Canadian citizen living in the UK looking to move back with British spouse

[Kanbei]

Hello all,

As the subject says, I'm a Canadian citizen who has been living in the UK for about 10 years. My current position is coming to an end, and I'm planning to apply for jobs back in Canada (as well as in the UK). While living here, I met my British spouse about 5 1/2 years ago, and tied the knot (in Scotland) 2 1/2 years ago, and I would very much like him to move back to Canada with me if I find a job there.

I have several questions about how to go about this, and would very much appreciate some advice!

1. As I understand it, I can only apply to sponsor him from outside Canada if I demonstrate my intent to move back to Canada, which I presumably cannot do until I get a job offer back home. This would then start the clock on the approximately year-long process. Presumably, I'd have to move to Canada to take up the job well before the year is up. Do most people in this situation temporarily live apart from their spouse while waiting, or is there a way to be together, such as him accompanying me as a visitor? Or would he be turned back at the border since this would be a longer-term arrangement and not a short visit?

2. As I understand it, you apply for PR at the same time as for sponsorship, so if everything works out, he'd be able to work without restrictions in Canada. As I understand it, there is an open work visa category that applies to people awaiting the decision on their sponsorship/PR, but this only applies to people who apply from within Canada. Is there any way for someone who applied from outside Canada to get a work permit while awaiting a decision?

3. Alternatively, is it preferable that he move to Canada with me as a visitor and then apply from within Canada? Is this more of an option now that (allegedly, as per the cic website) the wait time for applications within Canada is now 12 months, the same as it is for applications from outside the country?

Many thanks!

 

[spousalsponsee]

1. As I understand it, I can only apply to sponsor him from outside Canada if I demonstrate my intent to move back to Canada, which I presumably cannot do until I get a job offer back home. This would then start the clock on the approximately year-long process. Presumably, I'd have to move to Canada to take up the job well before the year is up. Do most people in this situation temporarily live apart from their spouse while waiting, or is there a way to be together, such as him accompanying me as a visitor? Or would he be turned back at the border since this would be a longer-term arrangement and not a short visit?

Intent to move back doesn't require a job offer. It's often demonstrated with just job applications/registering with realtors/emails to family & friends indicating your plans when you get back. You don't need to already be living there, you just need to show that you plan to, and are trying to.

2. As I understand it, you apply for PR at the same time as for sponsorship, so if everything works out, he'd be able to work without restrictions in Canada. As I understand it, there is an open work visa category that applies to people awaiting the decision on their sponsorship/PR, but this only applies to people who apply from within Canada. Is there any way for someone who applied from outside Canada to get a work permit while awaiting a decision?

Err.... You'd be sponsoring your partner for PR. It's not that you apply 'at the same time' - you're applying for one thing. That. Inland applicants can apply for an open work permit at the same time as you note (to allow them to support themselves while in Canada), but there's no equivalent for outland applicants. If he isn't young enough to get IEC (under 31), he will need a Labour Maket Impact Assessment (3 months and $1k from a business to prove no Canadian can do the job) supported job offer for a work permit

3. Alternatively, is it preferable that he move to Canada with me as a visitor and then apply from within Canada? Is this more of an option now that (allegedly, as per the cic website) the wait time for applications within Canada is now 12 months, the same as it is for applications from outside the country?

Inland would mean he'd qualify for a work permit. It's traditionally much, much slower (2 years instead of 6 months for UK applicants). He'd need to arrive as a visitor (clearly not moving there - not have suitcases, not have his life's possessions, not have CV and references etc) for that. You can also apply outland even if you're in Canada. The processing times currently quoted are the global 12 month target, and bear no relation to what's actually happening (as the new target is only 6 months old - the first real data on the new process will come in December).