snuggs

hey guys...

So im currently waiting for the IEC 2013 window to open as I dont qualify for a common-law visa & the Conjugal visa sounds complicated...

Im just curious - If i was to marry my Canadian fiancee' in her homeland ( i would have to gain entry as a visitor )

what would the situation be? Could she sponsor me to stay..etc?


cheers guys..

sharkus

common law would require you to be living together for at least a year. Not totally sure about spousal though, guessing it's probably the same though.

One thing to be very aware of is that if you get married to help things along then it will likely be seen as a marriage of convenience and you could get your application rejected.

BTJ

If you are married to a Canadian then you have the simplest and shortest route to a PR visa. The application process is virtually identical to that of a common-law partner, except that you provide a marriage certificate instead of evidence of living together for >12 months.

You can get married wherever you want - only issue is if you choose to marry in the UK and she is not an EU citizen then she'll need a visa in order to get married in the UK. No such problem exists if you choose to marry in Canada.

The forum generally recommends the PR visa application process is done "outland" i.e. through London, UK rather than "inland".

BristolUK

No qualifying period involved if married.

What identifies to CIC that one married to help things along?

I married and applied for Sponsorship/PR two months later. It wasn't a problem and others posting here have done similarly, problem free.

ultrarunner

Here is the simplest answer to your question.....Absolutely. You are looking at (7 months or less) to get your PR provided you have all other paper work (letter from Scotland yard et al) good to go and no other obstacles in your way

Better to get married in Canada so no one has to run around checking the validity of your wedding. You will then be sponsored from "inside country" via spousal route. You can apply for a Temp SIN card (starting with a #9 in front), then once your CIC is all good to go, you convert the SIN to a permanent one.

No lawyer needed unless your case is complicated. Label every damn form in an easy to read and follow manner, include docs that will further back your case and make the person looking at your application have no doubt.

How do I know all this? From personal experience and my PR card at the time was in my hand under 6 months from the time I arrived here to getting the card in my paws. I am now the lucky owner of not just Canadian passport, but a Government passport as well level 3 security clearance

Good luck

snuggs

DId you get married in Canada & then apply for PR 2 months later? as a visitor?

Im looking at the IEC program and then we're thinking of getting married whilst im there...

But then thats at least 3 months away...

snuggs

Thank you for your advice...

I like to believe my case is'nt complicated...

In your own opinion as you have personal experience...

You think its best to apply for the IEC program ( 3/5 months ) when it opens then get married or travel over as a visitor? Im aware you only get 6 months duration as a visitor...that is the Only reason I had to leave in May this year... hence why We dont qualify for Common-law...

are you allowed to stay in canada whilst PR is processing?

ultrarunner

If you guys have talked about it and are sure, then make an honest lady of the woman already :-) Yes you are allowed to stay in Canada whilst they process your application.

When it comes to citizenship application down the road, you get 1 day for every 2 days present in Canada towards the (3yrs) eligibility

Oh...make sure you sign a pre-nup, you never know

snuggs

Thats good news

What does my status become though whilst PR is processing? Can I work?

Apologizes for all the questions... If all is well I could be out there sooner than expected!


dont need a pre-nup - I know for sure shes the one - I left Australia to be with her!

christmasoompa

It would normally be better for the OP to apply 'outland' rather than 'inland' actually, due to the far quicker processing times. There is a Wiki article on spousal sponsorship which gives the pros/cons of each route.

If you could have afforded to stay without working then you could have applied to extend your visitor visa, and then got the full year for common-law sponsorship. Obviously not much help now, but just thought I'd mention it for the sake of anybody else reading.

Although worth noting that that's only for a max of 1 year of the required 3 - so it needs to be at least 2 as a PR.

christmasoompa

You'd be on a visitor visa, so no you can't work (unless you do an inland application, you do get a work permit at first stage approval with that route - but given that it takes around a year to get to first stage approval versus 6-8 months to actually get PR with an outland application, it's not worth it just for that!).

Unless of course you can qualify for a visa in your own right i.e. get a job offer and a TWP. Personal question, but how old are you, is a Working Holiday Visa an option for you?

snuggs

Im 25, I qualify for the IEC program but I keep hearing mixed reports about when the window opens & how long it takes...

I was even considering Applying for it & then heading out as a visitor & doing the 'flag-poling' which i read on here but that does seem risky


I know im very lucky with the options I have,
Im just super keen to get back to Canada... to be with my girl!

christmasoompa

You could go out as a visitor now, and then apply for IEC once there, is there a reason you're not considering that?

IEC opens in December or January, there is no fixed date (last year it was about the second week in December, the year before it was 18th January, so it really depends), and processing takes approx 8 weeks unless you need a medical.

ultrarunner

Really...like I said here in Canada and from my personal experience and other people that I know, it was quicker to do it from "inside". My response is not hear say, I went through it rather than read about it

christmasoompa

Must have been a while ago then, it's been quicker doing it outland for quite some time. I appreciate that you've been through it yourself, but unless it was recently it's no more useful than 'hear say'. At least a year for inland, v 6 months or so for outland is the norm now.

Plenty of experiences on the timeline thread for the OP if he wants to double check it, and the CIC website also shows processing times for each route.