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Which is the best option for immigration?

Which is the best option for immigration?

Old Oct 27th 2013, 7:11 pm
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Default Which is the best option for immigration?

Hi there, just wondering if anyone can help me with this? Sorry if it's long I'm trying to provide as much info as possible to make an informed decision.

About 5 years ago my family applied for Canadian permanent residence through family sponsorship as my sister is a Canadian citizen. 5 Years later when all of the paperwork came through everything was accepted and we landed June 2012 as permanent residents.
During the 5 years however I had started an apprenticeship and have been in a relationship for almost 4 years now. I came back from Canada 2 weeks after landing to finish off my apprenticeship and am hoping to move over in November 2014 permanently with my partner. She is a speech and language pathologist which is on the NOC list with around 2 years of work experience and has had her qualifications checked by ACSLPA. We have not taken any steps to apply as of yet (other than getting her qualifications checked) as we have been trying to determine which would be the best route to go down in terms of whether I could perhaps sponsor her or if she would be best getting in on her own merit as a PR. I have been reading about the FSW programme and it has only 5,000 application slots - is it likely that this would this have been filled by now?

If anyone could help me with this I would be grateful - we have been searching forums to try and find someone in a similar position to see what they did but haven't been able to find it so far!

Many thanks in advance,
Luke.

Last edited by lhill8887; Oct 27th 2013 at 7:26 pm.
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Old Oct 28th 2013, 3:48 am
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Default Re: Which is the best option for immigration?

As a PR you can only sponsor her from within Canada. This assumes you have been living together in a husband and wife like relationship for the 12 months prior to sponsorship application or are married.
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Old Oct 28th 2013, 4:04 am
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Default Re: Which is the best option for immigration?

I might be misremembering rules here, but if they qualified as common-law before OP landed, did OP not then have to declare his partner as a dependent? I might have this wrong, though.
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Old Oct 28th 2013, 4:55 am
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Default Re: Which is the best option for immigration?

Hi


Originally Posted by SchnookoLoly
I might be misremembering rules here, but if they qualified as common-law before OP landed, did OP not then have to declare his partner as a dependent? I might have this wrong, though.
Your right. If they were in a Common/law relationship for 1 year prior to his immigration, then it had to be declared. If that is true, then she is not a member of the family class, and can't be sponsored.
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Old Oct 28th 2013, 8:43 am
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Default Re: Which is the best option for immigration?

Originally Posted by Aviator
As a PR you can only sponsor her from within Canada. This assumes you have been living together in a husband and wife like relationship for the 12 months prior to sponsorship application or are married.
Thanks for the replies I appreciate it
When you say sponsor from within Canada, does this mean that I will have to be in full time employment etc. I can't seem to find any of the requirements for me to be a sponsor on the CIC website - i.e. minimum salary etc, other than the 12 months relationship rule.

We are also looking at the option of her applying through a work visa however we aren't sure what route to take though. Do you apply for a temporary work visa then apply for PR once in the country? If so what would happen if your visa expired before your papers for PR came through, would you have to leave the country?

Thanks again.
Luke.
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Old Oct 28th 2013, 8:49 am
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Default Re: Which is the best option for immigration?

Originally Posted by lhill8887
Thanks for the replies I appreciate it
When you say sponsor from within Canada, does this mean that I will have to be in full time employment etc. I can't seem to find any of the requirements for me to be a sponsor on the CIC website - i.e. minimum salary etc, other than the 12 months relationship rule.
There isn't a minimum income requirement for spousal sponsorship, but you'd have to be living in Canada before you could start sponsorship as you're only a PR (a citizen can sponsor from anywhere in the world).

Originally Posted by lhill8887
We are also looking at the option of her applying through a work visa however we aren't sure what route to take though. Do you apply for a temporary work visa then apply for PR once in the country? If so what would happen if your visa expired before your papers for PR came through, would you have to leave the country?
Whether or not she could apply for PR once she's in Canada working on a TWP would depend on her job and the province (although of course she'd also have the option of being sponsored by you once you've lived together for a year, rather than employment based PR). If your visa expired, then you wouldn't normally need to leave the country - she could either apply for a bridging visa (again, dependent on her situation) or just switch to a visitor visa.

As above though, can you just clarify if you've lived together before or not and if so, was it before or after you 'landed'?
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Old Oct 28th 2013, 7:07 pm
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Default Re: Which is the best option for immigration?

Originally Posted by christmasoompa
There isn't a minimum income requirement for spousal sponsorship, but you'd have to be living in Canada before you could start sponsorship as you're only a PR (a citizen can sponsor from anywhere in the world).



Whether or not she could apply for PR once she's in Canada working on a TWP would depend on her job and the province (although of course she'd also have the option of being sponsored by you once you've lived together for a year, rather than employment based PR). If your visa expired, then you wouldn't normally need to leave the country - she could either apply for a bridging visa (again, dependent on her situation) or just switch to a visitor visa.

As above though, can you just clarify if you've lived together before or not and if so, was it before or after you 'landed'?
We have lived together for almost 2 years now. We had lived together for around 6 months before I landed, we are also planning to move to Alberta. Does this make me an eligible sponsor or would me moving over a month early make the 2 consecutive years we've lived together void?

Thanks for all the info, very helpful and is putting our minds at ease a bit. We're going to look into the TWP option a little more tonight and check processing times etc.
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Old Nov 1st 2013, 3:55 pm
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Default Re: Which is the best option for immigration?

Originally Posted by lhill8887
We have lived together for almost 2 years now. We had lived together for around 6 months before I landed, we are also planning to move to Alberta. Does this make me an eligible sponsor or would me moving over a month early make the 2 consecutive years we've lived together void?

Thanks for all the info, very helpful and is putting our minds at ease a bit. We're going to look into the TWP option a little more tonight and check processing times etc.
It sounds like you are eligible to sponsor once in Canada as a PR. If you had became common law before your landing and had not declared it you would have been ineligible and would have misrepresented. Thankfully not the case.

I don't believe your partner would be subject to conditional permanent residence status either since you would have been common law over 2 years by the time you apply (maybe someone can clarify). This route (applying outland) would be by far the quickest and easiest way for your partner to also become a PR.

Your allowed short gaps away from each other without voiding commonlaw status but more than a month would be pushing it. Maybe just move together to be safe. Is your partner under 30 to apply for an IEC as an interim?
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