Spousal Visa Questions

Old Jan 28th 2013, 3:52 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Jan 2013
Posts: 78
nm2013 is an unknown quantity at this point
Default Spousal Visa Questions

My wife (who is Canadian) and I plan to go to Canada and start the visa process. She will sponsor me as a spouse. My question is what do we say at immigration when arriving in Canada. I plan to have a 3 month return ticket but am hoping to get a 6mo stamp. Once the visa paperwork is filed does that entitle me to stay while it is being processed or would I have to come back to the UK?

Is there a financial requirement that my wife needs to meet to sponsor me? She has been in the UK for the last 6mo so has not had any income...

Should we hide the fact that we are married when asked the purpose for my visit?

Is it quicker to start the process out of Canada rather than in?

Am i allowed to work while visa application is being processed?

How long within a 1yr period is one allowed to stay in Canada on a holiday visa? Can you go across a border and come right back to get re stamped? Or do u have to leave for a certain amount of time?

What are teh realastic wait times for these types of visas? I have read anywhere frm 4mo to years and years...

Many thanks to anyone who can shed some light, it is all very confusing!
nm2013 is offline  
Old Jan 28th 2013, 3:59 pm
  #2  
Banned
 
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Siouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond reputeSiouxie has a reputation beyond repute
Default Re: Spousal Visa Questions

If your wife is a Canadian Citizen then you could start the process now. Once you have submitted the paperwork to CIC (and paid the fee's) you could enter Canada as a visitor (dual intent) and request a 1 year visitor status due to your application for PR. You would apply 'outland' but put your Canadian address down for correspondence, once you have moved over.

You would not be able to work prior to obtaining PR unless you applied 'inland' - however, applying inland takes considerably longer.

Present processing times for Spousal/Family applications are:

http://www.cic.gc.ca/english/informa...es/perm-fc.asp

Outland: 55 days for sponsor approval (1st stage) and then 9 months for London processing

Inland: 6 months for sponsor approval (1st stage) and then 8 months for Vegreville processing.

If for some reason your application had not finished processing within the time period given on entry, you would apply online for an extention as a visitor - $75 - you would not need to leave the country to do so.

Siouxie is offline  
Old Jan 28th 2013, 4:05 pm
  #3  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,025
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: Spousal Visa Questions

This Wiki article may help as well - http://britishexpats.com/wiki/Spousa...sorship-Canada
christmasoompa is offline  
Old Jan 28th 2013, 4:29 pm
  #4  
Concierge
 
SchnookoLoly's Avatar
 
Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
SchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond repute
Default Re: Spousal Visa Questions

Worth pointing out that hte processing time for London - the 9 months is the processing time for 80% of applications. If you have a straight forward case (no extenuating circumstances, no kiddies, lived in only 1-2-3 countries, etc) then you can expect processing time to probably be closer to 3-4 months.

Have a look at this spreadsheet - https://docs.google.com/spreadsheet/...thkey=CJyi-IYE, gives a pretty clear idea of average processing times for Outland via London.
SchnookoLoly is offline  
Old Jan 28th 2013, 4:37 pm
  #5  
Forum Regular
Thread Starter
 
Joined: Jan 2013
Posts: 78
nm2013 is an unknown quantity at this point
Default Re: Spousal Visa Questions

Originally Posted by siouxie
If your wife is a Canadian Citizen then you could start the process now. Once you have submitted the paperwork to CIC (and paid the fee's) you could enter Canada as a visitor (dual intent) and request a 1 year visitor status due to your application for PR. You would apply 'outland' but put your Canadian address down for correspondence, once you have moved over.

You would not be able to work prior to obtaining PR unless you applied 'inland' - however, applying inland takes considerably longer.

Present processing times for Spousal/Family applications are:

http://www.cic.gc.ca/english/informa...es/perm-fc.asp

Outland: 55 days for sponsor approval (1st stage) and then 9 months for London processing

Inland: 6 months for sponsor approval (1st stage) and then 8 months for Vegreville processing.

If for some reason your application had not finished processing within the time period given on entry, you would apply online for an extention as a visitor - $75 - you would not need to leave the country to do so.

We got married in dec and my wife's visitor stamp runs out mar 6th so we have to be out of the uk before then, so she doesn't have 55 days left in the country. What could we do? And is there any reason that a 1yr extention be refused? Is this all done on 1 form on line or do you need to go to the Canadian Embassy in London?

and
nm2013 is offline  
Old Jan 28th 2013, 4:46 pm
  #6  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,025
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: Spousal Visa Questions

Originally Posted by nm2013
We got married in dec and my wife's visitor stamp runs out mar 6th so we have to be out of the uk before then, so she doesn't have 55 days left in the country. What could we do? And is there any reason that a 1yr extention be refused? Is this all done on 1 form on line or do you need to go to the Canadian Embassy in London?
As Siouxie has said, you should probably get the process underway now, so that it's at least started before you go - ideally it would have been done earlier so you'd be moving with PR, but never mind now.

Not sure what you mean by it all being done online, do you mean a visitor visa extension or the PR application?
christmasoompa is offline  
Old Jan 28th 2013, 4:52 pm
  #7  
Forum Regular
Thread Starter
 
Joined: Jan 2013
Posts: 78
nm2013 is an unknown quantity at this point
Default Re: Spousal Visa Questions

Originally Posted by christmasoompa
As Siouxie has said, you should probably get the process underway now, so that it's at least started before you go - ideally it would have been done earlier so you'd be moving with PR, but never mind now.

Not sure what you mean by it all being done online, do you mean a visitor visa extension or the PR application?
So what is the 1st process? I thought a spousal visa was different than a PR application? Can you apply for a PR and a 1yr extention at the same time?
nm2013 is offline  
Old Jan 28th 2013, 4:55 pm
  #8  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,025
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: Spousal Visa Questions

Originally Posted by nm2013
So what is the 1st process? I thought a spousal visa was different than a PR application? Can you apply for a PR and a 1yr extention at the same time?
No, a spousal visa is a PR application. It's a two stage process though, first your wife has to be approved as a sponsor, then she applies to sponsor you.

But it's all the same thing, and results in you getting PR.

You won't apply for a 1 year extension, as per Siouxie's post above you'll ask for a 1 year visitor visa when you enter Canada - if you explain that you've applied for PR etc, then you stand a chance of being able to get it. So it's not an 'extension', that would only be required if your visitor visa ran out before you got PR (but yes, you can apply for that online).

HTH.
christmasoompa is offline  
Old Jan 28th 2013, 5:18 pm
  #9  
Forum Regular
Thread Starter
 
Joined: Jan 2013
Posts: 78
nm2013 is an unknown quantity at this point
Default Re: Spousal Visa Questions

Originally Posted by christmasoompa
No, a spousal visa is a PR application. It's a two stage process though, first your wife has to be approved as a sponsor, then she applies to sponsor you.

But it's all the same thing, and results in you getting PR.

You won't apply for a 1 year extension, as per Siouxie's post above you'll ask for a 1 year visitor visa when you enter Canada - if you explain that you've applied for PR etc, then you stand a chance of being able to get it. So it's not an 'extension', that would only be required if your visitor visa ran out before you got PR (but yes, you can apply for that online).

HTH.
Thanx that is so much clearer! However what is stopping the immigration person from just saying no? Should I have a return ticket? Does being married give us any rights to getting this 1yr stamp? I went to Canada in Aug (pre marriage) of 2012 and the officer had suspisions that I would overstay due to the fact I had given up my job and flat to visit my family and friends in Canada. I had a good luck card in my luggage and she said that was enough for her to suspect i would overstay. I was told that if I voluntarily left and signed an "Allowed to Leave" that it would not affect future travel, so I am very leary to try and enter Canada again. It was never my intention to overstay but because I could not (in her words) provide any ties to the UK (ie flat, I was going to stay at my Dads upon returning, or job, or car) she was convinced I was going to overstay. I have travelled many times previous and never had a problem, but now this makes me very nervous, especially as I am trying to get PR
nm2013 is offline  
Old Jan 28th 2013, 5:30 pm
  #10  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,025
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: Spousal Visa Questions

Originally Posted by nm2013
Thanx that is so much clearer! However what is stopping the immigration person from just saying no? Should I have a return ticket? Does being married give us any rights to getting this 1yr stamp? I went to Canada in Aug (pre marriage) of 2012 and the officer had suspisions that I would overstay due to the fact I had given up my job and flat to visit my family and friends in Canada. I had a good luck card in my luggage and she said that was enough for her to suspect i would overstay. I was told that if I voluntarily left and signed an "Allowed to Leave" that it would not affect future travel, so I am very leary to try and enter Canada again. It was never my intention to overstay but because I could not (in her words) provide any ties to the UK (ie flat, I was going to stay at my Dads upon returning, or job, or car) she was convinced I was going to overstay. I have travelled many times previous and never had a problem, but now this makes me very nervous, especially as I am trying to get PR
Being married gives you no right to a visitor visa, and as you say, there's certainly no guarantee of being allowed in. If you're really worried about it then the only thing to do is stay in the UK whilst you wait for PR, although I realise this would mean being separated from your wife in the interim. I've not seem anybody else on the forum be refused entry though, as long as you're honest and can show you've applied for PR you should be ok.

Hopefully Former Lancastrian (our resident CBSA officer) will come along and see this thread and give you some advice on how to stand the best chance of gaining entry.

Good luck.
christmasoompa is offline  
Old Jan 28th 2013, 5:35 pm
  #11  
Forum Regular
Thread Starter
 
Joined: Jan 2013
Posts: 78
nm2013 is an unknown quantity at this point
Default Re: Spousal Visa Questions

Originally Posted by christmasoompa
Being married gives you no right to a visitor visa, and as you say, there's certainly no guarantee of being allowed in. If you're really worried about it then the only thing to do is stay in the UK whilst you wait for PR, although I realise this would mean being separated from your wife in the interim. I've not seem anybody else on the forum be refused entry though, as long as you're honest and can show you've applied for PR you should be ok.

Hopefully Former Lancastrian (our resident CBSA officer) will come along and see this thread and give you some advice on how to stand the best chance of gaining entry.

Good luck.
I was gobsmacked when I was sent back, as I said i have family there and had visited numerous times for months at a time and never had a problem. Cheers very much for your advice and quick reply, hopefull I can catch the CBSA officer at some point, but you have been a huge help!
nm2013 is offline  
Old Jan 29th 2013, 10:15 am
  #12  
Lost in BE Cyberspace
 
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,846
Former Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond repute
Default Re: Spousal Visa Questions

Originally Posted by christmasoompa
Being married gives you no right to a visitor visa, and as you say, there's certainly no guarantee of being allowed in. If you're really worried about it then the only thing to do is stay in the UK whilst you wait for PR, although I realise this would mean being separated from your wife in the interim. I've not seem anybody else on the forum be refused entry though, as long as you're honest and can show you've applied for PR you should be ok.

Hopefully Former Lancastrian (our resident CBSA officer) will come along and see this thread and give you some advice on how to stand the best chance of gaining entry.

Good luck.
In cases like these you will need to convince CBSA officers that you are married and your wife has been approved as a sponsor as CBSA does not have access to CIC GCMS application. Merely submitting an application is no guarantee that sponsorship will be approved. Does your wife meet the minimum income to sponsor?
Yes you could apply for a 12 month visitor record but you wont be able to work and I have seen this cause problems as well. Will your OH have a job when she arrives and how will both of you support each other?
I cannot give you a 100% answer what will happen. If admitted you can apply for visitor extensions through CPC Vegreville while spousal sponsorship is processed.
IMHO I would at least wait until your spouse has been approved as a sponsor before I came. What happens if she is not approved?
Former Lancastrian is offline  
Old Jan 29th 2013, 11:07 am
  #13  
Forum Regular
Thread Starter
 
Joined: Jan 2013
Posts: 78
nm2013 is an unknown quantity at this point
Default Re: Spousal Visa Questions

Is their a minimum income to sponsor?
as we were told by a MP that their no financial requirements???
nm2013 is offline  
Old Jan 29th 2013, 11:12 am
  #14  
Concierge
 
SchnookoLoly's Avatar
 
Joined: Jun 2011
Location: Oakville, ON, CA
Posts: 8,320
SchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond reputeSchnookoLoly has a reputation beyond repute
Default Re: Spousal Visa Questions

No minimum requirement, just that she can support both of you since you can't claim government assistance for the first 3 years that you're PR, so no minimum as such, just the means to support.
SchnookoLoly is offline  
Old Jan 29th 2013, 11:30 am
  #15  
SUPER MODERATOR
 
christmasoompa's Avatar
 
Joined: Oct 2007
Location: In a darkened room somewhere.............
Posts: 34,025
christmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond reputechristmasoompa has a reputation beyond repute
Default Re: Spousal Visa Questions

Originally Posted by nm2013
Is their a minimum income to sponsor?
as we were told by a MP that their no financial requirements???
No there isn't, unfortunately FL has given you wrong info there.

Last edited by christmasoompa; Jan 29th 2013 at 11:34 am.
christmasoompa is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.