marital problems (separation) prior to immigrating

[laysan]

Hi
I've been separated from my husband for the past year. I've been living in Canada with our daughter while he's remained in the UK. Prior to that we were in the UK for ten years together. We've decided to reconcile and he will be joining us in Canada, but I was wondering if the recent marital problems would affect our application. Would the Immigration people check on my marital status with the Revenue office? (on my last tax return I stated that I was separated). Thanks!

Laysan

 

[canadianwoman]

They will know. You have to send in Copy C of your tax return.

You will have to show a lot of evidence that you two have in fact reconciled. Maybe having him come to Canada first and living with you for a while as a visitor would help show this is not a 'reconciliation of convenience'.

 

[laysan]

Thanks for your help. We are actually planning to move back to the UK in August 2011 and waiting until next year (June 2012) to come back to Canada as a family. How well do you think that would come across? Should I wait until we are reunited in the UK to make the application? Do you think we should apply from inland or outland? Which way would be faster for him to start working in Canada? Thanks so much!! (ps. we have been married 10 years and have a daughter).

Laysan

 

[canadianwoman]

Thanks for your help. We are actually planning to move back to the UK in August 2011 and waiting until next year (June 2012) to come back to Canada as a family. How well do you think that would come across? Should I wait until we are reunited in the UK to make the application? Do you think we should apply from inland or outland? Which way would be faster for him to start working in Canada? Thanks so much!! (ps. we have been married 10 years and have a daughter).

If you go back to the UK in August 2011, you can't apply inland then because both the sponsor and the applicant have to be in Canada during the processing of an inland application.
Inland apps take much longer than outland apps through London, so I would advise you to apply outland in any case.
He can come visit you in Canada until August 2011, and then you all as a family can go back to the UK. He won't be able to work during that time, but even if he applied inland it would be too soon to have gotten permission to work.
Definitely wait until you have been reunited in the UK to apply. There is no point in applying too soon, especially in your case where the visa officer might not believe the reconciliation is genuine.
Have him vist until August, then live together in the UK for the next year. I would suggest applying after you have lived together again for at least 6 months. This will show you have really reconciled and that you have a genuine relationship again.
The problem is that even though your relationship lasted 10 years, it ended - so you will have to show proof to the visa officer that the two of you have reconciled and have a genuine realtionship once again. So gather all the evidence you can of the time you and he spend together in Canada and then in the UK.

 

[laysan]

Hello, thanks for your advice. You are certainly very knowledgable! I just have another question. (I think I know the answer already, but I just wanted to be extra sure.) --

If we wait until we have been reunited in the UK for six months before applying, that means applying in Feb 2012, and we were actually hoping to move to Canada in June 2012. If he doesn't get his permanent residency by June, could we still move to Canada in June? (I realise he wouldn't be able to work until his PR comes through).

Thanks again!

 

[canadianwoman]

If we wait until we have been reunited in the UK for six months before applying, that means applying in Feb 2012, and we were actually hoping to move to Canada in June 2012. If he doesn't get his permanent residency by June, could we still move to Canada in June? (I realise he wouldn't be able to work until his PR comes through).

You could apply a bit earlier - plus you can include the time you will have been together in Canada.
If he doesn't have his PR visa by June, you can still all go back to Canada. You can just move back; he can just enter again as a visitor.

 

[laysan]

Thanks again. Just out of curiosity, where did you get all your knowledge of the immigration process? Did you take a course or is it all gleaned from personal experience? I really appreciate you sharing your knowledge with me!

 

[canadianwoman]

Thanks.
Whatever I know comes from personal experience, reading about immigration, and reading the appeal cases on CanLii and Reflex.