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Best way to approach spousal sponsorship

Best way to approach spousal sponsorship

Old Mar 7th 2017, 12:07 am
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Question Best way to approach spousal sponsorship

Hi guys,

I am looking to move to Canada (again, lol), specifically to Alberta, Edmonton area.

I appreciate your help, so I will keep it brief with bullet pointed details.
  • I am 23 years old
  • I have lived in Canada before on a 2 year IEC visa [2013-2015]
  • I applied, but was too late for the CEC (they moved to EE while my application was in transit
  • I have now been in the UK since July 2015
  • I work in Network Engineering with 6 years experience
  • British nationally, fluent english etc
  • I have been in a relationship with a Canadian girl, aged 20 since July 2016
  • We have never lived together, and have met up once in Canada and once in the UK
  • We are willing to go down the marriage path later this year if necessary
  • I have my IELTS, got all 9's
  • No criminal records or anything like that

How can we go about doing this with spousal/common law sponsorship?

I am toying with the idea of flying there in November, getting married, and staying there. If I do this, how soon can I work?

Any advice on how I can go about this?

You guys are super appreciated as always

Josh
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Old Mar 7th 2017, 12:15 am
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Default Re: Best way to approach spousal sponsorship

If you haven't co-habitated for over 12 months then common law is off the table.

So that leaves marriage unless you can get PR status via the other routes if you just want to remain in Canada permanently.

The quickest way to start working if no PR route is the INLAND spousal sponsorship if eligible for the pilot work permit.

Read the wiki link on the pros and cons of Inland V Outland spousal sponsorship applications.
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Old Mar 7th 2017, 12:19 am
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Default Re: Best way to approach spousal sponsorship

Originally Posted by Former Lancastrian
If you haven't co-habitated for over 12 months then common law is off the table.

So that leaves marriage unless you can get PR status via the other routes if you just want to remain in Canada permanently.

The quickest way to start working if no PR route is the INLAND spousal sponsorship if eligible for the pilot work permit.

Read the wiki link on the pros and cons of Inland V Outland spousal sponsorship applications.
Thanks - just going through that now.

By the sounds of it, a speculative timeline like this would seem feasible:
  • Fly one-way to Edmonton in November
  • Get married more or less immediately
  • Apply for spousal sponsorship and the work permit concurrently
  • By ~March 2018 I would be able to begin employment on my work permit
  • By November 2018 become a Permanent Resident

Is that correct?
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Old Mar 7th 2017, 12:20 am
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Default Re: Best way to approach spousal sponsorship

What do you score on the CRS for EE? Is a job offer and LMIA a potential option, or do you not think that's possible?

If neither of the above are likely, then sounds like marriage it is! You shouldn't try and enter Canada and stay though, chances are you'll be sent back as you can't try to live in Canada without a valid visa. So go, get married, and then return to the UK for the first stage of processing would be the least risky way I'd recommend. If you turn up on a one way ticket, with no ties to the UK and tell the border officer you're planning on staying when you've not even applied for a visa, you'll be on the next plane home again!

Once you've got Sponsor Approval (only takes a few weeks to get after sending off the application), you can then enter Canada under 'Dual Intent' - see the FAQ on Spousal applications for more info.

HTH and congrats in advance!

Last edited by christmasoompa; Mar 7th 2017 at 12:23 am.
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Old Mar 7th 2017, 12:24 am
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Default Re: Best way to approach spousal sponsorship

Originally Posted by christmasoompa
What do you score on the CRS for EE? Is a job offer and LMIA a potential option, or do you not think that's possible?
Unfortunately only 299 - I made a post last year about going via that method, and the prospect was very dim LMIA is unlikely, although I am a qualified Network Engineer, so are many other people in Edmonton.


Originally Posted by christmasoompa
If neither of the above are likely, then sounds like marriage it is! You shouldn't try and enter Canada and stay though, chances are you'll be sent back as you can't try to live in Canada without a valid visa. So go, get married, and then return to the UK for your visa processing would be the least risky way I'd recommend.

Once you've got Sponsor Approval (only takes a few weeks to get after sending off the application), you can then enter Canada under 'Dual Intent' - see the FAQ on Spousal applications for more info.
Interesting, wasn't familiar with this "Dual Intent" thing, I will read into it.

Are you saying its a bad idea to go with my speculative timeline posted above? Is there a real risk of me being denied entry on a one-way ticket if I outline my plan?

Originally Posted by christmasoompa
HTH and congrats in advance!
Thanks so much - you don't remember me I am sure but you've helped me out tons over the last few years.
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Old Mar 7th 2017, 12:30 am
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Default Re: Best way to approach spousal sponsorship

Originally Posted by acrylicus
Unfortunately only 299 - I made a post last year about going via that method, and the prospect was very dim LMIA is unlikely, although I am a qualified Network Engineer, so are many other people in Edmonton.
Have you double checked your points again? The points system changed at the end of last year, plus the points requirement has dropped a bit, so you never know........

Originally Posted by acrylicus
Are you saying its a bad idea to go with my speculative timeline posted above? Is there a real risk of me being denied entry on a one-way ticket if I outline my plan?
Look at it from a border officer's point of view - you rock up asking for entry as a visitor and supposedly only staying for up to six months, but then you only have a one way ticket, no ties to the UK (presumably), lots of your worldly possessions (again, presumably) and a Canadian gf. It will look like you're planning on staying in Canada when you're only supposed to be a visitor - which would be correct! I wouldn't risk it myself, particularly if you've got a wedding planned and things that have been paid for or booked.

Far better to go and get married (that's fine as a visitor) and then return to the UK for a couple of months until you get SA. Have a look at the FAQ mentioned above and it gives you info on all of this.

Originally Posted by acrylicus
Thanks so much - you don't remember me I am sure but you've helped me out tons over the last few years.
You're very welcome. Shall I get my hat then.....wedding invite in the post right?!
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Old Mar 7th 2017, 1:11 am
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Default Re: Best way to approach spousal sponsorship

Originally Posted by acrylicus
Hi guys,

How can we go about doing this with spousal/common law sponsorship?
The mechanics have been covered - you'd need to live together for a year to be common-law, the issues with arriving for marriage with a 1 way ticket, etc - I'll just add a blink, and a thoroughly boring grown-up cold-water splash that you've been together in an online relationship for 7 months, have met twice, and never lived together. I hope if you go through with all this that you have a long and happy future together... a lot of people would think that's a very low bar before committing to marriage.

(I'm aware that you came for immigration advice, and this is lifestyle commentary, some people have happy arranged marriages where they never met, etc. Just... seen enough people realise the person they moved in with wasn't really the person they were talking to 6 hours a day - without the stress of moving continents).
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Old Mar 7th 2017, 10:00 am
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Default Re: Best way to approach spousal sponsorship

Originally Posted by christmasoompa
What do you score on the CRS for EE? Is a job offer and LMIA a potential option, or do you not think that's possible?

If neither of the above are likely, then sounds like marriage it is! You shouldn't try and enter Canada and stay though, chances are you'll be sent back as you can't try to live in Canada without a valid visa. So go, get married, and then return to the UK for the first stage of processing would be the least risky way I'd recommend. If you turn up on a one way ticket, with no ties to the UK and tell the border officer you're planning on staying when you've not even applied for a visa, you'll be on the next plane home again!

Once you've got Sponsor Approval (only takes a few weeks to get after sending off the application), you can then enter Canada under 'Dual Intent' - see the FAQ on Spousal applications for more info.

HTH and congrats in advance!
They can't apply "Inland" if they return to the UK.

I would be very leary of getting married so soon and without a reasonable amount of 'together' time. You may want to read the CIC document regarding 'internet relationship's and the proof required that the relationship is genuine - you can find it here: Operational bulletins and manuals OP2 section 5.5
5.50. Internet relationships
An Internet relationship alone, without other convincing evidence that the couple has established and maintained a conjugal relationship for at least one year and spent time together, will raise serious concerns as to whether a conjugal relationship exists. Conjugality should be assessed based on the elements of interdependency as set out in Section 5.26above.
You may want to read through OP8 as well.

If you do decide to get married then coming over on a one way ticket is a big red flag... you would need a return flight, 'ties' to the UK and a game plan for your visit here 'to see your girlfriend' - then presumably, get married during your visit and apply for Inland PR. You would probably need to have convincing documentation to prove that it is your intent to return to the UK (even if it may not be, at this time).

It may be far easier, has been suggested, to make an 'Outland' application, return to the UK and once sponsorship approval is given, come to Canada under dual intent. You would not be able to work though, until such time as you gained PR.


Last edited by Siouxie; Mar 7th 2017 at 10:10 am.
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Old Mar 7th 2017, 8:00 pm
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Default Re: Best way to approach spousal sponsorship

Originally Posted by Siouxie
They can't apply "Inland" if they return to the UK.
I didn't realise I'd said Inland, I wasn't thinking that at all, so must have been a typo if I did put it. I meant an Outland app from the UK would be my recommendation.
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Old Mar 8th 2017, 12:55 pm
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Default Re: Best way to approach spousal sponsorship

Would the airlines allow you to have a one way ticket to Canada, as at the time of entry you'd be classed as a visitor?

I would be very, very wary of immediately marrying. As others have said, it could be looked upon by CIC as you just getting married to be able to stay in Canada.

In addition, unless I'm mistaken, you'd still need to have been in some form of conjugal / common law relationship for at least 12 months before applying, and I'm not sure if that would apply to your situation.

I don't think getting married will actually gain you anything additional over a conjugal / common law relationship, unless things have changed - I went through spousal sponsorship in 2008.
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Old Mar 8th 2017, 1:20 pm
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Default Re: Best way to approach spousal sponsorship

Originally Posted by sharkus
In addition, unless I'm mistaken, you'd still need to have been in some form of conjugal / common law relationship for at least 12 months before applying...
Reading the the stuff in the link it does seem that if other factors are strong enough they may outweigh a minimum period.

It says less than a year would raise serious concerns about it being genuine. It is possible that someone in a relationship for a year may actually have fewer of all those things mentioned while a couple together for under a year may have many of them and may thus appear more genuine.

When you read all the things listed and the different interpretations that may be placed upon them, you can see it's not quite so cut and dried.

A year wasn't specifically mentioned when I made it through the gate but marrying 8 months after a physical meeting would likely have aroused suspicion were it not for the weight of the other 'evidence' provided, which seems remarkably similar to all those things listed in the link now.

Just my opinion.
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Old Mar 8th 2017, 3:11 pm
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Default Re: Best way to approach spousal sponsorship

Originally Posted by sharkus
Would the airlines allow you to have a one way ticket to Canada, as at the time of entry you'd be classed as a visitor?

I would be very, very wary of immediately marrying. As others have said, it could be looked upon by CIC as you just getting married to be able to stay in Canada.

In addition, unless I'm mistaken, you'd still need to have been in some form of conjugal / common law relationship for at least 12 months before applying, and I'm not sure if that would apply to your situation.

I don't think getting married will actually gain you anything additional over a conjugal / common law relationship, unless things have changed - I went through spousal sponsorship in 2008.
Conjugal - under this scenario - is generally meant to mean an 'exclusive relationship with significant ties and co-dependency on each other', If they are getting married, there would be no need of being in a common-law relationship (which is 12 months of continuously living together 'as if married). However, the onus would be on them to show significant proof that they were a genuine couple, exclusive and co-dependant on one another. This should not to be confused with a 'conjugal relationship' for PR purposes (as opposed to married or common-law), where one or both parties cannot marry nor live together due to cultural or immigration difficulties.

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Old Mar 8th 2017, 8:54 pm
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Default Re: Best way to approach spousal sponsorship

Originally Posted by sharkus
Would the airlines allow you to have a one way ticket to Canada, as at the time of entry you'd be classed as a visitor?
Depends on the airline. Icelandair never asked me anything about my potential status when I went on IEC with a 1 way ticket. Others are known to be jumpy.

In addition, unless I'm mistaken, you'd still need to have been in some form of conjugal / common law relationship for at least 12 months before applying, and I'm not sure if that would apply to your situation.

I don't think getting married will actually gain you anything additional over a conjugal / common law relationship, unless things have changed - I went through spousal sponsorship in 2008.
If married, you can apply immediately. Obviously, the longer you're together, more evidence you have, the easier it is to persuade CIC you're a genuine couple.

I did find that going through CL had the advantage of time - we were a couple for a year before our CL qualifying began (in Canada then long distance), then we lived together for a year, now we just got asked for a stat dec of CL status where we got to add another 4 months to it - so we now have nearly 2.5 years of evidence, direct and incidental - friends and family liking our social media posts doing things together, postcards to us both etc - which means when proving a relationship you have a lot to use. A quick marriage... people technically qualify, but proving its a genuine relationship is a lot harder.
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Old Mar 9th 2017, 1:15 am
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Default Re: Best way to approach spousal sponsorship

Thanks for the information, as said, been a while since I had to look into this stuff, and things have changed over the years.

The app did include photos of us in various places together, including family events in the UK. so I think that did show some kind of proof, maybe
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Old Mar 9th 2017, 2:08 am
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Default Re: Best way to approach spousal sponsorship

The FAQ linked in my signature answers quite a lot of these questions as well, so it's worth reading that as well as the main spousal sponsorship wiki page.
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