Bringing American GF to Canada

[silky28]

Hey all,

I am a Canadian who wants to bring my American girlfriend and 1.5 year old child to Canada, Ontario specifically. Our relationship has now surpassed 5 years but we have never lived together because we were both in university. She is now finished, I am moving in a PhD program and now we want to live together. What would be the best way to proceed? We are not yet ready to get married and do not want to do it just for immigration purposes. Would this situation suit the 'Conjugal Relationship Visa'?

 

[Rob_TO]

Hey all,

I am a Canadian who wants to bring my American girlfriend and 1.5 year old child to Canada, Ontario specifically. Our relationship has now surpassed 5 years but we have never lived together because we were both in university. She is now finished, I am moving in a PhD program and now we want to live together. What would be the best way to proceed? We are not yet ready to get married and do not want to do it just for immigration purposes. Would this situation suit the 'Conjugal Relationship Visa'?

You definitely do NOT suit the conjugal relationship requirements. There are no legal barriers to you getting married, and no immigration barriers to either of you staying in each other's country to reach 12 months of cohabitation for common-law.
It's your personal choices not to get married, and not to live with each other previously due to school.

She can come to Canada as a VISITOR to start the 12 month clock of cohabitation to common-law qualifying.

Only after becoming common-law or getting married, can you then apply to sponsor her for PR under family class.

Aside, note that although you aren't yet common-law to CIC, you WILL be common-law to CRA for income tax purposes as soon as you start living together (since you have a child in common) even if she's here as a visitor. CRA rules for common-law are different from CIC.

 

[BeShoo]

We are not yet ready to get married and do not want to do it just for immigration purposes. Would this situation suit the 'Conjugal Relationship Visa'?

If you are not ready to get married, you are probably disqualified just because of that. You must be in a committed, permanent relationship before you can apply.

Also, if you get married just for immigration purposes, that marriage is not valid to the immigration people.

 

[Skanda]

If you are not ready to get married, you are probably disqualified just because of that. You must be in a committed, permanent relationship before you can apply.

Also, if you get married just for immigration purposes, that marriage is not valid to the immigration people.

Its an individuals wish whether to get married or not. They cannot be disqualified for it. But yes they have to find some other way to immigrate.

 

[Amalthea]

Its an individuals wish whether to get married or not. They cannot be disqualified for it.

What? CIC specifically states that you must be in a marriage-like level of commitment. Canadian Immigration is not open to fiances, boyfriends or girlfriends.

 

[Skanda]

What? CIC specifically states that you must be in a marriage-like level of commitment. Canadian Immigration is not open to fiances, boyfriends or girlfriends.

You mean to say common law applicants are rejected because they do not want to get married ?

 

[Amalthea]

You mean to say common law applicants are rejected because they do not want to get married ?

No, of course not. But common-law applicants have to prove that they are in a marriage like level of commitment, not just boyfriend and girlfriend.

 

[Amalthea]

Silky28,

If you are able to get married but choose not to, a conjugal application has an incredibly high chance of rejection. It's not a 100% requirement and some conjugal apps in this situation may get through successfully, but the vast majority will fail.

See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.45. What is a conjugal partner?
If a Canadian and a foreign national can get married or can live
together and establish a common-law relationship, this is what they are expected to have done
before they submit sponsorship and immigration applications.

for these individuals, marriage is usually not an available option. The conjugal partner category is mainly intended for partners where
neither common-law partner status nor marriage is possible

Because the other option – marriage – is not available to these couples,

Also in the same manual,

People who are dating or who are thinking about marrying or living together and establishing a common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live together to “try out” their relationship.

 

[Skanda]

No, of course not. But common-law applicants have to prove that they are in a marriage like level of commitment, not just boyfriend and girlfriend.

So a couple can not want to get married and still prove that they have a marriage like level of commitment. Which is what common law applicants do.
So what is wrong with my statement ?? CIC does not disqualify people because they don't want to get married.

 

[canadianwoman]

Would this situation suit the 'Conjugal Relationship Visa'?

NO.An American and a Canadian have no immigration barrier that prevents them from either getting married or living together long enough to become common-law (12 months). Don't waste your time and money on a conjugal application.

Your girlfriend can visit Canada. Note she should be clear she is just visiting when the border agents ask. She will probably be allowed in for six months. This time can then be extended. If you live together, gather proof right from the start - a joint lease and both names on the utility bills for a full 12 months is the ideal.
However, while she is visiting, she cannot work.

 

[Amalthea]

The OP stated that they were not ready for the commitment of marriage. I'm sorry if I'm misunderstanding your comment! I thought you were saying it's okay to not be in a marriage-like level of commitment, like what is expected of common law applicants, since you were disagreeing with BeShoo who was clarifying that you must be in a permanent, committed relationship - not just testing the waters. The OP said they were not ready "Yet" to get married. BeShoo never said that they have to get married, but they certainly don't qualify for common law as they have never lived together. My mistake, I seem to have misinterpreted your comment. You will certainly not be denied merely for choosing not to get married as common law.


OP, you can either find a way to live together for 12 months (which means you trying to get a visitor visa extension in Canada before your 6 mos expires) to qualify for common law, and then apply Outland and waiting another 6-10 months for PR. Or you can get married and apply Outland from the states or within Canada, making sure you extend your visitor visa if necessary. You have options but sadly, there is no visa for fiances or bf/gfs.

 

[Skanda]

The OP stated that they were not ready for the commitment of marriage. I'm sorry if I'm misunderstanding your comment! I thought you were saying it's okay to not be in a marriage-like level of commitment, like what is expected of common law applicants, since you were disagreeing with BeShoo who was clarifying that you must be in a permanent, committed relationship - not just testing the waters. The OP said they were not ready "Yet" to get married. BeShoo never said that they have to get married, but they certainly don't qualify for common law as they have never lived together. My mistake, I seem to have misinterpreted your comment. You will certainly not be denied merely for choosing not to get married as common law.


OP, you can either find a way to live together for 12 months (which means you trying to get a visitor visa extension in Canada before your 6 mos expires) to qualify for common law, and then apply Outland and waiting another 6-10 months for PR. Or you can get married and apply Outland from the states or within Canada, making sure you extend your visitor visa if necessary. You have options but sadly, there is no visa for fiances or bf/gfs.

Read beshoo's comment again.

 

[BeShoo]

You mean to say common law applicants are rejected because they do not want to get married ?

This is the way it should be, but I remember hearing about common law applicants being refused because they do not want to get married. If I remember right, that case was appealed and the applicants were approved. In principle, people should be able to choose between a marriage and a common-law partnership, but if questioned, it depends how you explain it.

If you say that you are common-law instead of married because you are not yet ready for the commitment of a marriage, you could legitimately be refused. It's a fine line. As long as you consider your common-law partnership to be "of some permanence" and you have combined your affairs as you would in a marriage, everything should be fine, but as soon as you say you are common-law because you're not ready for marriage yet, you're wading deep into a grey zone.

The fact is that a common-law relationship is much more easily dissolved than a marriage, so it's easy to suggest that a marriage requires a higher level of commitment. There is a principle that you should be able to choose one or the other, according to your conscience, but it has caused trouble in the past.

 

[BeShoo]

One more characteristic defined by the court to be implicit in a "conjugal relationship" (which includes a common-law partnership, a conjugal partnership or a marriage):

• the relationship is more than a precursor, or plan, to share a conjugal relationship in future.

 

[Rob_TO]

All of the talk on conjugal here is a moot point. A US/Canada couple faces no immigration or legal barriers so a conjugal app is simply not possible (or at least has an incredibly high chance at being rejected).

It's not a requirement for a couple to get married, but in the case a couple simply doesn't believe in marriage and never intends to marry, then the only option is they must become common-law and apply as such.

In general proving 1 year of cohabitation as bf/gf, and showing things like sharing of finances and naming each other as beneficiaries, is usually suitable for establishing common-law. It's pretty rare that a visa office would accept proof of 1 year cohabitation, but still claim you are not a true common-law couple.