helcol

Hi everyone

I moved here from the UK but am now a Canadian citizen. I’ve been in a long distance relationship with a girl in England (British citizen) and we’re now at the point where we’d like her to come and live with me in Canada. We don’t really have any plans for marriage, so I’m trying to understand the best way for her to move here. Her occupation means that she might find it hard to get here on a work permit (although we’ll certainly try), so I want to determine the best way to get here should the work permit option not happen. She is too old to qualify for IEC visa.

Any feedback or advice on the following will be greatly appreciated.

This is what I’ve come up with so far:

Girlfriend arrives in Canada. At immigration, explain that she is coming to live with me with the intent of staying for a year to get recognition of common-law relationship so that I can apply to sponsor after a year. Will apply for extension of visitor visa after 5 months so that she can remain here for 12 months.

Girlfriend will have booked a return flight – just in case.

During her time with me, we’ll do what’s required to gather evidence to show that we’ve been living together as a couple (I’ve already found lots of info on this forum) in preparation for applying for permanent residence.

After 12 months are up, will enter the USA via land crossing and then cross back into Canada. At this point we'll explain our intent to immigration officer and will also have our prepared application for permanent residency and all the supporting evidence of our relationship that goes with it.

Hopefully the immigration officer will let her in as a visitor and we’ll send off our application for permanent residence.

It appears that there's no guarantee that any of this will happen as we appear to be at the mercy of immigration officers. Other than getting married, I'm not sure what other approach to take.

Thanks.

orly

As you say it's at the mercy of the immigration officials. Don't have any other suggestions really.

dbd33

A strategy I know to work is:

- girlfriend arrives as visitor
- enrolls in education program
- takes study permit
- flagpoles
- by the end of the course of study a common-law relationship can be proven

Not cheap, of course.

SchnookoLoly

Honestly, it will be up to the immigration officer when you enter. She'll be in the country for 12 months as a visitor, plus another 8ish while your application is processing. That's a long time for an official to allow your girlfriend into Canada without any status or way to make money - will she be able to support herself for that long?

You say marriage isn't in the cards... CIC won't like that very much either. The purpose of family class sponsorship is, well, family. They have common-law for couples who are married in all but legal status. You'll need to prove you are living together as though you are a married couple, not just as roommates or boyfriend/girlfriend. They'll want to see things like joint bank accounts, joint wills, insurance policies, and so on.

It's an important undertaking for you as well as the sponsor as you will be financially responsible for her for three years.

So, your plan is certainly possible... but you might find it easier -- and faster -- to get married and then apply. If you got married in a few months then applied, it would make your life a lot easier. Your girlfriend-wife would be able to be with you in Canada as a visitor under dual intent (as a visitor who is intending to become PR as evidenced by an application in process) and then would be able to work in about a year or so.

Common-law is riskier because of the time involved.

If you really don't want to get married, the other option you could look at is going to the UK as a visitor yourself for 6 months, then coming back with your girlfriend for another 6 months. That gives you the 12 months of living together, and after 6 months your girlfriend can apply online for an extension to her visitor status, and at that point you will be filing your application. It eases the amount of time that one of you spends in one country without any income or status other than visitor, which may make it easier to stay together.

Marriage may still be simpler.

Hope that helps!

(Of course, this doesn't take into account getting a work or study permit or whatnot.)

helcol

Thanks for all your feedback and advice. It pretty much confirms what I was thinking.

Studying isn't really an option because of the costs involved, else it would have been a good idea.

Marriage isn't necessarily out of the question, but it's just not something we've discussed yet. Maybe now is the time!

Also, spending 6 months here and then me spending 6 months in Canada isn't a bad idea either. I spent 5 weeks in England earlier this year, taking two weeks vacation and working remotely for the remaining 3. My employer was very understanding and allowed me to do it, but 6 months may just be an ask too far! Besides, I'm not sure if I want to be apart from my kids for that amount of time.

Our plan is just to be honest with the immigration officials. I earn sufficiently to be able to support her for the required time. I was thinking that after the extension has expired (12 months) I'd take the completed PR application, pay slips and other evidence (shared bank account statements, insurance policies, utility bills etc) with us to show the immigration officer as supporting evidence when coming back into Canada.

Still, I realize there's no guarantee, which adds stress to the situation. If any point in the process fails and my girlfriend is refused an extension or cannot remain in Canada after the 12 months, our only option would be to get married. If this did happen and we were to get married and then apply for PR, would CIC frown upon this because we're getting married purely for immigration purposes?

Thanks.

SchnookoLoly

When they say they don't want you getting married for immigration purposes they more mean if you wouldn't otherwise get married. If you've been together for ages and move up wedding plans because it's the option that makes the most sense they don't get grumpy about that. They understand the distinction. If you're ready to sponsor as common law anyway then it shows you're pretty well married or acting though you're married.

Standard no guarantee applies but that's usually how it seems to work