Applying from within or from exterior?

[Gavin Andrews]

I'm a Canadian citizen residing in Brazil since 2000. I would like to sponsor my new Brazilian wife (we were officially married last November in Brazil after more than a year-long engagement.) We plan to move to Canada in December, and we're studying 2 options:

1) Applying from here in Brazil... we could potentially get the paperwork together by next month, June 2016. My wife has a new visa in her Brazilian passport, so we could submit the papers here in Brazil in June, and move to Canada in December, to wait for the application process to play out.

2) Apply from within Canada when we land in December.

I understand that if applying from within Canada, she could apply for a work visa at the same time. Theoretically she would be able to start working sooner, but on the down side, the residence process will take longer (an estimated 18 months starting from the date of applying within Canada) compared to an estimated 14 months counted from this June if we were to apply from Brazil. I also understand that it would be unadvisable for her to leave the country, even briefly, as she may be denied re-entry, while waiting for her in-Canada request to process? Would our time in Canada before approval count toward the minimum years of residency for citizenship?

My other main concern is that when we land in December, I would be returning after a long stay in Brazil, and would be looking for work even as we put in the application. On my sponsorship request, I will probably not be able to show proof of employment. Would that impact our application in any way, even though I understand there is no minimum income requirement for spousal immigration? (We have some savings and family to support us while I look for employment.)

What might be other upsides or downsides of each option?

Thanks!

 

[Gavin Andrews]

Re: Applying from within or with?

I guess I should have asked this first: Do I need to apply for approval as a sponsor and have it approved first before my wife can apply for immigration, or can we submit the two applications at the same time, from within Canada?

 

[Riley Haas]

Let me try to answer your questions:

I also understand that it would be unadvisable for her to leave the country, even briefly, as she may be denied re-entry, while waiting for her in-Canada request to process?

That does happen on occasion, but if she has a valid multiple-entry visa, it likely will not.

Would our time in Canada before approval count toward the minimum years of residency for citizenship?

No, currently only days spent in Canada as a permanent resident count towards citizenship.

My other main concern is that when we land in December, I would be returning after a long stay in Brazil, and would be looking for work even as we put in the application. On my sponsorship request, I will probably not be able to show proof of employment. Would that impact our application in any way, even though I understand there is no minimum income requirement for spousal immigration?

It might, but it might not if you have enough money to support yourselves. The real issue is if you apply outland you have to prove you are going to move to Canada, and I don't know that you can do that if you do not have a job in Canada (though if you have property you might be able to).

What might be other upsides or downsides of each option?

I would strongly recommend applying inland in your situation, because I am not sure that your outland application would be approved.

Do I need to apply for approval as a sponsor and have it approved first before my wife can apply for immigration, or can we submit the two applications at the same time, from within Canada?

You submit everything together at once.

Hope this helps!

 

[Gavin Andrews]

Thanks Riley. That really clears things up a lot! I think we'll wait till we land to submit the application.

 

[Riley Haas]

Good luck to you.