Sponsoring a future spouse to come to Canada

[curves2000]

Hi all,

I was wondering if anybody has any experience with bringing a future or current spouse into Canada ?

This isn't a concern for me personally but a close friend of mine who is getting married to an American women in the near future.

I am a little concerned that neither him or her have had proper conversations regarding this from a long term perspective as they are still in a minor battle as to who should move. The plan is for her to leave the US and at least make an attempt at life in Canada as he has the ability (green card) and the desire to move to the US.

I think a combination of their previous experience where she arrived as a visitor, stayed for a few months at a time and worked remotely might be clouding their judgement. It's almost as if they can't decipher the difference between a tourist and a resident. He is a US green card holder so doesn't have that issue.

It's my understanding that someone can stay in Canada for a maximum of 6 months or 180 days in any 12 month period, correct?

Other than hiring an immigration lawyer to have her come legally either via a work permit, a resident permit or some other method, any other options? Any idea about the timelime for something like this?

I want to educate him and her as much as possible before they get into a situation where they realize they may be married to a part time spouse in some ways unless things are done properly.

Thx!

[DoubleK]

There is a show on TLC that will answer all of your questions.

[cam_wmh]

Originally Posted by curves2000

Hi all,

I was wondering if anybody has any experience with bringing a future or current spouse into Canada ?

This isn't a concern for me personally but a close friend of mine who is getting married to an American women in the near future.

I am a little concerned that neither him or her have had proper conversations regarding this from a long term perspective as they are still in a minor battle as to who should move. The plan is for her to leave the US and at least make an attempt at life in Canada as he has the ability (green card) and the desire to move to the US.

I think a combination of their previous experience where she arrived as a visitor, stayed for a few months at a time and worked remotely might be clouding their judgement. It's almost as if they can't decipher the difference between a tourist and a resident. He is a US green card holder so doesn't have that issue.

It's my understanding that someone can stay in Canada for a maximum of 6 months or 180 days in any 12 month period, correct?

Other than hiring an immigration lawyer to have her come legally either via a work permit, a resident permit or some other method, any other options? Any idea about the timelime for something like this?

I want to educate him and her as much as possible before they get into a situation where they realize they may be married to a part time spouse in some ways unless things are done properly.

Thx!

How many is he marrying?

[bc-chris]

ok - so i'm sure i'll get something wrong here becuz this happened a long time ago - but a friend of mine (she's canadian) married an american guy 25 or so years ago. they were worried about this same issue.
they found out that if they were married in both countries within a certain window of time (48 hours i think?!?!?!) then the 6 month thing didn't effect them.
they got married late morning on a saturday in kelowna with an afternoon reception and then headed to a hotel by the airport. took the first flight of the morning to vegas (i think they went kelowna - vancouver - vegas) and then got married again in vegas on the sunday afternoon.
again - this was over 25 years ago - so who knows if things have changed since then. but it's something to look into.

[Weitz]

Get legal advice and follow it. If you lie or stretch the truth when you come over it can affect your residency in the future.

She can’t come here to work remotely without a work visa. Legally anyway.

[tvp2003]

It’s been awhile since I’ve looked at the rules but you can see the most up to date info and processes on the IRCC website: https://www.canada.ca/en/immigration...-children.html

One thing they’ll want to consider is whether she is going to apply from within Canada, or outside Canada. The benefit of the former is that if she is (legally) in Canada when she applies, she can remain in Canada (ie even after her six month visitor status expires) while she awaits approval (it is currently taking 16 months).

As for working, she would normally need a work permit in order to work while she’s in Canada. However, if she’s working remotely in Canada for a US employer and is being paid by that US employer, I’m not sure if she needs a work permit (something worth confirming to be sure).

[curves2000]

Sorry I should have clarified, she isn't or wasn't working illegally while she was visiting Canada. She was working for her US based employed remotely via the phone and computer and was able to stay for weeks and a few months at a time, all legally.

I think where the confusion from THEIR perspective is, what will happen when they start to live together full time. As a visitor to Canada, you just can't stay in Canada without starting a process at some point and going through the process. You can only stay for so long before you legally have to leave.

I have cautioned him on making sure they follow everything because of the risk of ever not having the ability for her to come back in the small chance something happens.

[Mickey76]

I married an American in 2007 and we did the application(an in Canada application) ourselves and it wasn’t too difficult (we never felt we needed legal advice just followed the website.) However if they don’t know where they are going to live I think they could have trouble. Just because the maximum you are allowed to stay in Canada for 6 months doesn’t mean they have to let you in for 6 months. If you show up at the border together newly married and say “we are going to live in Canada for 6 months and see if we like it” I wouldn’t be surprised if they weren’t let it. They are going to assume you are working illegally.

[Weitz]

Originally Posted by curves2000

Sorry I should have clarified, she isn't or wasn't working illegally while she was visiting Canada. She was working for her US based employed remotely via the phone and computer and was able to stay for weeks and a few months at a time, all legally.

I think where the confusion from THEIR perspective is, what will happen when they start to live together full time. As a visitor to Canada, you just can't stay in Canada without starting a process at some point and going through the process. You can only stay for so long before you legally have to leave.

I have cautioned him on making sure they follow everything because of the risk of ever not having the ability for her to come back in the small chance something happens.

Was she working remotely while visiting? Did she have a work visa? Your first paragraph doesn’t really make sense.

[curves2000]

Originally Posted by Weitz

Was she working remotely while visiting? Did she have a work visa? Your first paragraph doesn’t really make sense.

She was working remotely while visiting, like a whole host of people throughout Covid. No work permit but would that really be need during this period of time during Covid? Didn't need to be in the office so traveled all over and she came to Calgary to visit her fiancé. Emails and zoom meeting for a US based employed where she previously was in the office in the US. Technically nothing to do with Canada but took advantage of the newly found freedom like almost everybody with remote work during Covid.

[Huntingwhale]

Hey OP, I literally did this with my wife last year. We got approved for our sponsorship/PR application a few months ago and we moving back to Canada next month. I am familiar with the process from start to finish, both inland and outland applications. Regardless of their country of origin, the process is pretty much the same across the board.

I would not recommend hiring an immigration attorney unless there are significant obstacles that require a lawyer's advice, such as criminal records, previous entry bans, custody arrangements, etc. It looks daunting at first, but believe me it's very doable for any computer literate person to handle it themselves.

Feel free to PM me if you want some more advice. This process was my life all last year, so it's still fresh in my mind.

[curves2000]

Originally Posted by Huntingwhale

Hey OP, I literally did this with my wife last year. We got approved for our sponsorship/PR application a few months ago and we moving back to Canada next month. I am familiar with the process from start to finish, both inland and outland applications. Regardless of their country of origin, the process is pretty much the same across the board.

I would not recommend hiring an immigration attorney unless there are significant obstacles that require a lawyer's advice, such as criminal records, previous entry bans, custody arrangements, etc. It looks daunting at first, but believe me it's very doable for any computer literate person to handle it themselves.

Feel free to PM me if you want some more advice. This process was my life all last year, so it's still fresh in my mind.

Thanks for this! I will pass along the advice to my buddy. As for your assistance, after everything you have been through with the family and your stress level, enjoy your time with her and the move to Canada. Thanks for the offer and I'll reach out if any mission critical things come along.

Thanks again!

[EldrickOnIce]

Originally Posted by Weitz

Get legal advice and follow it...

^Correct answer