PR through Marriage (Ontario)

Old Jan 6th 2015, 3:40 am
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Default PR through Marriage (Ontario)

Good morning,

Great forum by the way. I have used this before to help me with various other aspects of my first IEC to Canada.

My question,

Is there a set time length (or an unwritten rule) that you should/have to wait to apply for PR through marriage?

I have been with my partner for only 4 months and we are expecting a child later this year. I know on paper this looks crazy but if you knew the relationship you would see it is far from that. Fast moving? yes, but when you know, you know. We're both 30 years old so we're not silly little kids

My IEC is due to expire in June this year and my plan was to apply for a second year when they are released later this month. My partner and I have discussed this option, pros and cons but we feel that the safest way to ensure we are together long term is to tie the knot and get me my PR so we can be together and start our family.

Any thoughts, suggestions, help will be greatly appreciated.

Cheers
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Old Jan 6th 2015, 4:15 am
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Default Re: PR through Marriage (Ontario)

Originally Posted by kt510
Good morning,

Great forum by the way. I have used this before to help me with various other aspects of my first IEC to Canada.

My question,

Is there a set time length (or an unwritten rule) that you should/have to wait to apply for PR through marriage?

I have been with my partner for only 4 months and we are expecting a child later this year. I know on paper this looks crazy but if you knew the relationship you would see it is far from that. Fast moving? yes, but when you know, you know. We're both 30 years old so we're not silly little kids

My IEC is due to expire in June this year and my plan was to apply for a second year when they are released later this month. My partner and I have discussed this option, pros and cons but we feel that the safest way to ensure we are together long term is to tie the knot and get me my PR so we can be together and start our family.

Any thoughts, suggestions, help will be greatly appreciated.

Cheers


There's no particular rule or anything for when you should apply. It comes down to convincing CIC that you are not getting married in order to get status in Canada, that you are in a genuine relationship. Have a look at the wiki page and look at what they look at for common-law applications, it gives you an idea of the types of things they like to see to show that you are legitimately in a relationship.

Think about it from two aspects. First, there's the legal stuff, the paperwork. Joint bank accounts, joint mortgage, large purchases together (pets, furniture, cars, etc), kids together, joint utility bills, naming each other as dependents/beneficiaries on life insurance policies, and so on.

Then there's the 'fluffier' stuff, the romantic stuff. Trips you've taken together, gifts you've given each other, the development of your relationship, meeting family and friends, getting married with people around, that sort of thing.

You should be able to prove both sides of the equation in your application.

In terms of timing, obviously the longer you are together, the more evidence you have. If it were me, and this is just my opinion, I would wait a bit longer before applying. You are going to apply for a second IEC visa, and hopefully you are successful, which means you'll be able to stay in Canada and working until June 2016, so that gives you a year and a half.

In terms of how to apply, you have two options, and your choice might depend on whether or not you get that second IEC visa successfully.

One choice is to apply outland. If you have a look at the spreadsheet in my signature, you can get an idea of processing times. The average right now is about 7-8 months if your application goes to London, less than that if it stays in Canada. (That's up to CIC's discretion, no guarantees how they'll process you!) I'd allow a year or so, so apply for that in maybe June or July or so... when is your little one due? (Congrats, btw!)

The other choice is to apply inland. CIC started a pilot program where if you apply inland, you can get a work permit after 4 months or so of processing, you submit it with your application and hopefully four months after you submit an OWP turns up. (They just launched this program, so unsure whether the 4 months is true or not, but that's what they've said they are aiming for.) One of the major cons of inland, though, is that you can't leave Canada while the application is being processed, and inland applications are currently taking 2 years to process, and that will probably go up since more people are considering inland with the new work permit program being launched. This could be an option if you are not successful with your IEC visa, you can apply in a month or two and hopefully have the work permit through by June when your IEC expires.

Read the wiki article about spousal sponsorship, it will inform you a bit more on the whole process, and the article outlines some pros and cons between applying inland vs outland. YOu have a few things to consider, so it will be up to you to work out which one works better for your circumstances.

Hope that helps and feel free to come back with more questions!
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Old Jan 6th 2015, 6:54 am
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Default Re: PR through Marriage (Ontario)

Thank you so much for your detailed and informative reply.

My/our plan was for me to apply for a 2nd year work permit as normal and then look for PR either through marriage or common-law in due course.

What we don't want to happen is for me to be unsuccessful in obtaining a 2 second year visa and then be stuck, so we are trying to get a few options together so we can decide the best course for us.

I have read through the wiki page and we tick almost all the boxes for what they are looking for. It is a legitimate relationship and we have no worries about proving that to immigration.

IF, we were to go ahead with marriage and a spousal application in say April time, when we submit, either outland or inland, am I able to continue working throughout the application process as I am currently on a working permit?

What we are looking for ideally (which is hopefully possible) is for us to remain together in Canada and me to continue being able to work and earn until my PR comes through. With the baby on the way it is not ideal for me to be out of the country or being here an not being able to work.

The little'un is due end of August. Going in for first scan on 16th January. Super excited and we should be able to hear the baby's heartbeat too

Thanks again
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Old Jan 6th 2015, 7:03 am
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Default Re: PR through Marriage (Ontario)

Originally Posted by kt510
Thank you so much for your detailed and informative reply.

My/our plan was for me to apply for a 2nd year work permit as normal and then look for PR either through marriage or common-law in due course.

What we don't want to happen is for me to be unsuccessful in obtaining a 2 second year visa and then be stuck, so we are trying to get a few options together so we can decide the best course for us.
Yep, this was why I gave you the option of inland as well, so that you can hopefully have your work permit through either by June, or very shortly after that, so that you minimize the amount of time you aren't working.

I have read through the wiki page and we tick almost all the boxes for what they are looking for. It is a legitimate relationship and we have no worries about proving that to immigration.
Awesome. Just make sure you have all the paperwork behind it as well, the more concrete proof the better!

IF, we were to go ahead with marriage and a spousal application in say April time, when we submit, either outland or inland, am I able to continue working throughout the application process as I am currently on a working permit?
Yes, you can work through the whole process as long as you have a valid work permit. For you that will be your IEC, or then your OWP if you apply inland, when you receive it. That's not a problem at all.

What we are looking for ideally (which is hopefully possible) is for us to remain together in Canada and me to continue being able to work and earn until my PR comes through. With the baby on the way it is not ideal for me to be out of the country or being here an not being able to work.
Yep, should be possible. Worst case is that even if your IEC runs out, you don't get a second one, and you don't have an OWP through if you apply inland, you can just apply to change your status to Visitor online, so when your IEC visa ends you become a visitor instead and you can stay in Canada. Tons of people wait in Canada as visitors for PR to be processed if they don't want to be separated. I think you have a few options in front of you, though, depending what happens with IEC number two. Good luck!! And be sure to keep us updated!

The little'un is due end of August. Going in for first scan on 16th January. Super excited and we should be able to hear the baby's heartbeat too

Thanks again
Eeeee so exciting!! Congratulations again, I bet you are counting down the next 10 days until you can get into that first scan!
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Old Jan 6th 2015, 7:21 am
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Default Re: PR through Marriage (Ontario)

Yep, should be possible. Worst case is that even if your IEC runs out, you don't get a second one, and you don't have an OWP through if you apply inland, you can just apply to change your status to Visitor online, so when your IEC visa ends you become a visitor instead and you can stay in Canada. Tons of people wait in Canada as visitors for PR to be processed if they don't want to be separated. I think you have a few options in front of you, though, depending what happens with IEC number two. Good luck!! And be sure to keep us updated!
Hopefully I do get a second year work permit. What's the likelihood of getting an OWP? Is there a certain criteria they look at in issuing them? I cant not earn money with the baby on the way cause 1 60% income from my partner on MAT leave won't be enough and then moving forward living on 1 income for 2 years wont work. That is our main concern
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Old Jan 6th 2015, 7:48 am
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Default Re: PR through Marriage (Ontario)

Originally Posted by kt510
Hopefully I do get a second year work permit. What's the likelihood of getting an OWP? Is there a certain criteria they look at in issuing them? I cant not earn money with the baby on the way cause 1 60% income from my partner on MAT leave won't be enough and then moving forward living on 1 income for 2 years wont work. That is our main concern
I *think* that for the OWP it's just that - an open work permit that you get if you have applied for inland sponsorship. There's a link to CIC's release on the subject linked in the wiki article. Since the program has only just been launched there isn't any anecdotal evidence to go off of... all we can guess right now is based on the information in CIC's release about it.

If you do get the IEC then just apply outland and you are good to go that way and should have your PR through by June 2016 no problem.

Hopefully one of these two options works... if I were you, I'd start saving, just in case you end up only being on one income, even if it's just for a short period of time, but at least you have a bit of a cushion just in case.
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