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What does my wife say to immigration?

What does my wife say to immigration?

Old Oct 25th 2005, 7:00 am
  #1  
John Thom Don
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Default What does my wife say to immigration?

Hi,

Just wanted some advice for my wife's arrival in Feb 06.

I have PR and am living in Canada at the moment, I will be going back
to the UK in January to get married and then early in February we will
return together.

My wife will be arriving as a visitor and applying for her visa
(spousal) from within Canada.

In this situation can anybody give my guidance on what to say and what
not to say @ immigration when we first arrive?


Is it OK for her to say that she's arriving as visitor but intends to apply from within? Should she definitely avoid saying that? Is it best for her to book a return flight so that it looks like she'll be returning to UK but then just not use the return leg?
Many thanks

John
 
Old Oct 25th 2005, 7:27 am
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Default Re: What does my wife say to immigration?

Originally Posted by John Thom Don
Hi,

Just wanted some advice for my wife's arrival in Feb 06.

I have PR and am living in Canada at the moment, I will be going back
to the UK in January to get married and then early in February we will
return together.

My wife will be arriving as a visitor and applying for her visa
(spousal) from within Canada.

In this situation can anybody give my guidance on what to say and what
not to say @ immigration when we first arrive?


Is it OK for her to say that she's arriving as visitor but intends to apply from within? Should she definitely avoid saying that? Is it best for her to book a return flight so that it looks like she'll be returning to UK but then just not use the return leg?
Many thanks

John
The only thing that I would say is "Don't Lie". You don't want her to be banned for life.

I'm sure that the official forum experts will have more to say on the matter, but I'm bored today so here goes anyway.

My view is that she will need the return ticket. If you turn up with only a one way ticket and do not have residential status then it sort of indicates an intent to stay illegally.

Amongst other things you can't guarantee that the spousal application will take less than 6 months. I'm also surprised that the application can be made from within Canada since I thought that applications had to be from a country in which you are resident. Perhaps there are exceptions in spousal cases, but she would be a visitor rather than resident.

Last edited by Posidrive; Oct 25th 2005 at 7:28 am. Reason: Yet more bad spelling
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Old Oct 25th 2005, 7:52 am
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Default Re: What does my wife say to immigration?

Hi there,

Thanks for the info, maybe a return ticket is the best way to go.

As far as I know as long as my wife is living with me in Canada when she applies (which she will be) then she can stay in Canada until the visa application has been processed.

If anyone knows that this isn't correct please let me know!!!

John

Originally Posted by Posidrive
The only thing that I would say is "Don't Lie". You don't want her to be banned for life.

I'm sure that the official forum experts will have more to say on the matter, but I'm bored today so here goes anyway.

My view is that she will need the return ticket. If you turn up with only a one way ticket and do not have residential status then it sort of indicates an intent to stay illegally.

Amongst other things you can't guarantee that the spousal application will take less than 6 months. I'm also surprised that the application can be made from within Canada since I thought that applications had to be from a country in which you are resident. Perhaps there are exceptions in spousal cases, but she would be a visitor rather than resident.
 
Old Oct 25th 2005, 8:07 am
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Default Re: What does my wife say to immigration?

Originally Posted by John Thom Don
Hi there,

Thanks for the info, maybe a return ticket is the best way to go.

As far as I know as long as my wife is living with me in Canada when she applies (which she will be) then she can stay in Canada until the visa application has been processed.

If anyone knows that this isn't correct please let me know!!!

John
Oops didn't mean to frighten you. A quick look at http://www.cic.gc.ca/english/sponsor...pouse.html#Q12
sort of shows that as of this year you shouldn't have a problem.

One other point about airline tickets depending upon time of year, unless you are going with one of the Charters like Canadian Affair, then a return ticket will probably be cheaper.
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Old Oct 25th 2005, 8:09 am
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Default Re: What does my wife say to immigration?

Originally Posted by John Thom Don
Hi there,

Thanks for the info, maybe a return ticket is the best way to go.

As far as I know as long as my wife is living with me in Canada when she applies (which she will be) then she can stay in Canada until the visa application has been processed.

If anyone knows that this isn't correct please let me know!!!

John
Hi John, I'm afraid that is incorrect. Your wife would have to return after 6 months if PR wasn't granted by then. I was in a similar position, here as a visitor, Sheila being the canadian citizen. Fortunately i got my PR before the 6 months were up but i would have had to return if it had not been granted.
Some airlines won't let your wife fly with a one way ticket, get a return, it's not much dearer anyway.
i applied through london and i'm pretty sure you will have to do the same.
Posidrive is correct, don't lie to immigration, don't even not mention something you know you should have told them, either scenario could get you wife a life ban if found out.
Best wishes and good luck
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Old Oct 25th 2005, 8:12 am
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Default Re: What does my wife say to immigration?

Originally Posted by Posidrive
Oops didn't mean to frighten you. A quick look at http://www.cic.gc.ca/english/sponsor...pouse.html#Q12
sort of shows that as of this year you shouldn't have a problem.

One other point about airline tickets depending upon time of year, unless you are going with one of the Charters like Canadian Affair, then a return ticket will probably be cheaper.
We need an experts opinion on this one, i think your link applies to spouses already in canada on a work permit but not as a visitor.
Not sure though and i could well be wrong.
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Old Oct 25th 2005, 8:22 am
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Default Re: What does my wife say to immigration?

Hi,

I'm pretty certain the new legislation (the link) means that my wife can apply as my spouse from within Canada regardless of status i.e. she can apply as a visitor. I think also that it means she can stay with me legally in Canada for as long as it takes to process the visa application - that's the way I understand it.

The only downside is that the processing time is a little longer than if she stayed in the UK and applied from there and also that she cannot work or study within Canada while the application is being processed.

The only other negative is that we cannot afford to build too much of a life here while her case is being looked at in case it is ultimately declined and she has to leave.

I'm not looking to lie or deceive when we land just don't wanna end up saying something silly that'll cause loads of fuss that could've been avoided.

As last reply, return ticket sounds like the best idea and will also overcome any problems at check in the UK too.

John
 
Old Oct 25th 2005, 8:37 am
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Default Re: What does my wife say to immigration?

Originally Posted by John Thom Don
Hi,

As last reply, return ticket sounds like the best idea and will also overcome any problems at check in the UK too.

John
As an example, until our house sale fell through a couple of days ago I was going to be going back to the UK this week to empty the house and pick up the family. My return ticket with AC would have cost about £450 whereas the single for my wife was over £600
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Old Oct 25th 2005, 8:41 am
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Default Re: What does my wife say to immigration?

I did a similar thing came to Canada on a return ticket in January 2001 and stayed and got married, these things happen. When my 6 months as a visitor ran out, I got a 6 month visa extension until my PR was granted. Applied for PR in July 2001 and it came through in November 2001 but we got married in May but it took a little while to get all the documents we needed to get together. This was 4 years ago though, things may have changed.
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Old Oct 25th 2005, 10:53 am
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Default Re: What does my wife say to immigration?

Originally Posted by babsi
I did a similar thing came to Canada on a return ticket in January 2001 and stayed and got married, these things happen. When my 6 months as a visitor ran out, I got a 6 month visa extension until my PR was granted. Applied for PR in July 2001 and it came through in November 2001 but we got married in May but it took a little while to get all the documents we needed to get together. This was 4 years ago though, things may have changed.
I'd also like to confirm what Babsi said. I did the exact same thing that your wife will be doing, last May. My husband is a Canadian citizen and we were married in the US and I planned (am currently) applying for a spousal Perm. Res. within Canada. We drove over the US border and I just explained that I was married to B, my husband and that I was moving to be in Canada with him and that I was applying for Perm. Res. in Canada. At the border station, I got a 6 month visitor visa. I am just applying for an extension of my visa so that I can stay in Canada while my application is being processed. There shouldn't be any problem for your wife as long as you can prove that you are married, you are a PR of Canada, and that she states that she is planning on applying for PR as well.
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Old Oct 26th 2005, 2:55 am
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Default Re: What does my wife say to immigration?

The new rules do state that your wife can stay with you legally until the process is complete, no need for visa extensions or returning home.

One you you should consider, this is what i have done is applying for a 1 year open work permit through BUNAC. As long as your wife is between 18 to 35 she can apply for it. Get in early though cos they get snapped up. 2005 is filled but the forms for next year will be avaliable in december and if you download it and do it straight away you should get a place. They filled the spots this year then they released some more, a few months back, all were taken.

That way your wife can come here and work for a year whilst you are sponsoring her, by the time the work permit has expired you should have finsihed the process and bobs your uncle.
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Old Oct 26th 2005, 3:01 am
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Default Re: What does my wife say to immigration?

Hi,

Sounds like a good option, however the website says she has to be resident in the UK for the whole of the application process. She will arrive in Canada Feb 06, how long does the application process take?

John
 
Old Oct 26th 2005, 4:08 am
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Default Re: What does my wife say to immigration?

Thats pushing it a bit I think. I applied imediately the forms were released, and was accepted by february but then I had to show evidence of my return flights and I believe I got my authorisation letter in March. It might be worth delaying your wifes flights by a few months if it means she can work in Canada for 1 year. especially if you have any complications and the process takes more than 9 months.
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Old Oct 26th 2005, 4:10 am
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Default Re: What does my wife say to immigration?

Hi,

Thanks for the further info, only problem is we have honeymoon booked for February 6th - skiing in Banff - so it's not something that can be delayed or cancelled I'm afraid.

Thanks for all info though.

John
 
Old Oct 26th 2005, 8:17 am
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Default Re: What does my wife say to immigration?

Thats a shame,

I live in Canmore, 20 mins from Banff so I might even see you there in Feb, ha ha.

Joe
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