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I’m Canadian, he’s Russian, we got married in South Africa and we are now in Ecuador. We’re lost.

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Canadian Immigration

This is complicated … Good day,

I’m a Canadian Citizen (42) traveling abroad. I left Canada on 17 May 2011 to go to South Africa. I stayed there for 6 months on a tourist visa. During that time, I got married (I know that Canada recognize South African marriages). My husband (21), who has a Russian passport, had been living in South Africa for 10 years on a work visa with his father (so, lived there half his life). In November 2011, we decided to go to Ecuador for vacation.

We’ve been in Ecuador (Cuenca) since November 10, 2011 on tourist visas. Our visas expire on 10 February 2012 (we can possibly extend this for another 3 months). I now want to go back to Canada with my husband and establish ourselves there permanently. We’re not sure how to proceed from here. We want to get back to Canada and ask for permanent residency for him. But we’re not sure how to get back (to Canada).

What type of visa must he apply for, for entry in Canada since we want him to be a permanent resident?

Do we ask for a tourist visa and then, once in Canada, proceed with the permanent residency?

Or, do we have to start the permanent residency right away?

Can we do this from Ecuador or do we have to get back to South Africa and start the process there since he has temporary residency over there?

Sigh, this is very complicated, as you can see, and we don’t know where to look nor what to do.

Please help! Thanks

Stranded in Ecuador,

1 Answers

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    Hi Andrea! I understand how much you want your husband to live with you when you are back in Canada. Hope all is well.

    Your husband’s visitor visa application may not be succesful as this type of visitor visa is only intended for travelers who are staying in Canada for a certain period of time, and who have an intention of leaving the country once the period to stay expires. The concept of a tourist visa may be defeated if the immigration officer reviewing the file does not believe that your husband will leave at the end of the authorized period of stay. In order to be successful, you really need to convince the immigration officer that your husband has the dual intent. It might be a good idea in your situation that you consult with an immigration lawyer to carefully prepare your husband’ visitor visa application.

    With respect to your husband’s permanent residence application, you may file your application for spousal sponsorship for your husband. You could file the application while your husband is in Canada on a valid visitor visa (inland) or you could also file the application while your husband is outside Canada (overseas). Usually, the processing time for an inland application is longer than an overseas application.

    Feel free to go over our website. We have multiple blogs to guide you.

    Jenny B. - May 30, 2012 | Reply

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