# Apply for residency (spouse) from uk or canada?



## STRIKE (Mar 27, 2012)

Hello! I just wondered if anyone could advise on our situation?

My wife is Canadian & I'm English. We live in the UK with our daughter who was born here. I have the paperwork almost ready to apply for my Canadian residency, being sponsored by my wife & applying form the UK. We were given an estimated time of 6 months. My wife has already planned to move back in July with our daughter & I would follow as soon as my visa cleared.

I have just checked the site & it looks like they now estimate a total of 11 months for my visa. My wife is still set on moving in July so I face the decision of either putting in my application & travelling with her on a holiday visa until my paperwork clears in the UK, or apply from within Canada & travel with her in July.

Firstly I wasn't sure if the first option would be ok. Can I travel to Canada early on a regular holiday visa while my paperwork is going though in the UK? Especially as I could be there for 5 months until my visa clears & I would then have to return to the UK & re-enter. I'm just a little worried they may need to contact me during the process. Also it would be hard for me to plan a return flight.

The second option is not ideal as it means I will be unable to work for the whole time of my visa processing in Canada, which is much longer than from here. Plus I would have to wait until July to even put the forms in.

I just wondered if anyone has any experience simillar, or any advice. I just want to be confident that i'm making the right decision & that I won't cause any extra problems. With plans for the move in sight though I feel like I need to make a decision pretty soon. I do have the forms to apply now & i'm a little unsure how I would go about applying from within Canada if that is the best option.

I know this is a little complicated, but if anyone could help i'd really appreciate it!

Thanks


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## Liam(at)Large (Sep 2, 2012)

We did the application inn country for my wife, and it took 13 months to be processed...

I don't see why you you would have to return to the UK once you get your residency, if you start the process before hand, you can just drive in to the US and re-enter from there to activate you residence.


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## STRIKE (Mar 27, 2012)

That's true. I forgot it is all done through email now. For some reason i was expecting it to be posted to my UK address.


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## Ririthron (Feb 14, 2013)

I think the appliation forms have a clause somewhere that says you're not allowed to do this.

Have you called Immigration Canada and asked them? I think you have to hit zero to break out of their automated reply and speak to a human being. (I can't remember now.) Anyway, you *can* speak to a human being and ask them this question.

By the way, if you're flying to Canada as a "tourist" you will need to purchase a return ticket before you get on the plane. Sometimes they'll ask for this return ticket and won't let you on the plane unless you have it, especially if you're flying through the USA.


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## STRIKE (Mar 27, 2012)

Yeah i did think the same about needing a return flight. I think i will try & call. I got a bit lost in the autamated system last time i tried & got a bit frustrated.


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## Ririthron (Feb 14, 2013)

STRIKE said:


> Yeah i did think the same about needing a return flight. I think i will try & call. I got a bit lost in the autamated system last time i tried & got a bit frustrated.


It's been two years so I forget how it works, but there is a point where you can enter 0 and speak with a human being. It's maybe the third or fourth menu and it's essentially a secret. In other words, at no point does the automated menu ever say "press zero to speak to a human being". Their phone queues are huge, so expect to be on hold for 20 minutes.


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## Liam(at)Large (Sep 2, 2012)

We applied in country because we didn't know any different. Several people I know (including my brother in law), who used an immigration lawyer, applied out of country even though they were already in the country because it has quicker processing times. A family friend married a girl from Scotland, they applied from overseas, but when his gran passed away, they flew to Canada and she just stayed until she got her PR, then they round tripped it to Buffalo.

You do NOT need a return ticket, you need an onward ticket... Big difference.


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## Ririthron (Feb 14, 2013)

Liam(at)Large said:


> We applied in country because we didn't know any different. Several people I know (including my brother in law), who used an immigration lawyer, applied out of country even though they were already in the country because it has quicker processing times. A family friend married a girl from Scotland, they applied from overseas, but when his gran passed away, they flew to Canada and she just stayed until she got her PR, then they round tripped it to Buffalo.
> 
> You do NOT need a return ticket, you need an onward ticket... Big difference.


My common-law wife applied in-country as well. (Her application was processed more than 6 months sooner than they said it would be. That's also something to keep in mind -- the processing times are not always a good approximation.)

A lot of people apply from "outside" even though they're actually in the country. Yes, the processing times are faster and the other bonus is that you can re-apply if you get turned down. But... I don't think you're allowed to switch from one to the other while the application is being processed. I remember reading that somewhere in the application form. If they let your friend do this then maybe they made some kind of exception. 

Yes, you need an "onward" ticket, but I remember reading that the USA and St. Pierre & Michelon don't count as "onward". I don't know how it works in practice.


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## STRIKE (Mar 27, 2012)

Thanks for the replies! This has definately given me a few things to consider. I think i will try calling to get some advice from them as well. If it was up to me i'd apply here & wait for it to come through, but my wife has lived here for 4 years now & is very excited to have a date to be moving back. Anyone else who has thoughts please add them!


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## STRIKE (Mar 27, 2012)

Hello all. Sorry, just another question that has come up - 

My wife is canadian (& my sponsor) & my daughter was born in the uk, but is entitled to canadian citizenship. I just wondered should i be putting them as dependants on my general application form? I found the notes a little confusing.

Also it mentions sending proof of my daughters citizenship, but we can't apply for the paperwork yet, as my wife has to send off her passport to extend her visa in the uk. 

Any thoughts?


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## Liam(at)Large (Sep 2, 2012)

STRIKE said:


> Hello all. Sorry, just another question that has come up -
> 
> My wife is canadian (& my sponsor) & my daughter was born in the uk, but is entitled to canadian citizenship. I just wondered should i be putting them as dependants on my general application form? I found the notes a little confusing.
> 
> ...


Yes, I believe you need to list them on your application.

You will have to wait until you get your wife's passport back and apply for your daughter's citizenship by descent. You could contact Canada House and ask if it would be ok to submit your application without that and then submit her citizenship proof while your application is being processed.


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## RamonaJune (Apr 11, 2012)

Greetings all, 

I appreciate this topic of conversation & would like to join in - my husband is coming with me to Toronto as soon as we can afford the ticket for him from here, Cape Town, South et Africa. I already have a ticket for July. 

He is hesitant to come on a tourist visa while the spousal application is pending. However if it's as simple as leaving the country I'm hoping we could go to Paris & he could get another tourist visa there - we met there & both have lots of friends there.

But isn't it possible to extend a tourist visa to 6 months? and if so, is it not possible to come with a return ticket for 6 months after the entry date? Or do you have to buy one of those expensive-but-worth-it "flexible" tickets?

Sorry I must sound too confused, we have been filling out too many forms lately... : ) 

More questions are:

Does the "return" ticket have to be back to your country of origin?

How long does it generally take for the application to "show up" online - the website where you can check your status? We sent it in 2 weeks ago with registered mail, confirmed delivery as of 2 weeks ago...I'm sure this requires A LOT of patience...
finally, is it possible to apply for a work permit while you are in the country on a tourist visa?
South Africa is just very far away...

Thank you all so much for this very helpful website!


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## RamonaJune (Apr 11, 2012)

I would also like to explain that I messed up my profile on this site - I am actually Canadian, grew up in Canada, was in France & now have been here in South Africa for over 1 year. Thanks


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## STRIKE (Mar 27, 2012)

Hey Ramona. I can't answer all of your questions, but can help with some. 

I sent my paperwork to the case processing centre in March. Nothing showed up online when i checked over the first few weeks. A month later I got an email saying they'd received it, then a week after that they emailed again to say my wifes application to sponsor had been approved. The paperwork is now back in the Uk to be processed. If you gave an email keep a check on that.

You can apply from within Canada, but the processsing times are longer. If you have already put your application in I think that option would confuse things.

Im leaving for Canada in July regardless & if I dont have my visa through yet im probably going to book a return flight for a few months later. Processing times from the Uk are estimated at 6 months at the moment so hopefully it will be through by then.

I hope thats of some help.


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## thinkering (Apr 24, 2013)

RamonaJune said:


> Greetings all,
> 
> I appreciate this topic of conversation & would like to join in - my husband is coming with me to Toronto as soon as we can afford the ticket for him from here, Cape Town, South et Africa. I already have a ticket for July.
> 
> ...


Ramona,
Does your husband need a visitor visa for an entry attempt at the Canadian border and if yes, does he have one?

Usually, when the spouse Sponsorship is already processing, then the visitor visa application is denied as it is hard to prove it is a temporary visit with a declaration on his immigration record that he intends to stay permanently.

If he is let into Canada, then he can apply for extension of his status, which is (extension and not entry) approved in most family class cases until his PR application has finished processing.

Work permission, difficult to get unless you file for inland sponsorship instead and include an open work permit within your sponsorship application so this application is processed as soon as you are approved as a sponsor. Work permission while in Canada on a visitor visa and overseas sponsorship processing is very difficult as an open sponsorship work permit is not an option in this case, he may need to find an employer with a positive LMO before he can apply for work permission.

Tourist visa, is permission to try enter Canada only, it is not extendable, and should not be confused with visitor permission to be in Canada. The authorization of the length of time he is permitted to stay in Canada is confirmed at the border. The normal length of time issue is up to six months, but can also be days or weeks. In any any event, this status can be extended.

Location of return ticket is not relevant, however if there are no significant ties to home country where he needs to return to for e.g. employment reasons this may affect his eligibility for temporary entry.

Hope that helps, and perhaps call CIC directly to get assistance.


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## thinkering (Apr 24, 2013)

STRIKE said:


> Hey Ramona. I can't answer all of your questions, but can help with some.
> 
> You can apply from within Canada, but the processsing times are longer. If you have already put your application in I think that option would confuse things.
> 
> ...


Processing time for South Africa is currently quoted at 24 months, so for Ramona (inland 14 months) it would be great in case her husband gets a TRV. I'd even consider withdrawing the overseas and re-applying for inland after arriving in Canada to save time and speed up work permission.


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## RamonaJune (Apr 11, 2012)

*Please Help*

Thank you for all your replies.
My wife Ramona has been checking our application status but after 3 weeks no reply. Is there a telephone no we can call? we have been trying this no with no success (From SA) 18882422100. It keeps saying it doesn't exist anymore and does not give an alternative. 

I know that the waiting period for SA is 23 months but does anyone think it might be sooner for us. She has booked a ticket for July to leave for Canada. Does anyone think it not wise to go and get a tourist visa foe myslef in September and try and then extend the visa after being there for 3 months? I dont want to spend unnecessary monies or should I wait longer for them to issue me my spousal visa?

Any sound advise would be appreciated.
Thank you
Marlin


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## thinkering (Apr 24, 2013)

Hint, you cannot call the CIC call centre from outside of Canada, international calls are blocked.

It's unlikely a TRV would be issued (in most cases where a PR is processing for a family member), so definitely apply for the visa and wait for the outcome before making any (expensive) travel plans.


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## RamonaJune (Apr 11, 2012)

Thank you very much for your reply to my question. I have been trying to contact someone at the High Commission here in SA for information on whether I could apply for a TRV visa while my PR is pending but its impossible, to talk to anyone and there is no information anywhere on this on the website or in the guides.


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## clwillia (Jul 27, 2014)

edited because my response was already stated


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