Conjugal relation sponsorship questions

[Spartan69]

I am a Canadian citizen born here in 1971 and have been dating my USA girlfriend since 2017. She is a permanent resident of USA since she was 6 years old (43 now) and has a 20 year old son (US citizen). I have visited her in the states, 3 times and she has visited me in Canada 4 times. I want to sponsor here and have here live with me and have some questions.

1. Am I able to sponsor her under the conjugal relationship catagory?
2. Does it matter that we never got married? We prefer common-law and covid prevented that
3. Is the sponsorship easy enough to do on your own or do you need to hire someone?
4. Under what grounds may they deny it?
5. I understand it costs around $1500 to sponsor, if they deny it do you get refunded?
6. If I sponsor her does that make her a Canadian permanent resident or citizen?
7. How long does the process take?
8. Once we apply is she free to stay with me as long as a visa may allow? 6 months I think?

Thank you so much for taking the time to read my questions.

 

[scylla]

I am a Canadian citizen born here in 1971 and have been dating my USA girlfriend since 2017. She is a permanent resident of USA since she was 6 years old (43 now) and has a 20 year old son (US citizen). I have visited her in the states, 3 times and she has visited me in Canada 4 times. I want to sponsor here and have here live with me and have some questions.

1. Am I able to sponsor her under the conjugal relationship catagory?
2. Does it matter that we never got married? We prefer common-law and covid prevented that
3. Is the sponsorship easy enough to do on your own or do you need to hire someone?
4. Under what grounds may they deny it?
5. I understand it costs around $1500 to sponsor, if they deny it do you get refunded?
6. If I sponsor her does that make her a Canadian permanent resident or citizen?
7. How long does the process take?
8. Once we apply is she free to stay with me as long as a visa may allow? 6 months I think?

Thank you so much for taking the time to read my questions.

1) No. You need to either get married or live together for a year continuously to become common law before you will be able to sponsor her. You face no immigration barrier to getting married or becoming common law and for this reason don't qualify for conjugal.
2) See above. You don't have to get married. But then you do need to live together continuously for one full year to become common law. Visiting each other doesn't count.
3) You can do it yourself.
4) Well if you apply as conjugal, you'll be refused. You need to go either the marriage or common law route.
5) Only partially
6) PR
7) Around 12 months
8) She can continue to visit temporarily. Submitting the application doesn't give her any special rights as a visitor.

 

[Spartan69]

Thank you very much for the quick reply

1. I thought Covid was acceptable as an immigration barrier? What defines the barrier?
2. How does she live with me for 1 year? She wouldnt be able to work, correct? Can she stay for a whole year?

Thanks

 

[scylla]

Thank you very much for the quick reply

1. I thought Covid was acceptable as an immigration barrier? What defines the barrier?
2. How does she live with me for 1 year? She wouldnt be able to work, correct? Can she stay for a whole year?

Thanks

1. Impossible to get married. Impossible to live together for one full year to become common law. A good example would be a same sex relationship where one partner is in the Philippines and has been refused a TRV to come to Canada. Impossible for them to get married in the Philippines (no same sex marriage allowed there). And the partner can't travel to Canada to get married or live together here (due to the refused TRV).
2. She would effectively live in Canada for a full year as a visitor in order for you to achieve common law status. Correct, she will not be able to work unless she is able to find an employer who is willing to give her a job offer and go through the LMIA process.

 

[armoured]

In what way impossible for you to travel there? No government ban on Canadians entering USA, as far as I'm aware.

Even for her to enter Canada, there is now a category for those in exclusive relationships (and has been for some time) under which she may apply to enter:
https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html#extended

 

[Spartan69]

I thought she would have to be the one to visit here to either marry or live, if she is to be sponsored by me.

 

[armoured]

I thought she would have to be the one to visit here to either marry or live, if she is to be sponsored by me.

As noted in my post, she could visit you anyway. (And note the bar is quite a lot higher to demonstrate that it's impossible, i.e. until she applied and was refused, you would not have a case for conjugal)

At any rate: consider the conjugal possibility closed - you do not qualify. If you really want to try it, go ahead - you'll be refused. Or hire a $$$ lawyer and see what they say.

Your best practical route is to marry, unless you and your partner can handle the long period to establish common law and then apply.

 

[Spartan69]

Well its not what I wanted to hear but thank you for the advice.
Not sure if it helps but she has had both vaccine doses for Covid. Lets say she comes here in June and we get married here in Saskatchewan.
Does this:
1. Automatically make her a permanent resident? If not, guarantee the approval process once we apply?
2. Give her any extra rights to prolong her stay?
3. Give her any rights to work or health coverage in canada? Or do these only come with PR status?
4. Does this help with getting a work permit?

Thanks

 

[armoured]

Start here to read up and get informed about the process:
https://www.cic.gc.ca/english/information/applications/spouse.asp

Also here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5525-basic-guide-sponsor-your-spouse-partner-child.html

1. No, have to apply just like any other sponsoring couple. Process can take ~12 months (can be quicker, though). Not guaranteed but typically not refused if relationship is genuine.
2. She can apply to extend her stay. Not that common for such requests to be refused, but not a right.
3/4. If she applies 'inland' (remaining in Canada), can submit a request for open work permit at same time. That used to take 4-6 months before covid, don't know now. I believe health care coverage can be requested once she begins working, but I don't know much about that (possibly details vary by province?).

Note for 'inland' expectation is the applicant remains in country throughout the process. 'Outland' does not provide possibility to work, but doesn't necessarily mean the applicant is outside of Canada during the entire process.

For info, here's the part from the immigration act that refers to conjugal partner: "For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person." (I put this here to make clear that the intent - persecution or penal control - sets quite a high bar; the implementation of the act in practice is more nuanced, but still clearly does not fit your case)

 

[Spartan69]

Thank you again for this I really appreciate the help.

 

[armoured]

Thank you again for this I really appreciate the help.

Good luck. Just to flag, she will need to include her son, as non- accompanying dependent, in most cases. (Or as accompanying if he wishes to immigrate )

Apart from taking medical and biometrics, it does not commit him to anything.

You can read up on that in due course.

 

[Spartan69]

Good luck. Just to flag, she will need to include her son, as non- accompanying dependent, in most cases. (Or as accompanying if he wishes to immigrate )

Apart from taking medical and biometrics, it does not commit him to anything.

You can read up on that in due course.

He most likely will stay in the US.
Thought of a few more questions if you dont mind.
Considering we get married this june
1. Is it best for her to apply for the work permit while she is here on vacation and then stay and wait? Or does she go back and wait?
2. Does she have to stay here for the 12 months for applying for permanent residence? Or do we apply and she goes back and wait?
3. In terms of her losing her US green card, if she stays longer than 6months in canada I read she may lose her permanent residence status. If this happens does this mean she's without a country while waiting on the Canada approval?
4. Is it best for her to voluntarily give up the US green card?
5. If she gives up the green card can she still go back to visit her son? If so can she only do that after she gets the Canadian permanent resident card?
6. what would you recommend? I know tough question.

Thank you

 

[armoured]

He most likely will stay in the US.

I raised the issue early to give you and your spouse time to plan in advance. If you apply for him to come to Canada, he basically will have the possibility to come and become a PR with your spouse. Or think about it for at least a few years. If you do not, and he decides later he is interested, it can be too late and your spouse will not be able to sponsor him. (Can only be sponsored under age 22).

1. Is it best for her to apply for the work permit while she is here on vacation and then stay and wait? Or does she go back and wait?
2. Does she have to stay here for the 12 months for applying for permanent residence? Or do we apply and she goes back and wait?

If you decide to go the Inland route and apply for the open work permit, it basically means her staying in country. (I believe short trips to home may be possible but I do not know as much about the inland process.) If outland, she can return to the USA and even return to Canada for visits (including lengthy stays - but no open work permit.

3. In terms of her losing her US green card, if she stays longer than 6months in canada I read she may lose her permanent residence status. If this happens does this mean she's without a country while waiting on the Canada approval?
4. Is it best for her to voluntarily give up the US green card?
5. If she gives up the green card can she still go back to visit her son? If so can she only do that after she gets the Canadian permanent resident card?

I know nothing about the US green card requirements. Presumably she keeps her original country passport. (Note - I have not paid much attention here to the issue of what her original nationality is - I've sort of been writing as if she had US citizenship. So please check carefully things like visa requirements - I guess US permresidents enter Canada without a visa?). Sorry, just don't know much about that.

6. what would you recommend? I know tough question.

You'll have to do your own research and decide on the best path based on what you both want and her own specific situation eg with son, etc. Subject to the green card issues about which I know little, inland/outland are relatively similar for your case - mainly the open work permit difference - but the details might matter to her quite a lot.

So far, the only parts I'm comfortable saying 'recommend' is that marriage is a far quicker and more practical route for you, and that even if the son is currently planning to remain in USA, including him in the app should be looked at seriously (because options for him to immigrate later will close). If the son does get included he could (for example) study in Canada as a domestic student at domestic tuition fees; once he turns 22, he cannot be sponsored. (And if not included in your partner's PR app even as non-accompanying he can never be sponsored)

 

[Spartan69]

I was mistaken he is 25 years old.
1. so if she stays after marriage, she has a better chance at the open work permit?

 

[armoured]

I was mistaken he is 25 years old.
1. so if she stays after marriage, she has a better chance at the open work permit?

Okay, never mind the stuff about the son.

Again, encourage you to look at the materials: there are two different processes, inland and outland. Under an inland application, one can apply for an open work permit at the same time/as part of the package. The inland process presupposes that the applicant will remain in Canada throughout the process. An inland applicant who leaves can have the application cancelled by IRCC. (I understand for eg a US resident short trips may be acceptable, don't know details on this). Practically the inland applicant must reside in Canada throughout.

Under outland process, there is no possibility for an open work permit - ability to work limited until PR status finalized. Applicant can leave/depart/visit as much as border officers permit.