CN Tower

Hello everyone,

Is there someone out there who could give me an overview on the differences and pros/cons between applying a) as a fiance b) as a spouse from the UK c) as a spouse from inland. I have a fairly good understanding of the criteria required for each option, but would like to know more about which to choose, ie is one route considered faster or easier than another, is one route less bureaucratic...

I think I have read so much that I have too much information and am in need of some clarity!

And I also have one specific query : If I were to go down the fiance route, how would they assess my Canadian citizen fiance's income for the LICO, as he has been (and still is) resident in the UK for the past four years? Would they recognise his British income?

Thanks very much,
Claire

PMM

Hi Claire

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Since your fiance is resident in the UK, he cannot sponsor you as a fiancee he has to
resident in Canada. To meet the LICO, if he was resident in Canada only income from
Canadian sources can be counted, therefor he would have to find a job in Canada, and
earn sufficient to meet the LICO. Financees file into 3rd processing priority for
family class.

If you are intent on getting married, then marry in the UK. Once you are married then
you spouse can submit an applicaton for you will residing in the UK. He will have to
sign a declaration that once an Immigrant visa is issued to you, you both will return
to Canada. Probably shortest processing time.

If your fiance returns to Canada, and you enter as a visitor (no guarantee of
admission) then you marry in Canada, an application in Canada can be submitted on H.&
C. grounds to processed in Canada. Would probably take anywhere from 8 months to a
year to process.

PMM

David Cohen

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The main advantage of a fiance(e) application over a spousal application is that it
may be initiated at an earlier date, as long as satisfactory evidence of the
relationship exists. The main advantage of a spousal sponsorship is that the
financial requirements of the sponsor may be overlooked in the case that sufficient
income cannot be demonstrated.

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No, they would not recognize such income. If your fiance is resident in the UK, a
spousal sponsorship will be preferable for the following reasons:

1. income requirements may be overlooked;
2. the application can be submitted directly to the High Commission in London while
you are resident there, or may be processed inland if you are granted admission as
a visitor.

Additional information on this topic may be found at Campbell, Cohen's web site at
the following URL:

http://canadavisa.com/documents/faq/family.htm

________
CAMPBELL, COHEN - attorneys at law tel:514.937.9445 / fax:514.937.2618
[email protected] http://canadavisa.com

Online Community: http://canadavisa.com/community

CN Tower

Excellent. Thank you both very much for your responses; much appreciated and exactly what I needed to know. Another quick question: If planning on Spousal route, most probably from outside, does it make any difference whether we marry in Canada or the UK ?(making a trip at Christmas/New Year and thinking of something Vegas-ish, but at Niagara Falls!!)

Thanks again,
Claire