Spouse Immigration

Old Mar 12th 2014, 7:06 am
  #1  
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Default Spouse Immigration

Hello,

I've just posted my spouse immigration application to my fiance in Canada. He will then add his and post it on asap. We are getting married in England in 3 weeks (5th April). Ideally I would want to move to Canada early May, as we have spent lots of time apart, as he was in the British Army.

I wondered if anyone else who has gone down this route could give me a clue on how long it could take? And can i visit Canada whilst my application is being processed?

Thank you
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Old Mar 12th 2014, 7:39 am
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Default Re: Spouse Immigration

Originally Posted by Izzy91
Hello,

I've just posted my spouse immigration application to my fiance in Canada. He will then add his and post it on asap. We are getting married in England in 3 weeks (5th April). Ideally I would want to move to Canada early May, as we have spent lots of time apart, as he was in the British Army.

I wondered if anyone else who has gone down this route could give me a clue on how long it could take? And can i visit Canada whilst my application is being processed?

Thank you
Hello and welcome to BE!

I'm presuming that your fiance has Permanent Residency in Canada?

You will need a copy of your legal and official Marriage certificate to send in with your application and you won't be able to send in your application to CIC until after the wedding.

You can certainly visit, in fact if you wanted to you could move to Canada and enter under dual intent which means entering both as a visitor and as someone who has an application for Permanent Residency in place. You will need a copy of the receipt for your application to show immigration when you arrive, so make sure you have one.

You can apply 'outland' - meaning, designating London as your processing office - even if you are living in Canada at the time. Outland applications are taking at present 1 month for the sponsorship approval and then a further 2-6 months for 2nd stage processing in London.

If you look at this thread, you will find dozens of other members who have also put in applications, so if you have any questions please feel free to post them. http://britishexpats.com/forum/showt...4#post11169564

Congrats on your upcoming wedding! Exciting times!

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Old Mar 12th 2014, 7:50 am
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Default Re: Spouse Immigration

Hello Siouxie,
Thanks for your quick reply.
My fiance is Canadian. We were going to apply asap, under common-law. I've mentioned my upcoming wedding umpteen times in the application. My fiance and his family have been using an immigration lawyer to help with the process and she hasn't mentioned that we need to be married, but i haven't met her, so don't know if she trustworthy lol!

Sorry- I'm new to this, quite young and easily confused! If I enter Canada with dual intent does my spouse application need to have been already sent off?
And do I need to book a return flight, like if I was just visiting Canada for up to 6 months? I looked into visiting Canada for up to 6 months (whilst i wait for my application to be processed) and it said that i will need to prove that i will return to England (e.g. a job in England, which i do not have anymore due to moving) and show means of supporting myself. If I enter with dual intent would that overrule the other rules. Would I need to do anything to enter under dual intent or just show up?

Sorry for all the questions
Thanks
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Old Mar 12th 2014, 7:59 am
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Default Re: Spouse Immigration

Originally Posted by Izzy91
Hello Siouxie,
Thanks for your quick reply.
My fiance is Canadian. We were going to apply asap, under common-law. I've mentioned my upcoming wedding umpteen times in the application. My fiance and his family have been using an immigration lawyer to help with the process and she hasn't mentioned that we need to be married, but i haven't met her, so don't know if she trustworthy lol!

Sorry- I'm new to this, quite young and easily confused! If I enter Canada with dual intent does my spouse application need to have been already sent off?
And do I need to book a return flight, like if I was just visiting Canada for up to 6 months? I looked into visiting Canada for up to 6 months (whilst i wait for my application to be processed) and it said that i will need to prove that i will return to England (e.g. a job in England, which i do not have anymore due to moving) and show means of supporting myself. If I enter with dual intent would that overrule the other rules. Would I need to do anything to enter under dual intent or just show up?

Sorry for all the questions
Thanks
You are very welcome.

To be classed as common-law you need to have resided together 'as if married' continuously (without any breaks) for a minimum of 12 months. If your fiance has moved back to Canada and you are still in the UK then you risk losing your common-law status for immigration purposes. Whilst 'theoretically' your common law status remains regardless of short breaks (i.e. a week) after the 12 month period, in reality there have been cases where CIC have refused the application because the couple have not been living together continuously the whole time since qualifying for common-law status.

You said you have spent a lot of time apart due to him being in the army, does this include time since you have lived together?

If you are getting married in 3 weeks and have not yet sent in the application I would really recommend waiting until after the wedding as the proof required to establish that you are common-law is much higher than the proof required if you are married. For the sake of waiting 3-4 weeks before submitting your application, it is better to wait than have the application refused on the ground that you have not been living together continuously.

To enter under dual intent your application fees need to be paid for and your application submitted, preferably.

Whilst it isn't absolutely essential to have a return ticket, some airlines will refuse to allow you to fly without one as you don't have status in Canada. It's quite often cheaper to get a return anyway, look at Air Transat and just book a return for a few months later. Get a letter from your husband (with a copy of his PR card or passport) stating that he will support you. You would tell the immigration officer that you understand if your application for PR is unsuccessful that you will be required to leave Canada and show proof that you either have a return ticket or the means to pay for one. You would tell him that you have an application for spousal PR in place and you wish to wait for the processing to be finalised with your husband in Canada.

If you send in your application a couple of weeks after your marriage (as soon as you have the certificate) then you would get sponsorship approval around a month later and PR would come through 2-5 months after that. If for any reason there was a delay, you could apply to extend your visitor status online.


Last edited by Siouxie; Mar 12th 2014 at 8:10 am.
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Old Mar 12th 2014, 8:14 am
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Default Re: Spouse Immigration

Thank you so much for your help. That sounds a lot easier and less stressful! Did you enter into Canada this way?
Thanks
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Old Mar 12th 2014, 8:20 am
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Default Re: Spouse Immigration

Originally Posted by Izzy91
Thank you so much for your help. That sounds a lot easier and less stressful! Did you enter into Canada this way?
Thanks
I came here as a visitor, met my husband out of the blue and kept extending my visitor status whilst we dated - we got married almost 2 years later and it was another 2 years before I submitted my application for PR (my son couldn't decide whether he wanted to come to Canada or not and he was still a dependant, so I had to wait, lol). It took another 5 years for me to actually get my PR, but that is another story!

I really would wait until you get married before submitting the application - it's the same form (outland) so you would just have to change a few details. I would hate for you to be refused for the sake of waiting another 3 weeks!

Good luck Izzy Enjoy the wedding!
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