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Canadian with a British Partner - Want To Bring Him To Canada!

Canadian with a British Partner - Want To Bring Him To Canada!

Old Dec 20th 2010, 10:02 pm
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Default Canadian with a British Partner - Want To Bring Him To Canada!

Hi there!

I am hoping that someone on this forum might be able to help me, as the immigration websites are very complicated and confusing, and my partner and I are somewhat of a unique case.

OK, so the story is that I am a 24 year old Canadian female, and I went traveling on a Working Holiday Visa in New Zealand from in Sept 2009. While I was there, I met my partner, who is 23 and from England. We fell in love and moved in together, sharing an apartment in NZ starting Dec 1st, 2009. In March 2010, Lee (my partner) had to go back to the UK, so I went there with him on a Youth Mobility Visa, which allows me to stay in the UK until March 2012 (yet only work for 12 months). We have been living together in the UK since then. Anyways, next year (2011) we plan to move together to Canada, probably in summer or early fall at the latest. I know that since Lee and I have lived together for over year now, and we have the signed tenancy agreement from the apartment in NZ to prove it, along with many other documents of us travelling together, we are eligible for Common Law Partner Status.

However, when reading over the website and attempting to understand the complicated process, I seemed to get the impression that you have to apply for Common Law Partner Status from within Canada. Does anyone know if this is the case?

Would Lee and I be able to apply for Common Law Partner Status from the UK, or would he have to enter Canada first on a Working Holiday Visa or some other temporary visa, and then apply once we are living in the country?

If anyone has experience with this sort of situation, or knows where I could find the answer, your help would be much appreciated!

Thank you for your time,
Kelly
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Old Dec 20th 2010, 10:12 pm
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Default Re: Canadian with a British Partner - Want To Bring Him To Canada!

Hi there, and welcome to the forum.

As you are a Canadian citizen, you can sponsor Lee from the UK (PR's have to be in Canada to sponsor, but citizens can do it from anywhere in the world), via an 'outland' application. Should only take approx 3 months going on recent timescales.

Here's a Wiki article which should help, and there are loads of previous threads about spousal sponsorship as well if you want to have a hunt around. http://britishexpats.com/wiki/Spousa...sorship-Canada

Good luck.
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Old Dec 21st 2010, 5:08 am
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Default Re: Canadian with a British Partner - Want To Bring Him To Canada!

Thank you! That is very helpful information.
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Old Dec 21st 2010, 5:44 pm
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Default Re: Canadian with a British Partner - Want To Bring Him To Canada!

Just wondering if anyone can help a little after reading that useful link there. Ive been here in Canada for 4 months (my 2nd visit..going back in January) I plan to come back here with my 7 yr old son and live with my partner and apply after we get married in a few months,on the spousal sponsorship.Does anyone know if it is possible to stay here with my son until PR is eventually sorted out, with the plan of applying outland? (on the visitors extention)
thanks.

Last edited by egelorie; Dec 21st 2010 at 5:47 pm.
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Old Dec 21st 2010, 7:03 pm
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Default Re: Canadian with a British Partner - Want To Bring Him To Canada!

I think you should take the advice of some good lawyer.
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Old Dec 21st 2010, 11:42 pm
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Default Re: Canadian with a British Partner - Want To Bring Him To Canada!

Originally Posted by Pamela Walker
I think you should take the advice of some good lawyer.
Why? A lawyer is not necessary.

Egolorie - yes, you can stay there on a visitor visa, although do bear in mind that on a visitor visa you wouldn't be eligible for healthcare so you'd need good insurance, and that your son wouldn't be eligible to attend school.

Also you'd have to convince an immigration officer that you would leave if PR is not granted, so make sure you don't turn up with all of your worldly possessions etc!

Good luck and post a wedding photo or two!!
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Old Dec 22nd 2010, 5:01 am
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Default Re: Canadian with a British Partner - Want To Bring Him To Canada!

Hi

Originally Posted by christmasoompa
Why? A lawyer is not necessary.

Egolorie - yes, you can stay there on a visitor visa, although do bear in mind that on a visitor visa you wouldn't be eligible for healthcare so you'd need good insurance, and that your son wouldn't be eligible to attend school.

Also you'd have to convince an immigration officer that you would leave if PR is not granted, so make sure you don't turn up with all of your worldly possessions etc!

Good luck and post a wedding photo or two!!
Also she is going to have to prove custody of the child and the ability to remove the child from his/her home country.
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Old Dec 22nd 2010, 5:38 am
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Default Re: Canadian with a British Partner - Want To Bring Him To Canada!

Originally Posted by PMM
Hi



Also she is going to have to prove custody of the child and the ability to remove the child from his/her home country.
Good point, thx PMM.
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Old Dec 27th 2010, 10:54 am
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Default Re: Canadian with a British Partner - Want To Bring Him To Canada!

thanx for the posts, i plan to get sole custody of my son,with his fathers consent,that will be getting sorted soon as i go back, i was planning on maybe speaking to an immigration counsellor also at some point.when we get married is it correct that i am legally allowed to stay here in Canada with my son, until my PR is granted? i was told that i have to stay, as soon as i am married. thanx
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Old Jan 29th 2011, 9:05 am
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Default Re: Canadian with a British Partner - Want To Bring Him To Canada!

Originally Posted by egelorie
Just wondering if anyone can help a little after reading that useful link there. Ive been here in Canada for 4 months (my 2nd visit..going back in January) I plan to come back here with my 7 yr old son and live with my partner and apply after we get married in a few months,on the spousal sponsorship.Does anyone know if it is possible to stay here with my son until PR is eventually sorted out, with the plan of applying outland? (on the visitors extention)
thanks.
that is what i did although it was years ago. I was on a visitor visa and eventually got PR, but it took close to a year. It was called the Marital Inland Spousal Application (MISA).
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