Immigrating to canada as a spouse

This forum deals with all aspects of immigration to Canada, landed immigrant status, work permits, etc.

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hazel
Posts: 10
Joined: Mon Feb 20, 2006 4:44 pm
Location: Canada

Immigrating to canada as a spouse

Post by hazel » Mon Feb 20, 2006 5:02 pm

I am a British citizen immigrating to Canada to live with my soon to be husband whom is a canadian born citizen. I am coming to Canada in April as a vistor to get married. I have read information on so many sites that it has all become confusing, how am I able to work in canada if my application is approved? Also am I able to work whilst my application is being processed? I was also told that in order to apply under family class for sponsorship as a spouse from within Canada we need to prove hardship? And also that I would need to stay in Canada for 3 years without returning to the uk in that time? :?:

Ron Liberman
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Joined: Sat Oct 30, 2004 4:23 pm
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Post by Ron Liberman » Wed Feb 22, 2006 11:44 am

You seeem to have been severely misinformed on a number of points.

You cannot work until one of the following happens: (a) your inland sponsorship application receives initial approval or (b) your sponsorship application is processed outside Canada and receives final approval or (c) you obtain a work permit in some other way. Also, you should take a look at www.bunac.org to seee if perhaps you qualify for an exchange program.

It is absolutely untrue that you cannot apply for family class sponsorship from within Canada unless you can prove hardship. It is correct that you cannot leave Canada while this application is in process but it should not takre 3 years unless there are some very special and unusual circumstances in your case that we do not know about. It is also possible to apply for overseas processing while you stay in Canada, in which case you can travel to the U.K. if you wish while your application is processed.

hazel
Posts: 10
Joined: Mon Feb 20, 2006 4:44 pm
Location: Canada

Thank you

Post by hazel » Tue Feb 28, 2006 11:37 am

Thank you for the information you gave me. My partner is currently married and going through a divorce which is takeing longer than anticipated as there are 2 children involved. I have been in canada for 5 months and due to leave next week to come back in april. In doing that would it give me another 6 months to stay as i know they go by the last stamp in my passport? and is it legal to do so?

Also how easy would it be for me to study in canada? Would the same rule apply to working? Although I would not be able to return to the uk whilst my application is being processed, does that mean I am unable to leave canada at all? Even for a family holiday etc.

If I applied for processing outside of canada whilst being in canada how does that affect my legal status here? :?

Ron Liberman
Posts: 773
Joined: Sat Oct 30, 2004 4:23 pm
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Post by Ron Liberman » Wed Mar 01, 2006 9:50 pm

Yes, you can leave if you like, and on your return can expect to receive permisison to stay another 6 months. You can also stay and apply for an extension from within Canada before your current permisison expires.

To study, you need a study permit if the duration of the course is more than 6 months, and you must apply for this initial study permit outside Canada.

Yes, with an inland application you are not supposed to leave Canada at all. If you apply for processing outside Canada, that has nothing to do with your status in Canada while the application is processed.

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