There's no scoring system, no income requirement, nothing, just have to be a spouse... In fact, if I remember correctly I don't think there is even a section for past employment history on a spousal application.

2. Looks like no conviction... therefore no problem. The fact that it's already been looked at is also a good thing!
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Old Apr 23rd 2005, 8:58 pm
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Default Re: Spousal PR Application Questions

I agree with Jonny's comments. The only hard part ahead for your partner is that his Working Holiday visa cannot be extended and in order to remain in Canada with you while his PR application is being processed, he cannot work. That was the hardest part for me (as the applicant) for sure.

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Old Apr 24th 2005, 10:15 am
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Default Re: Spousal PR Application Questions

It seems really silly that a spouse can remain with you in Canada, but cannot work while the PR process is going on. Surely this makes life really difficult - both financially and otherwise, for couples. Is there anyway around this? Further, if we qualify for common-law status and apply for PR, or if we were to get married, before the end of the working holiday visa, would this mean that he could work while the visa was being processed? Or would they consider this an abuse of the Working Holiday visa...just curious, has anyone done this? We'd really love to find a way to try to avoid a potential year of him not being able to work while PR is in process.


Originally Posted by ozinca
I agree with Jonny's comments. The only hard part ahead for your partner is that his Working Holiday visa cannot be extended and in order to remain in Canada with you while his PR application is being processed, he cannot work. That was the hardest part for me (as the applicant) for sure.

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Old Apr 24th 2005, 3:43 pm
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Default Re: Spousal PR Application Questions

Originally Posted by sheenoid
It seems really silly that a spouse can remain with you in Canada, but cannot work while the PR process is going on. Surely this makes life really difficult - both financially and otherwise, for couples. Is there anyway around this? Further, if we qualify for common-law status and apply for PR, or if we were to get married, before the end of the working holiday visa, would this mean that he could work while the visa was being processed? Or would they consider this an abuse of the Working Holiday visa...just curious, has anyone done this? We'd really love to find a way to try to avoid a potential year of him not being able to work while PR is in process.
You bet it makes life difficult. If you already qualify to apply for PR under common law you can apply straight away. Or if you wish to marry in Canada then you can apply to sponsor him right away also. Don't wait for the Working Holiday visa to expire before you apply, in fact the sooner you apply, the better as timelines vary from around 6 months to 12+ months.

The only way around him working while waiting is to get a job that qualifies him for a work permit. This is hard to do as approval is only given to applicants who have an employer who can prove that no Canadian qualifies for the position they need filled.

My advice is to apply for PR as soon as you can. If you already qualify for common law PR, go ahead an apply now or within a month or two of your arrival in Canada. That way, if the processing takes a year, he will only be unable to work for a couple of months.

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