jaluna25

Can I just say after dallying with canadian immigration for 6 months, I have never felt as close to craziness in my life. Seriously I'm actually close to going to the doctor to get some help i have never ever been so stressed, i can't remember the last time I slept.. Surely this must be the most insane, hardest immigration system in the world.

Due to my own misfortune (!) I fell in love with a canadian man on a working holiday visa in northern ireland. He is all out of visas for here so he has gone back for four moths now while I'm trying to sort out a visa for over there.

We wanted the common law visa. Have been living togther a year. Said we don't qualify as we don't have enough evidence.

I looked into skilled worker visa. I don't qualify.

We looked at me going over there on a holiday visa and then getting married and applying for my pr. We were told not to do this as immigration would look on you as if you had lied if you go over on a holiday visa and dont declare you are getting married. (?????) At the same time we were ALSO told NOT to tell them as this would be a bad idea and they mightnt let you in!!


I then looked into him coming over here to get married. They said he would have to apply for a special fiancee visa which requires proof of a wedding. They then told that a booking of a registry office doesnt count as proof. I said what does and they wouldnt give me a straight answer.

I looked into getting a one year wokrking visa to canada. and THEN getting married, which seems to be the best and only option left to me. However I will need to work in Canada, and I will need to be able to drive. I was told my northern ireland driving licence doesn't count for anything in canada as it is from a different licencing authority to the rest of the UK. Cue me screaming with frustration.

I then found out that where I am going (B.C) requires everyone to resit their driving test again anyway, so i resigned myself to do my driving test again. HOWEVER they told me i CANNOT do my driving test straight away over there. As I have not had my licence two years, I will have to go to he beginning of their THREE YEAR driving programme. I seriously cried when i heard this, i just thought - it's obstacle after obstacle. I mean do they want me to wait here until I have been two years seperated from him? Every job that I have looked at requires a 'full B.C. licence'. It just looks like I am going to be forced into lieing to jobs and i say i have this licence. (Hopefully they wont ask to see it), while im still on a learner licence over there.It is that or not be together at all.

I really cant believe the whole process. Why cant they just let people be together!!!!!

Paul Wildy

Okay, first things first. Forget about the driving license bit for now - that's secondary to getting a visa that allows you to live together legally if you ask me. You can worry about that bit later.

Who is telling you these things? Are you talking to CIC or the Canadian High Commission directly? Or are you using a consultant/lawyer?

If you have lived together for over 12 months as common-law partners then your OH should be able to sponsor you as a common-law partner. Are you saying you already did this and the application was refused?

If so (and it was a Family Class sponsorship application) then your Canadian partner had the right to appeal the decision to the Immigration Appeal Division within 30 days of the decision. Did these 30 days already elapse?

If you have missed the right to appeal or decide not to go this route you could apply again with more evidence this time. Proving a common-law relationship needs a fair bit of evidence.

There is no reason why you cannot go to Canada on a visitor visa and get married while you are there. If you are asked why you are entering Canada you would simply tell them thats the reason. Obviously you would have to be willing to leave Canada by the end of the visitor visa (married to a Canadian or not) to satisfy the visa officer that it is genuinely a temporary entry. But it is possible to extend a visitor visa so you can stay longer while you are waiting for your Sponsorship application to be processed.

jaluna25

Hi yes I was talking to the CIC, and they told me not to go for the common law visa as I dont have enough evidence. No joint bank account, rent agreement, wills or anything. I mean how are you meant to think of these things when you start going out with some-one? We have letters addressed to us at the same address but they said that wouldnt be enough.

Thanks for the advice about getting married on a visitor visa. This was not officially said to me not to do, that was said to me people I know who have done it before and said immigration looked down on them for lying for not declaring the wedding on the way in and they were still fighting for PR. Its because if I was going over there on a tourist visa and got married i would be looking to extend my stay, (applying for spousal visa straight away) I couldnt just come back after the six months as my job would be gone you know! So its like you cant get married over there on a visitor visa when you cant prove you're planning to leave at the end of the six months.

Atlantic Xpat

Common-law is all about building up a weight of evidence that your lifes are intertwined and that you have realistic plans for the two of you when you move to Canada. I was sponsored by my then common-law partner. We did not have joint bank accounts, nor did we have a joint rental agreement. What we did do is get a will naming each other as primary beneficiaries (using a 10 quid will kit from WH Smith), narratives on how we met and our relationship developed, narratives on vacations we took together complete with photo's and afadavits from friends and family stating that they had seen us living as common law partners. Essentially you are proving to CIC that you are sleeping together! We rounded off the package with proof of intentions when we returned to Canada. For the Mrs this was acceptance into University to continue her studies, for me it was a statement that I was going to try and get a job when I moved over.

It sounds, from your post, that your submission on common-law status was not comprehensive enough to convince the IO that you are genuine. I don't know whether it is too late to appeal that descision but if you can then you need to build up the weight of evidence that I have illustrated.

AX

Paul Wildy

The things they mention are generally required to prove a Common-law partnership. It may be possible to make a case without some of them but I would say you would need professional help with this. So from what you say you havent actually applied for anything yet?

If you can get a work exchange visa (like BUNAC) I would say this would be a good way to go. This would allow you to live together in Canada for a year and for you to work in the meantime. Note that with most of these types of visas you are not eligible if you have a Canadian spouse or common-law partner so you would have to be careful there.

Once in Canada you could live together for a year (documenting your relationship carefully this time) or get married and then submit a sponsorship application.

jaluna25

Hi yes I have started the first stage of application for the working holiday visa. Just waiting to hear back. I know you can't have a partner in canada for the bunac so I am just planning on not telling them, and hoping it doesn't come up later!. I wonder why that is though? Thanks for the bit of calm thought, it wa just all getting on top of me today, so thanks for the replies! And believe me I will document everything we ever do this time!

BristolUK

When our relationship got to the point we decided we wanted to be living together, my (now) Canadian wife was Canada resident and I was UK resident.

A life in Canada was far more practical than the UK so that was the aim. It was then about how to meet conditions. I didn't have a hope in hell of any route other than sponsorship and there was no meaningful period of living together that would have helped.

So we decided to get married. I entered Canada several times as a 'visitor' prior to and for the wedding with no problems. The last time I entered was "to visit my wife and apply for sponsorship/PR" and none of this presented a problem even though getting married less than a year after meeting might look unusual.

You are now allowed to remain in Canada while sponsorship/PR applications are underway. It's quicker to apply externally but then you're not together while they are processing the applications.

In 'married' cases the sponsor does not have to meet income conditions.

CIC might be suspicious but I believe they have to show grounds to think it's a marriage of convenience as well as have a case to think you won't be living together. Your previous evidence may not have been enough to have satisfied them under a different set of rules but it ought to be enough to show a marriage was genuine and a natural stage of your relationship.

ExKiwilass

What about a fiancee visa?

I agree with the poster who said you need to give them a narrative about your relationship. I came to canada on a fiancee visa (though, by that stage we had married). I had everything in my application to CIC. Photos. Emails. Stories about trips we took together. Phone bills (we were in a long distance relationship - me in Australia/NZ him in Canada - you should do the same for your relationship now he's back in canada). Information relating to the wedding arrangements, pictures of dress, bills related to dress etc. Pictures of engagement ring, etc. etc. Everything to emphasize that the relationship was genuine.

I'm surprised more people don't go this route to be honest. OH had a connection high up in CIC in BC who reccomended this route. It does take a while (9 months, roughly, until I was approved through the Sydney office) but I could work as soon as I arrived in Canada and was granted landed immigrant status which has made everything very easy every since. I've heard stories about people getting in on visitor's etc. and then having a bitch of a time to try and get PR/prove the relationship is genuine.

Good luck!

PMM

Hi


There are no fiance/e visas.

ExKiwilass

Ah, not now I see. There definitely was when I came over, guess they changed it.

Still, for proving relationship, it's still document everything.

Paul Wildy

You still have to have status of some kind - either a temporary work permit or visitor visa - otherwise you risk being deported.

There was a chnage to the rules a couple of years ago so that in cases on Spouse/Common-law In Canada Sponsorship a sponsored person without status (visa expired etc) could still be sponsored - thats probably what you're referring to? But unfortunately that still doesnt mean they cant be asked to leave.

BristolUK

I came in on the usual visitor visa and had it extended for six months. It then expired before the sponsorship/PR application was decided and I did not renew it.

CIC made a number of errors on the application. They also suggested I renewed the visitor visa. At that point I was despairing of them ever getting anything right so, to play safe, I did apply for renewal but I enclosed a letter stating I believed the renewal wasn't necessary as sponsoship/PR was pending. They agreed and refunded the visa renewal application fee.

In theory there is a chance of having to leave, but there is that chance as a visitor anyway, so it's not like there's increased risk.

lins and Stef McLachlan

Hi
Just to add my 'penny worth' I really do feel for your situation. I would apply to DVLA for a British Licence....our friends had similar consequences with their Guernsey Licence....had no trouble changing it....so get in touch with DVLA and get that side sorted out...or you will have problems even hiring a car over in Canada.

Can't advise on your other issues....but surely you wouldn't be the first person to go and get married in Canada.......although they won't like it....as long as you are able to provide proof of a bona fide relationship....what can they do to you.....once the deed has been done. I would get in touch with an immigration Lawyer....some will let you have limited 'free' advice.

Good luck with everything
lol
Stef and Lins

Elaine B.

I came to Canada as a visitor then after a few months, married my Canadian OH then applied for PR. I just extended my visitor VISA a few times to cover the processing time the only problem being it was a good while before I could work legally.

JAJ

You need to live in England, Scotland or Wales to get a DVLA licence.

What on earth makes you say that? Foreign licences are recognised for certain purposes in Canada (eg for visitors and temporarily for new residents), although it may sometimes help to have an international driving permit alongside it.