just_a_guy_in_canada

Hi there,

I'm working in Canada and looking to become PR. My situation seems increasingly confusing to me in regards to what route I should take though and I'm running out of time. Summary of my details:

• I'm currently in Toronto on a second IEC. I straddled the change in rules, so I was here for 1 year from 2014-2015 and am now on the new 2 year one from 2015-June 2017.
• I live with my Canadian fiancée in her parent's house. We have no shared bills or assets. I've been flying over here back and forth since 2008 in a long distance relationship.
• My fiance only works part-time and only ever has worked part-time. She has no plans to work full-time anytime soon.
• I have 1 year and 3 months of work experience in Canada as a recruiter, but left that job to transition into a new career as a web developer (just started a new permanent job as one)
• My UK University degree is in Accounting, but I decided not to pursue that as my job.
• All my work experience in the UK is not "skilled", although all my experience in Canada is.

I get so confused when looking at the CIC website and trying to figure out my best route. I've always thought it would be spousal sponsorship, but I'm confused now about whether I even can since my fiance isn't in full-time work. I also know because of our lack of proof and not currently being married, it could be difficult.

However, express entry...I don't think my points are high enough due to my lack of skilled work back home. Being a web developer now seems useful, but It'll be 9 months before this job pushes me over the 2 year mark of total work in Canada.

I feel now like I need to see an immigration consultant to discuss my situation. However, I really dont want to be fleeced by someone who wont provide a good service. Does anyone out there have any recommendations of people they dealt with, or good resources in general for finding someone?

Thanks.

-James

Siouxie

You really don't need an Immigration Consultant unless you have health or criminal record issues.

The easiest route for you would be spousal (common-law); there is no minimum income level required for your fiance to sponsor you.

If you have lived together for a minimum of 12 months, you would qualify to apply under common-law; a rental agreement isn't necessary to prove this - a letter from her parents stating that you live there with your fiance 'as if married' will suffice. Do you both have cell phone plans? Are they joint or do you both have the monthly bills delivered to the same address? Do you have a joint bank account? Is your fiance on your benefits at work or do you have her as your named beneficiary on your will? Do you have insurance policies naming each other as beneficiaries? If you haven't already, then do so. All these show that you are in a committed relationship 'as if married', which is what CIC is looking for. You will need to get letters from friends and family notarised, confirming your relationship.

Have a read over the wiki spousal article and the FAQ's - both of which you will find very helpful!

Spousal Sponsorship-Canada : British Expat Wiki
Spousal Sponsorship-Canada/FAQ : British Expat Wiki

For more information about proof of relationship you can also look at the manual by CIC: http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf sections 5:25 to 5:35

You will need these forms for an 'Outland' application (which you can do even if living in Canada as is far quicker than 'Inland'): Application to Sponsor a Member of the Family Class

Hope that helps a little!

just_a_guy_in_canada

Thanks a ton for your reply.

My biggest fear with Spousal sponsorship is something that has been in play for a while - we have virtually 0 pieces of evidence.

-Neither of us have bills coming to the house. My fiance's parents take care of all her stuff and I only have bank statements in the mail.
-We're in a pretty private relationship. To be honest, virtually no one outside of this household has ever met us as a couple. We went to one of her old friend's weddings once together, that's it. She is very, very shy.
-We don't have any joint policies or anything like that.
-I've been living here since May 2014, but I don't have anything that proves that. I also had to go home for a month and a half in May-June 2015.

If we were creating bank accounts and insurance policies simply for the sake of PR, I keep thinking in my head that makes it seem more fake rather than real?

This is why I feel like seeing a consultant would help. I just don't know if we will have enough evidence to do the Spousal Sponsorship route and I don't know how to tell just from looking at the website. Looking down the "scrutiny" section on the britishexpats wiki makes me feel sick with nerves. It makes me feel almost certain we'd fail it just because we're not living like a "traditional" married couple.

Also, question - is applying outland while I live in Canada really legal? It feels like I'd be lying during the application process.

bc2015

Others might be able to comment better, but the 12 month period of living together has to be unbroken. I think 6 weeks of separation might reset the 12 month clock, so you would need to wait until 12 months again to apply for spousal sponsorship.

Siouxie

It's perfectly legal to apply "outland" when residing in Canada. You are a visitor to Canada not a resident of Canada and that is why.

It's not difficult to get the supporting documents together, it's something that many people have to do when they realise what the requirements are. It's not faking anything, if you were to get married next week you would draw up a will, open a joint bank account and take out insurance most likely - so there is no difference. That is what married people (and as a common law partner, it is 'as if married') do.

I would recommend you start getting evidence together - draw up wills naming each other, get a joint bank account, name each other as beneficiaries on insurances etc. As for not having many people outside the family knowing about you, presumably you have friends and family that know you are in a relationship that can sign letters stating it?

CIC want to see the whole picture, they are more likely to see that you have a committed relationship if you can show them evidence. If you are engaged, show details of your wedding plans, cards congratulating you etc. Do you have photos of the two of you together at various times during the years? Copies of emails, birthday or christmas cards, letters, phone bills, air tickets etc showing you have been in contact over the years? It's all evidence.

However, bc2015 is quite correct - if you were apart for 4-6 weeks during the initial 12 months of living together 'as if married' then you will not qualify as common law until you have resided together for 12 consecutive months. Basically that means the clock restarted when you got back from the UK in June 2015. That isn't all together a bad thing as it now gives you the opportunity to start gathering the information and documents that you need to support your application.

You've got time to put in the application (in June/July) and be processed before your IEC runs out - I honestly think this is the easier option for you.

If you wanted to go the "Express Entry" way instead that may be an option but you would need to ascertain your overall points; you can read more about it here: How Express Entry works and Six selection factors – Federal skilled workers

Best of luck whatever you decide - and if you have any more questions, just shout!