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Spousal Sponsorship - Should I wait until I move back to Canada?

Spousal Sponsorship - Should I wait until I move back to Canada?

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Old Mar 3rd 2020, 2:07 am
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Default Re: Spousal Sponsorship - Should I wait until I move back to Canada?

Originally Posted by g0ldfinger
Do you have that link? I'm interested, because I've been collecting my documents and all of my odds and ends, but haven't yet fully made up my mind. Were you traveling with your spouse at the time?

I feel like my wife could play it pretty similarly, because I am going back to Canada partially due to a job.

Let me know. Thanks!
I don't have a link, sorry. If I have any luck finding it I'll let you know.

Yes we travelled together, but she went straight through (as a Canadian), I went to secondary (length of stay + carrying cheese). Carry some cheese. It might distract CBSA from the other issue at hand! I think I said I was staying for a month.

I also travelled back to UK while documents submitted, but before they acknowledged receipt (this is sometimes described as risky here).

Again went to secondary, CBSA dude was v cool once again, this time gave me a visitors record or something, he said it would make it easy for me to fly in and out if I wanted to.

I'd say don't act like a dick, but also don't act super defensive. You've got a legitimate claim for PR, and at same time CBSA have to do their job.
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Old Mar 3rd 2020, 5:19 am
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Default Re: Spousal Sponsorship - Should I wait until I move back to Canada?

Originally Posted by g0ldfinger
Do you have that link? I'm interested, because I've been collecting my documents and all of my odds and ends, but haven't yet fully made up my mind. Were you traveling with your spouse at the time?

I feel like my wife could play it pretty similarly, because I am going back to Canada partially due to a job.

Let me know. Thanks!
Our wiki discusses coming as a visitor with the intention of applying for Inland Spousal Sponsorship - but be aware that there have been cases where people have been turned away as 'not genune visitors'. It's really down to the CBSA Officer on the day to decide how THEY want to 'play it'. It's risky unless you have real ties to your home country..
https://britishexpats.com/wiki/Spous...d_Applications

A note for people who want to apply inland after entering Canada using Dual Intent

A February 2017 judgement, 'Mata vs Canada', outlines the case of an American who was issued an exclusion order after trying to enter Canada under dual intent with the intention of applying for Inland sponsorship but was turned away due to a lack of ties to the home country: Visiting Canada under Dual Intent / Intending Inland sponsorship - please read
Officially - https://www.canada.ca/en/immigration...pplicants.html
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Old Mar 3rd 2020, 9:02 am
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+1 to what Siouxie's said. If you want to be sure of your wife being allowed to enter Canada with your wife, then apply outland. There's no 'dual intent' if you haven't submitted a PR app, so you're then at the whim of a border officer and no guarantee your wife won't be refused entry.

Originally Posted by g0ldfinger
Personally, I would like to move earlier myself. My full intention was to be back in Canada within the year, myself.
When you say 'within the year', any more specific timeframe?

If you applied now, outland, your wife would have PR early 2021 as a rough guide. But if you moved in say, September, then she could go with you and wait for PR whilst in Canada. She just couldn't work until she gets PR.

If you move in Sept, then apply inland, it's still going to be early 2021 before your wife can work as it takes 4-5 months to get the work permit after applying. And she'd then have another 6-8 months before she got PR.

So unless you want to move much sooner, I can't see any advantage that an inland app would give you, and just wouldn't take the risk myself personally. If you just want to be out there in 2020, I'd apply outland asap, there's even a small chance she'd have PR before you move then.

Last edited by christmasoompa; Mar 3rd 2020 at 9:07 am.
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Old Mar 10th 2020, 2:55 am
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Default Re: Spousal Sponsorship - Should I wait until I move back to Canada?

Originally Posted by christmasoompa
+1 to what Siouxie's said. If you want to be sure of your wife being allowed to enter Canada with your wife, then apply outland. There's no 'dual intent' if you haven't submitted a PR app, so you're then at the whim of a border officer and no guarantee your wife won't be refused entry.



When you say 'within the year', any more specific timeframe?

If you applied now, outland, your wife would have PR early 2021 as a rough guide. But if you moved in say, September, then she could go with you and wait for PR whilst in Canada. She just couldn't work until she gets PR.

If you move in Sept, then apply inland, it's still going to be early 2021 before your wife can work as it takes 4-5 months to get the work permit after applying. And she'd then have another 6-8 months before she got PR.

So unless you want to move much sooner, I can't see any advantage that an inland app would give you, and just wouldn't take the risk myself personally. If you just want to be out there in 2020, I'd apply outland asap, there's even a small chance she'd have PR before you move then.
That's what I've decided. Inland is far too risky for myself, because an exclusion order would be devastating. Honestly, I could give a damn less if she was able to work or not. I just want to be there myself and work, and have her there eventually.

One question - another one of my concerns is receiving a refusal based on insufficient evidence of my returning. If that were to happen, would I be able to apply again after I moved back to Canada?
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Old Mar 10th 2020, 3:02 am
  #20  
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Default Re: Spousal Sponsorship - Should I wait until I move back to Canada?

Originally Posted by g0ldfinger
One question - another one of my concerns is receiving a refusal based on insufficient evidence of my returning. If that were to happen, would I be able to apply again after I moved back to Canada?
simple answer is, yes.

but you are a worry wart. Follow the wiki guidelines about proof of return, make genuine preparations and gather the proof that you have made genuine preparations and you will be fine.

Do a skim job that amount to 'I will, honest' with vague musings and you will be asked to provide a lot more. They will not turn you down without at least a request for further proof.

Please read the wiki on this!
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Old Mar 11th 2020, 3:12 am
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Default Re: Spousal Sponsorship - Should I wait until I move back to Canada?

Originally Posted by Siouxie
Number 1 tip, don't put down a specific date of return; it's been reported that there have been PR applications refused when they were ready to issue the COPRA but the sponsoring spouse had said they were not intending to return until more than 6 months later!
https://britishexpats.com/wiki/Spous...n_to_Canada.3F

Don't forget your children will require Canadian passports, if they don't already have them. https://www.canada.ca/en/immigration...it-canada.html
Thanks! If I'm not to provide a date, what should I put for the question "When do you plan to return to Canada to resume residence?" Should I leave it blank, or put something relative/conditional ("Shortly after receiving sponsorship approval" or "As soon as is feasibly possible?") My intend is as soon as possible, but not prior to receiving sponsorship approval, at least tentatively, but no later than the end of the year.

Originally Posted by Hurlabrick
simple answer is, yes.

but you are a worry wart. Follow the wiki guidelines about proof of return, make genuine preparations and gather the proof that you have made genuine preparations and you will be fine.

Do a skim job that amount to 'I will, honest' with vague musings and you will be asked to provide a lot more. They will not turn you down without at least a request for further proof.

Please read the wiki on this!
You have me properly identified. I'm a worry wart of the highest order.

I did read the Wiki, specifically regarding proof of return, and it calmed my nerves a bit. My plan is to get letters from my friends/family stating their knowledge of my return. I'm going to get a letter from my mom outlining my plan to stay with her initially until I find lodging of my own, and a letter from my parent's company, where I'm going to work, stating that I'll have a job available when I return. I'm also going to work on an import list of my possessions for coming across the border. I should probably be documenting my calls to the CBSA as additional proof.

Thanks! I really do appreciate all of the help and guidance.
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