Legal Advice on How to Legally Marry and Sponsor My Spouse

[yalin14]

Hello all,

I am from Turkey and I need advice on how to legally marry and sponsor my spouse as a permanent resident so any advice would be more than appreciated. I am planning to apply for Express Entry within two weeks and I can currently collect 463 points on CRS, hence, I hope to receive an ITA in a few weeks and get my PR visa by the end of 2019.

I have a girlfriend of more than three years and we were planning to marry in March 2020 and land in Canada after our marriage. She has a valid Canadian tourist visa valid for 5 more years so I am planning her to come with me to Canada as a visitor, afterward, I can apply for inland spousal sponsorship while we are in Canada. However, I wonder if CIC considers the marriage as "not genuine - or fake" if we marry just 2-3 months after my PR visa issued. We are not common-law partners since we do not live together or anything (we have separate residency addresses etc.).

I also wonder if it is possible for us to land in Canada together (me as a permanent resident and she as a visitor) and then marry in Canada instead of our home country. Can we apply for inland spousal sponsorship and can she stay in Canada legally until our application approved in this case?

We can not marry before I apply for Express Entry and include her in my application because my CRS points will drop significantly if I apply as married and include her in my application.

Again, any legal advice on the issue would be more than appreciated.

 

[steaky]

Why not come to Canada to get marry (at least to have the marriage certificate issued in Canada)?

 

[ryester]

Hello all,

I am from Turkey and I need advice on how to legally marry and sponsor my spouse as a permanent resident so any advice would be more than appreciated. I am planning to apply for Express Entry within two weeks and I can currently collect 463 points on CRS, hence, I hope to receive an ITA in a few weeks and get my PR visa by the end of 2019.

I have a girlfriend of more than three years and we were planning to marry in March 2020 and land in Canada after our marriage. She has a valid Canadian tourist visa valid for 5 more years so I am planning her to come with me to Canada as a visitor, afterward, I can apply for inland spousal sponsorship while we are in Canada. However, I wonder if CIC considers the marriage as "not genuine - or fake" if we marry just 2-3 months after my PR visa issued. We are not common-law partners since we do not live together or anything (we have separate residency addresses etc.).

I also wonder if it is possible for us to land in Canada together (me as a permanent resident and she as a visitor) and then marry in Canada instead of our home country. Can we apply for inland spousal sponsorship and can she stay in Canada legally until our application approved in this case?

We can not marry before I apply for Express Entry and include her in my application because my CRS points will drop significantly if I apply as married and include her in my application.

Again, any legal advice on the issue would be more than appreciated.

If you live together then you have to declare her as common-law relationship (even if you don't get married) while you apply for PR otherwise you may permanently lose the ability to sponsor her as spouse.

 

[yalin14]

Why not come to Canada to get marry (at least to have the marriage certificate issued in Canada)?

This is one of our options, however, I am not sure if we can apply for inland spousal sponsorship and she can legally stay in Canada until her permanent residency issued or she needs to leave the country at one point.

 

[yalin14]

If you live together then you have to declare her as common-law relationship (even if you don't get married) while you apply for PR otherwise you may permanently lose the ability to sponsor her as spouse.

Thank you for the response. As I have mentioned in the first post, we don't live together and I don't know how can CIC consider us as common-law partners.

 

[kcward7]

Thank you for the response. As I have mentioned in the first post, we don't live together and I don't know how can CIC consider us as common-law partners.

You're not considered CL then. You must live in a marriage like relationship for 365 days consecutively with no significant breaks.

 

[ryester]

This is one of our options, however, I am not sure if we can apply for inland spousal sponsorship and she can legally stay in Canada until her permanent residency issued or she needs to leave the country at one point.

Yes, you can file for Inland spousal application if you get married in Canada while your spouse stays in Canada. Regardless where you are married and how long you are married, you still have to prove the relationship is genuine.

 

[canuck_in_uk]

Hello all,

I am from Turkey and I need advice on how to legally marry and sponsor my spouse as a permanent resident so any advice would be more than appreciated. I am planning to apply for Express Entry within two weeks and I can currently collect 463 points on CRS, hence, I hope to receive an ITA in a few weeks and get my PR visa by the end of 2019.

I have a girlfriend of more than three years and we were planning to marry in March 2020 and land in Canada after our marriage. She has a valid Canadian tourist visa valid for 5 more years so I am planning her to come with me to Canada as a visitor, afterward, I can apply for inland spousal sponsorship while we are in Canada. However, I wonder if CIC considers the marriage as "not genuine - or fake" if we marry just 2-3 months after my PR visa issued. We are not common-law partners since we do not live together or anything (we have separate residency addresses etc.).

I also wonder if it is possible for us to land in Canada together (me as a permanent resident and she as a visitor) and then marry in Canada instead of our home country. Can we apply for inland spousal sponsorship and can she stay in Canada legally until our application approved in this case?

We can not marry before I apply for Express Entry and include her in my application because my CRS points will drop significantly if I apply as married and include her in my application.

Again, any legal advice on the issue would be more than appreciated.

Hi

1. No, IRCC will not think it is a fake marriage because you married a few months after getting PR. They look at the relationship history.

2. You can travel together and marry in Canada.

3. Yes, you can apply inland. Provided she maintains her status, she can stay in Canada while the app processes.