TRV to Common-law

[jragc21]

Please help:

I am currently in a 4year LDR with someone from the Philippines. I was considering sponsoring my partner through the conjugal partner class as same-sex marriage is illegal in her home country but she was granted a TRV last year so there is really no immigration barrier for us.

The only way I can think of getting her here is if she renews her TRV, apply for an extension after 6 months, and then finally apply for the common-law sponsorship. My concern is her employment. Would she be able to work in Canada during the 1 year of cohabitation prior to us applying for common-law sponsorship?

Please let me know if my understanding is correct or if there is a better solution

 

[armoured]

Please help:

I am currently in a 4year LDR with someone from the Philippines. I was considering sponsoring my partner through the conjugal partner class as same-sex marriage is illegal in her home country but she was granted a TRV last year so there is really no immigration barrier for us.

The only way I can think of getting her here is if she renews her TRV, apply for an extension after 6 months, and then finally apply for the common-law sponsorship. My concern is her employment. Would she be able to work in Canada during the 1 year of cohabitation prior to us applying for common-law sponsorship?

Please let me know if my understanding is correct or if there is a better solution

If she can renew the TRV, and if neither of you are married, she can visit, you get married in Canada, and can apply as regular spousal sponsorship (inland) under which she can apply for OWP at same time.

The complication right now with covid is travel restrictions to immediate family members, which she is not right now.

 

[jragc21]

If she can renew the TRV, and if neither of you are married, she can visit, you get married in Canada, and can apply as regular spousal sponsorship (inland) under which she can apply for OWP at same time.

The complication right now with covid is travel restrictions to immediate family members, which she is not right now.

Hi, armoured... if, for example, she comes here in April 2021 under TRV and we get married that same month, can we process the spousal sponsorship immediately?

From what I read, this usually take 12 months to process. So I am assuming she would have to apply for a TRV extension too by October 2021 (6 months after arrival).

Lastly, soon can she get the OWP and what is the success rate in getting this?

 

[armoured]

Hi, armoured... if, for example, she comes here in April 2021 under TRV and we get married that same month, can we process the spousal sponsorship immediately?

From what I read, this usually take 12 months to process. So I am assuming she would have to apply for a TRV extension too by October 2021 (6 months after arrival).

Lastly, soon can she get the OWP and what is the success rate in getting this?

You can apply as soon as you have the marriage documents. It may help your case to live together for a period before and after marriage to strengthen the application; depends on how strong your evidence for your long-distance relationship is - particularly time physically spent together. If your relationship has been purely on-line, expect much more scrutiny (and possible rejection).

Yes, she would have to apply for extension.

OWP processing time - check the inland threads and tracker spreadsheets. I believe in past was 4-6 months for OWP, but under covid, who knows?

Note your only other options to have work permit on arrival that I can think of is for her to apply separately under an economic program and get accepted, or for you to get married, she returns to home country and waits for the outland sponsorship to be completed, with obvious implications for how long you will be apart.

 

[jragc21]

You can apply as soon as you have the marriage documents. It may help your case to live together for a period before and after marriage to strengthen the application; depends on how strong your evidence for your long-distance relationship is - particularly time physically spent together. If your relationship has been purely on-line, expect much more scrutiny (and possible rejection).

Yes, she would have to apply for extension.

OWP processing time - check the inland threads and tracker spreadsheets. I believe in past was 4-6 months for OWP, but under covid, who knows?

Note your only other options to have work permit on arrival that I can think of is for her to apply separately under an economic program and get accepted, or for you to get married, she returns to home country and waits for the outland sponsorship to be completed, with obvious implications for how long you will be apart.

thank you for your suggestions, armoured. I’m fairly confident in proving that we have a genuine relationship. We have shared assets (properties and joint bank accounts), visited each other multiple times, evidence of financial support and attestation of close friends and family.

We looked in to her applying through the skilled worker express entry stream but the points are too low due to a number of factors. Thereforewe decided to consider other options where there is a stronger likelihood of acceptance.

Our case would’ve been strong for the conjugal stream if her TRV was denied as that would constitute an immigration barrier but I guess we would have to go w/ the spousal sponsorship.

 

[jragc21]

Is there a limit to the number of times you can renew a TRV?

 

[armoured]

Our case would’ve been strong for the conjugal stream if her TRV was denied as that would constitute an immigration barrier but I guess we would have to go w/ the spousal sponsorship.

I would say count your blessings

Is there a limit to the number of times you can renew a TRV?

I don't feel I know the situation with TRV renewals well enough to answer. Perhaps others can provide useful input.

 

[jragc21]

I would say count your blessings

Yeah definitely! I was extremely glad she was granted a TRV as it allowed her to see the country and, of course, spend some time with me. That visit really solidified our decision to finally settle down.

I don't feel I know the situation with TRV renewals well enough to answer. Perhaps others can provide useful input.

You’ve been more than helpful. Thanks again!