CHM8318

Hello all!

I have been trying to find some reliable information regarding the topic of marriage in Canada. I will try and explain my questions as best as possible.

I am a Canadian (born and raised) and lately I have been living in the UK and I'm in a relationship with a English lass and we're engaged. We're moving over to Canada very shorty and we're both aware she is allowed a 6-month VISA. We're getting married in Canada. Can anyone tell us what we need? I have called a few immigration lawyers, both in the UK and in Canada and they say if you get married she is allowed to stay longer than 6-months but still has to apply for a Work permit. Most say getting married in Canada is the easiest option for emigrating to Canada.

A few questions I have:

- If we're married in Canada, is she automatically entitled to OHIP/Health Care?

- Will she require a Police check?

- Will she have to leave after her 6 months VISA expiry?

These are a few of our concerns. Leaving after 6 months can be a pain in the arse, I've had to do it 3 times going into the UK and by the third time UK Customs was starting to give me a hard time, where as my dealings with Canadian Customs is always a hard time.

Thanks for your time and opinions and I look forward to reading your stories and advice!

Andrew Miller

You either called some "wannabe experts" or you misinterpreted their answers.

Nobody is allowed to stay beyond granted admission just because s/he got married to Canadian and/or in Canada. To apply for work permit she needs proper job offer with positive LMO.

Getting married in Canada is as valid as legally getting married in any other country and doesn't make any difference when it comes to immigration. No priority or other benefits.

Absolutely not. She is entitled to nothing as visitor to Canada.

For her PR application? Yes, absolutely.

Yes, unless she becomes a PR within that time or extends her stay.

CHM8318

Thank you for your time Andrew. A few more questions:

- We have been living together for 18 months and share utility bills, Phone etc, could we try the common law approach?

- We are flying out to Canada on the 21st (Monday) can she apply for UK Police check and other documents from Canada?

She is planning on moving to Canada, what could you advise the best the route? I searched your website to try to find some answers and we find all this fairly confusing.

Thanks

Andrew Miller

Why not?

Being common-law for 18 months and having solid evidence to prove it is as good as 18 months old marriage and most of the time better than 1 month old marriage.

Yes, although doing it remotely may be harder and longer. Thus she should collect and/or apply for as much as she can before departure.

You are already flying in few days - it is little bit late for making plans and selecting best route, don't you think?

If you find it all confusing then maybe it would be good idea to seek something better (like at least some sort of professional assistance) than limited in scope free advice here.

CHM8318

It is a little late, but we were under the impression that once we were both in Canada and married, things could be done at that end. If we have to we (or she) can leave the Country then come back. I'm not sure if it works that that for Canada, in the UK the rules are after 6 months you must leave the UK, which was easy for us, we just went to France for the weekend.

What classifies as solid evidence? All we have to prove we're common-law is I have a few utility bills at the same address and the car insurance. Is that valid?

We will look into the Common-Law approach first.

Thanks Andrew.

sheadboy

bills, bank statements, rent agreement/mortgage papers...also photos, letters from friends regarding your relationship may also help. passport stamps showing you travelling together, etc.

but the bills, etc would need to be for the span of your relationship, not just the past month or so.

anything that shows you have been conducting a relationship and cohabiting.

Maple Leaf

hello,

hi and welcome to the board.

i know things sound very complicated etc...but honestly once it is all broken down it realy isnt' all that difficult to understand the differing processes for immigration.

....once you are married and IF her application isnt' settled within about 5 months.........she can then apply for an extension to stay longer in canada with reason being her application is pending. myself and others here have done this. i was granted an extra 12 months stay.

are you aware that once you are married and here in canada you can apply for an OUTside canada spouse visa for her.( whilst she is still here in canda).? this route has been very fast and many here have done it. However IF you can get it together and apply for the common law visa..you won't have to wait till you are married.

you can find some manuals here that will help with some info

http://britishexpats.com/forum/showt...gration+manual

here are some links for you

http://www.cic.gc.ca/EnGLIsh/inFORMa...cations/fc.asp


http://www.cic.gc.ca/English/resourc...uals/index.asp


as to the work permit. once we receive first stage of approval which you hear called AIP...your new wife can then apply for a work permit. IF you do the inland application these are being processed fairly quickly compared to a year or so ago. however...outside applications from within canada are usualy completed within a few months meaning that she won't need to apply for a work permit..as she will have her permanent residency much quicker!!

we did my application ourselves with no problems and many here have aswell. the hardest part was just gathering all the information we needed.

the onus on common law..is that you do need the good solid evidence....as andrew says i would start NOW. do as much as you can within the short time you have left there. much easier.

good luck!!!

CHM8318

Thank you for your information Maple Leaf! We were in high hopes of being able to apply whilst in Canada, simply for money and time. I will definately keep you guys posted in regards to our progress!