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applying inland

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tallulah View Drop Down
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    Posted: 25 Dec 2010 at 2:37pm
Hi, my husband is to enter Canada hopefully on a skilled migration visa. Because of a family issue I will have to be content in visiting him only for the for the first year he is there. After that(I realise that it is faster to apply for a spouse visa outland here in the UK), am I allowed to apply for a spouse visa while I am with him on a visit visa in Canada. I understand that if I am able to do this then it would take around 18 months to get PR, but during that time would I be allowed to work, or study? I am also wondering if during those 18 months that I would be entitiled to healthcare, as my husband and I are wanting so much to have a baby. If my visa were refused for any reason would I be entitled to appeal with using an immigration lawyer. I have been told that if you are refused a visa while in Canada that there is no right of appeal. Thanks.
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RobsLuv View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 25 Dec 2010 at 6:22pm
If I'm understanding your situation correctly, you're going in completely the wrong direction with this.  If your husband has applied to immigrate to Canada as a Skilled Worker, you HAVE to be included on that application, and examined as his family member, or you will forever be banned from immigrating within the Family class stream.  He can designate you as a "non-accompanying" family member if it's not possible for you to come to Canada with him now, but then he'd have to apply to sponsor you later (and you'd have to go through the whole processing all over again, including the medical and criminal examination) - and that REALLY doesn't make a whole lot of sense.  It makes more sense - as long as you have to be included and examined now anyway - to be designated as his "accompanying" family member.  When the application is approved, both of you will be given permanent resident visas and you both travel to Canada to "land" at the port of entry.  Then you can turn around and go back home again - coming back to Canada easily (as a PR, able to work and have healthcare) whenever you are free to do so.  You only have to come back soon enough that you can then reside in Canada for at least two years of the five year period immediately following your "landing".  So - for example - if you were to "land" in April 2011, you could go back to the UK and stay there until appx February of 2014 before you'd have to come back to Canada and remain here for another two years to maintain your PR status.

Honestly, if you're already included on his application (which you seriously HAVE to be), it makes no sense at all to be designated as "non-accompanying" now and have to go through the entire application process all over again, when you can simply come to Canada for a quick visit to accomplish your "landing" with your husband - and then go back home to take care of your family issue. 

Also, UK citizens are visa-exempt when it comes to visiting - which means that you don't apply in advance of travel for a visa to come to Canada.  You have to apply for entry at the Canadian port of entry and, in order to be admitted, you have to demonstrate that you only intend to remain in Canada temporarily.  That can be difficult to do when you have a husband in the country.  If you don't go through with the "accompanying" thing with the PR visa, then on every trip to visit your husband, you run the risk of being refused entry.  There'd be no point in putting yourself in that situation when you could just get PR status with your husband and be able to enter the country whenever you wanted to - to visit  him - until you're ready to move here. 

In addition - you're asking about applying "inland" once your family issues are resolved, and that's not in your best interest either.  You'd be in Canada without the ability to work or have healthcare for at least 8-9 months (currently) and it would take 12-18 months to finalize the application.  If you want to be a Canadian PR, it makes no sense not to just finalize the current process by landing, and then go home to the UK to work out your issues, coming back when that's resolved.  Again, there is no requirement that you stay in Canada for a specific period of time right after landing to maintain your PR status.  You only have to reside in Canada for two years of each five year period after landing to keep the status.  Also, you have no obligation to disclose (at landing) your intention to go back to the UK immediately. 

Hope this helps.  If you have any other questions, please don't hesitate to ask.  It's REALLY important that you understand how this works or you could mess yourselves up big time.

Merry Christmas.


Edited by RobsLuv - 25 Dec 2010 at 6:35pm
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 26 Dec 2010 at 9:37am
Ditto RobsLuv with emphasis.

Lots of emphasis actually. This is critical. I get the impression your husband's application is already in process.

Beware:

If your husband is immigrating to Canada YOU MUST BE INCLUDED AS A "FAMILY MEMBER" ON HIS APPLICATION! As RobsLuv says, you may be either "accompanying" (which makes a lot, lot more sense, especially if you planned to visit anyway, since you land and as RobsLuv says you have plenty of time to go back and forth until you can settle in Canada yourself), or "non-accompanying." BUT EITHER WAY YOU HAVE TO BE INCLUDED WITH HIS APPLICATION. If you are not included, you will be FOREVER barred from being sponsored as your husband's partner! Moreover his own PR status would be at serious risk, since he has an absolute obligation to include a spouse on his application, and a failure to do so would constitute serious misrepresentation for which he could (and very well might) face removal from Canada for at any time in the future, even years later.

If his application is already in process, and you are not included, it is absolutely imperative that he notify CIC and correct his application (if you were married at the time he initially applied) or update his family information (if you became married after he started his application). ABSOLUTELY IMPERATIVE THAT THIS BE DONE! If he has not applied yet, then just be sure you are included as a family member on the application.

DO NOT BE TEMPTED to avoid the delay of including you now. You must be included. You must be included in order for you to ever immigrate to Canada as his partner. You must be included for his application to be sufficiently truthful to avoid his being removed (deported) even if he initially is alowed to land in Canada as a PR.

Edit to add (only applicable if indeed the application is already in process): While adding you to an application in process is going to delay things for him (again, it is imperative to add you, and thus it is imperative that he not succumb to the temptation to avoid the delay by not adding you), the most important part of this is that he NOT come to Canada and land without adding you. Again, adding you will cause some delay (more delay if you should have been on the app from the beginning), but so long as he does add you BEFORE LANDING things should work out (assuming all the eligibility criteria are in order of course). If he did submit an application already and you were already married and he did not include you, he should probably see a qualified CANADIAN immigration lawyer (if possible). The importance of this cannot be overstated!


Edited by dpenabill - 26 Dec 2010 at 9:45am
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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