General inquiries

[annika]

help please! after reasearching and reading for several hours, it seems the fastest way to get my boyfriend in from the UK to ontario is express entry. I basically am just looking for confirmation or an opinion if you agree with express entry as the best choice...he has two skilled trades- pipe fitting gas and water, at least 7 years working experience, he is 24 and we plan on getting married. again he is immigrating from England... wed like this to happen as quick as possible....we are going to book his celpap or whatever English test in Toronto and he is coming to write it in august, and then I believe we get a code and apply after that first step.... would provincial nominee be a better bet? any advice would be greatly appreciated

 

[Riley Haas]

If you live in Toronto, PNP is not a great option, as Ontario is not a super easy route for most people (though they have launched their own Express Entry now, and it can help your boyfriend get points). It sounds like he's an ideal candidate for the skilled trades stream of Express Entry. Express Entry should take six months from the time he gets an invitation. (The invitation will depend on lots of things, such as whether or not he has a job offer or PNP, but he'll get a lot of points from his experience and age and profession.) Sponsorship will take two years if you do it inland, so it's definitely better to do EE.
Check out this breakdown of the points system: http://www.immigroup.com/news/express-entrys-comprehensive-rating-system
Here's information about Ontario's new Express Entry: http://www.immigroup.com/news/ontario-gets-express-entry
Hope this helps.

 

[Pheonix]

Hi Riley,

I have a few inquiries that go along with this. My fiance applied for the Express Entry April 20th and recently got an email from CIC to send along the last few things they need (photocopy of passport and specific photos for his PR card) and a few questions came up for us. We are in Canada and have a Canadian address that the CIC would send the PR card to. If it matters, he is a Dutch citizen and I am a US citizen.

1) We would like to travel over the holidays and visit our families, both in US and the Netherlands. Do you think this would have a negative effect on his case? Maybe the final stages won't be complete by the time we come back and they'd give him a hard time at the border (on Nov. 26th his visitor visa expires). Supposedly, the six month processing time for EE is 6 months, so he would know by Oct. 20th. We just wonder if it takes them longer to give the official "yes" or "no", if he's trying to come back to CA in January without the PR, if any issues could stem from that that we can't foresee.

2) Through the EE, he would get confirmation that he's a PR (via email, I assume?) way before getting the PR card, is that correct? When I look at the processing time for the card itself, they say 41 calendar days as of now. But he could have a confirmation from them without the card and therefore that would solve the traveling in and out issues, perhaps?

3) After (and if) he gets his PR, we plan on me possibly being sponsored. You say inland sponsorship takes 2 years, roughly (I read somewhere 16 months). Would you say that after I apply, traveling outside CA is not advised? I've read that if I apply inland, I can legally stay in CA for the duration of the processing time, correct? But if I want to visit family in the US, I just know the border control is extremely strict (with treating everyone as a possible terrorist, etc.), so would I have the right to do so and come back to CA (given that I'm following all laws in regard to traveling here, of course)? Or would it be valid to say that I've overstayed my visitor visa (6 months for US) and deny me entry, or would I be under protection of the fact that I've sent through an application while in CA?

Genuinely sorry for so many inquiries. They make the process quite complicated, it's very exhausting. Thanks loads for any help you can give.

 

[Riley Haas]

Hi,
Let me try to answer your questions:
[list type=decimal]
[*]Yes, if it takes two months longer than expected, it could create problems. Because your fiance is Dutch, he should be okay, as Dutch citizens do not normally need visas to travel to Canada. However, it all depends on the officer and the questions he or she asks you. One precaution would be to bring a copy of the application with you (if you have one) to present it, just in case they think about denying him entry because he is not yet a PR.
[*]Yes, this is true. It takes 6-8 weeks for the PR Card. Traveling without a PR Card is problematic. They might make your fiance apply for a one-time Permanent Resident Travel Document (at the nearest consulate in the US) or they might let him in. Definitely bring the confirmation if you have it by the time you travel.
[*]Inland sponsorship currently takes about 26 months, not 16: http://www.cic.gc.ca/english/information/times/perm-fc.asp People are able to travel during inland, especially Americans like you (though the rules are supposedly for all, Americans are definitely in a more privileged position than others) but we don't recommend it. Some proof of your inland sponsorship application is a good idea.
[/list]
I can't help but wonder about your own status in Canada. Are you just on a six month entry? Because you are liable to encounter problems similar to your husband if you are both being questioned at the border about your status/intent in Canada.

I hope I was helpful.

 

[Pheonix]

Thanks for all of those clarifications. We?ll definitely bring proof as we travel (if we decide to). I?ve been here since July 22nd as a visitor. We plan on traveling by plane if we visit for the holidays and thought it would be better if we are separate when being questioned as our cases are quite different. But if he gets his PR by the time we go, would me being with him (on our way back in to CA) be cause for issue? We?re going by all the rules, as far as I know, and will do the proper sponsorship if things work out. We?re both drawn to Canada because we have several very good mutual friends here. If the PR goes through, his job will be transferred to a Canadian office with no issues. It seems as if the process is in the final stages as they just asked for the address where they can send his PR card to, for photos and all that. But we just don?t know how long it will take from here. I guess it?s up to them.

Or we simply let the CA border agents know our situation and that I?ll be applying for sponsorship soon. In our case, does this bring up red flags? That?s as transparent as our situation is. We like Canada. We?d like to live here. We?re trying to go by the system. I can?t understand why all the hassle or possibly being denied. I think I?ve read one too many personal stories of people not being let in arbitrarily and it?s gotten to my head Maybe even having the Nexus card would help, as someone considered low-risk and visiting friends back and forth often? I read several reviews, apparently it's great.

Our greatest issue, I believe, is my stay here. Maybe I?m staying too long for their liking (but not more than 6mnths). Maybe we should spend more time outside of CA and come back near springtime instead of January. That?s a worst case scenario though, as it creates a lot of inconveniences for work. Anyway, our case is unique I think since neither of us are CA citizens and are trying to live here. Not easy! I wonder if you?d suggest a one-time consultation for us, if that?s offered? We?re close to Toronto.

 

[Riley Haas]

Well...
First off, don't go through customs separately. They hate that. (They get suspicious.) If they find out, you will have more issues than if you behave normally.
It sounds like he'll probably have his PR Card, so then it's you that will be in the position of maybe not being allowed entry.
So, you are correct: telling the CBSA officer that he is sponsoring you is the right thing to do. Not only are you being honest (which is good and always the thing to do at the border) but CBSA is supposed to let in fiances/spouses/partners for the purposes of sponsorship. So you're safer doing that, than going separately and pretending nothing is happening.
Your stay will only raise eyebrows when/if you regularly come for 6 months at a time and do that repeatedly without any obvious reason.

 

[Pheonix]

Okay, good to know. We feel more comfortable that way, being upfront as there shouldn't be anything to hide; our worry was being separated.

This is an excerpt from the e-mail he received:
The processing of your application for permanent residence in Canada is almost complete. You must complete the following steps within 30 days in order for our office to issue your Confirmation of Permanent Residence and if applicable, permanent residence visa. If for any reason you are not able to meet this deadline, please inform us immediately by email and include the details of your situation.

His visitor visa expires Nov. 27th, as I mentioned, and we've planned to leave the country a few days before that. We just got a confirmation that after sending them the final documents they need from him, he will get the confirmation document (in mail) by Nov. 25th. They said: "Once we receive your documents we will issue the Confirmation of Permanent Residence (CoPR). After you land (at an international airport or a local CIC office) and become a permanent resident, your PR card will be sent to your Canadian address later by another CIC office."

From my understanding, this means he will be traveling without a PR card back into Canada. That's simply his option with these circumstances. Unless I'm still confused, I don't think the issues with traveling without a PR card or getting the PR Travel Documents are applicable here.

 

[Pheonix]

Also, this is where I got the impression that it takes 16 months (although I was off with that number, but I didn't consider 26 months as you said):

www.immigroup.com/news/work-or-study-canada-while-you-wait-your-sponsorship-application-be-approved

It's in the first paragraph. Perhaps this was the case in 2013 and now the wait time is much longer?

 

[Riley Haas]

Hi again.
Yes, he does have to "flagpole" as they call it. This is an annoying procedure where the new Permanent Resident already in Canada has to "land" in Canada. I was forgetting about this when I responded to you previously. (I have never done it myself!) Basically, he has to leave the country and come back. Most people just drive to the border, cross over to the US, get an administrative denial (and usually, some complaining) from the US CBP and then return to Canada and "land." In your situation, he will actually leave, which is also fine (and less annoying for all involved).
(I thought we had an article on flagpoling, but I cannot find it right now, sorry.)

I have updated the error (or out of date information) in that article, thanks.

 

[Pheonix]

Great, thanks for confirming that!

From this last part of what they said: "After you land and become a permanent resident, your PR card will be sent to your Canadian address later by another CIC office," does that mean it's an automated process getting his PR card after his application is final and he has "flagpoled" as you say? Or does he have to go through a separate process for that? It seems to me it's automated but I also saw online that it costs $75 for it, so I wonder. Maybe with EE it's different.

 

[Riley Haas]

Where did you get the $75 from? I just checked with one of our consultants and there is no fee for flagpoling. So I'm confused. If you found the fee on CIC, what is it for specifically?

When you do travel outside of the country, you are going to the US, right? Does your fiance have his ESTA?

 

[Pheonix]

I am so thankful you asked that. We would have forgotten about the ESTA! We usually drive over and don't need it, but we are flying this time. Saved us

Sorry, I can't find now where I read that. The $75 was referring to the PR card, but that might've been if it's a replacement or an urgent order. I found my answer on CIC though, about if he needs to do anything to obtain a PR card after landing as a resident. They say: "If you are immigrating to Canada, you do not need to apply for a permanent resident card (PR card). We will mail your card to you after you get to Canada." (http://www.cic.gc.ca/english/information/pr-card/apply-how.asp) I was just confused as to why they had a "apply for a PR card" section on there and wondered if further action on our side is needed. Maybe that's for people that apply in-land or something...because why is there an option to apply when it is sent to you after you get to CA. (Aside from needing a renewal or replacement, which also have a designated process.)

If I find that link at another time, I'll post it on here.

 

[Riley Haas]

Yes, he needs an ESTA for sure. Good thing that it is easy an cheap.

There is a ton of confusion about PR Cards. Maybe they put that up there to avoid confusion, but only created more (the government is good for that).

Basically, you get your PR Card mailed to you when you "land." But lots of people think they have to apply for it separately. Also, some due, as sometimes they get lost in the mail.

Riley

 

[Pheonix]

I see. I guess they cover all their bases.

Thanks a lot Riley for all your help. It's really made our lives easier with this and it's definitely much appreciated!

 

[Riley Haas]

*do

Good luck!