Bringing my girlfriend over with aim for marriage

[NRSY]

Thank you so much ! Very helpful

I was able to get my boyfriends name added to my apartment bill (maintenance fees, and gas fees, water etc.) and they will issue backdated bills for the time period we have been living there..and both names will be on future bills, so that is definitely helpful!

 

[NRSY]

So sorry for all the questions Rob_TO... but last thing (for now :-[)
For something like monthly bills showing both of our names where all of the information is the same for each month except the numbers for gas usage and dates.. do I have to get each separate bill translated and notarized? Or is it enough to include all 12 to prove a year, but just get the first or last one translated and notarized? I feel like its a bit excessive to get all 12 of the same thing translated and notarized.. or is that something that CIC would want?

Thank you!

 

[vherpunzalan]

Here's my understanding about this scenario:

1. You are right that people of South Korea are visa exempt. So they don't need visa to come to Canada but only allowed to stay for 6 months.

2. I just wondered if you guys have anything conjugal? Do you have joint bank account or something like that for a year? If you do, even though you're not living together you can declare your girlfriend as your common law.

3. Another option, when she gets here. Look for a job so she can apply for a work permit and stay in Canada for at least 2 years and that would be enough for you to sponsor her as your common law if don't have number 2. After a year you guys can apply for PR and she can stay in Canada while the PR application process is on going.

4. If she cannot find a job within 6 months then I think she can apply for a visitor extension. You can go to www.cic.gc.ca on how to do and there's lots of information there too.

5. Student is another option but you're right too, it's gonna be really pricey.

6. The best that you can do, if you really love her, propose to her and marry her within 6 months(that if you are really sure with her), which I think you are. Then you can sponsor her.

Good luck!

 

[ll82]

So sorry for all the questions Rob_TO... but last thing (for now :-[)
For something like monthly bills showing both of our names where all of the information is the same for each month except the numbers for gas usage and dates.. do I have to get each separate bill translated and notarized? Or is it enough to include all 12 to prove a year, but just get the first or last one translated and notarized? I feel like its a bit excessive to get all 12 of the same thing translated and notarized.. or is that something that CIC would want?

Thank you!

did you end up translating and notarizing all 12 or just one?

 

[sokosan]

Hi guys,

Interesting reading so far...I am in a similar situation...as I cannot post a new topic it seems (guess I'm too new) I'll ask here.

I'm a Canadian citizen. I lived in Canada until 2009. Then I moved to Switzerland, and then, in 2013, to Serbia.

My girlfriend is from Serbia, and we've been in a relationship since 2008. Since 2013, when I moved to Serbia, we've been living together so legally we are in a common-law marriage.

Now, in September, I need to move back to Canada - temporarily (long story), for about 1 year. I would like her to come with me, or at least come at a later date (e.g. October, November) and stay with me most of the time.

The thing is - I don't intend to stay in Canada after that 1 year. Furthermore, she doesn't either...the only reason she wants to come is to accompany me, i.e. so we can stay together. We had a long distance relationship for almost 5 years and we don't want to return to that.

So far, the only thing I've been able to come up with is a PR sponsorship + TRV combo. An immigration lawyer told me that applications from Serbia are typically approved in about 5-6 months, so I figured I'd sponsor her for a PR, and in the meantime she would apply for a visitor's visa (she needs one) - this is called dual intent and is allowed. So this gap of 5-6 months would be mostly filled by the visitor's visa.

However I am having second thoughts about this plan. First, her TRV could be rejected while she is waiting for a PR (nobody can really guarantee one way or another), and second, now I see that on the CIC website the total processing time is given as 18 months for the relevant visa office...18 months from September I probably won't be in Canada anymore.

Now I see that it's possible in some cases to have a TRV valid for more than 6 months. This would be something I need...but how to get this? If I explain my situation to the visa officials, will they take it into account?

What I think that, in my case, I have in my favour, assuming someone actually judges the case on its merits:

- I haven't lived in Canada since 2009 and I even de-registered my tax residency. I visited once or twice a year to see my family (they also frequently visited me, so I didn't really have a reason to visit Canada more often), so I think my claim that I don't want to return permanently is credible
- I co-own a company I co-founded in Switzerland, and I am on its board, and in Serbia I was heading outsourcing operations for that company - so I think that shows I've credible ties to other countries
- I can explain, with some "official" confirmation, that I really expect to stay back in Canada for only 1 year (it's a specific situation)


On the other hand, the things going against me are

- I'm a Canadian citizen, so no one can really stop me from staying or sponsoring my girlfriend in the future, if they allow her in
- People change their minds, so I can always end up staying longer or permanently...it's not like this (the 1 year stay) was anticipated
- My parents and sister live in Canada, so one the other hand I've motivation to stay


The things my girlfriend has going for her, I think, are

- When I lived in Switzerland, she visited me all the time, but never longer than she was allowed as a visitor, she always went back - she has a very extensive and fully legal travel history
- She owns her own apartment in Serbia (where we both live at the moment)
- She can credibly explain what she intends to do in her free time in Canada (because I'm assuming she would not get a work permit)
- She has an extensive family in Serbia and motivation to go back

The things she has going against her are

- Well, #1 the fact that I can always sponsor her and that she therefore extend her stay in Canada for a long time once she is let in
- She will be just finishing her Master's degree in September, and is after that in the status of an unemployed person


So I don't know what to do at this point. A PR sponsorship is in the long term more or less a "sure bet", but 1) it might take too long be any good in my case 2) she might still be denied visitor's visas in the meantime 3) it seems like a giant waste of effort and money, both for us, and the Canadian taxpayer, since we actually DON'T want to stay in Canada permanently!

However, if she asks just for a visitor's visa while fully disclosing everything, she might be rejected because she might be deemed a "stay risk" since I'm Canadian and she is my spouse!

It looks like a Catch 22, some sort of Kafkian labyrinth - while at the same time both of us are honest and open and don't want to con the system or anything. I just want her to be with in Canada for 1 year!

Is there anything which can reasonably be done which does not involve a PR sponsorship, some type of conning the system or lying (I don't want to do that), and has a reasonable chance of success? Thanks!

 

[scylla]

There's unfortunately no easy answer.

Sponsoring her for PR doesn't make sense to me. It takes quite a lot of paperwork and will likely take you several months just to complete the application. The overall processing time will most likely be well under 18 months. However between the time it takes you to put the application together and the time it takes them to process it - you might be looking at next spring or summer before there is an approval. And as you've already correctly assessed, there is absolutely no guarantee she will be approved for a TRV - even under dual intent. Having a PR application in progress typically reduces the chances of a TRV being approved. No one can tell you what the chances are of the TRV being approved.

I would lean towards just applying for a TRV (not PR). You cannot ask for an extended TRV iin the original application - but you can certainly try extending it once she is in Canada (towards the end of her allowed visit). In the TRV application, you should minimize her connections to you and Canada - and emhpasize her connections to her home country and her ties to her home country. Additionally, I would probably limit how much you mention about your reasons for only being in Canada temporarily and your reasons for leaving after a year. It's really about her and the specific things that support her leaving after her visit is over (e.g. apartment, past travel history). She is only allowed into Canada as a visitor - so in the TRV application, you cannot be using language that makes it seem like what she is trying to do is find a way to live with you for a year.

Another option would be for her to apply for a study permit if she wishes to continue her studies in Canada. However she's too late for the September term - the earliest she would be able to start is January. She would need to be enrolling in another Masters or a PhD to be approved. A work permit is certainly another option. However the process takes many months and finding an employer willing to go through the process is extremely difficult.

 

[sokosan]

Hi scylla,

Thanks for the answer.

What I've been advised to do is to have her apply for a TRV without mentioning me at all - i.e. my sister invites her for a visit as a friend. And then we get married and do a PR application. Then she can stay until the PR application is processed, which from Canada takes about 2 years, which gives us more than enough time.

The problem with this is that there are also reasons she can be rejected (just finished studies, unemployed, officially then no spouse, children). Also, this is basically lying and conning the system, and I don't want to do that at all.

But even if we do it, the PR application could be rejected quite quickly because

a) If we then disclose the full history of our relationship to show its bona fide nature, she is revealed as essentially having lied on her TRV application. This is grounds for rejection of the PR application almost immediately, isn't it?

b) If we don't disclose our past, then we say we met in Canada and decided to get married in..a few weeks? This also looks dodgy, gives the appearance she is just marrying someone to get a residence permit.

As I said, the main reason I don't want to go that route is that's totally dishonest. But even ignoring that, it's unlikely to succeed.

Let's say then I do what you suggest: she tries to get a TRV minimizing her connections with me.

What length of stay does she ask for? If she asks immediately for 5 or 6 months, this is probably a red flag for the visa official. So the chances of her TRV being approved are better if she gives an intended short stay.

Hurdle #1: Immigration official on the border can limit her stay to exactly that amount of time. But let's say even that luckily passes, and she stays for 6 months.

Hurdle #2: Then she asks for an extension...on what grounds? How to explain she said she'd stay for e.g. 1 month but stayed 6 and now wants more?

It's ridiculous...

 

[scylla]

You should never lie in an application. She will have to declare her common law relationship with you. However I would focus the evidence on things that connect her to her home country (rather than you). I would include some evidence to show that you are only in Canada temporarily - but wouldn't over do it.

When applying for the visitor visa, I would ask for a visit length that is normal for a regular tourist (let's say a month or so). If she is approved, most likely she will be given a regular multiple entry tourist visa that allow her to enter and remain for up to six months (before applying for an extension to stay longer). How long she is actually allow to stay in Canada is all up to the CBSA officer she speaks to when she arrives in Canada. Unfortunatley it's impossible for any of us to guess what will happen. I would arrive with a return ticket for a month long trip where the return date can be changed (either for free or for a fee). Most of the time officers just stamp the passport and that means you're allowed in for the full six months. Time to time they stamp a specific departure date that is sooner than six month (even if you get one of these stamps you can still try applying for an extension).

 

[sokosan]

Yes of course as I said I don't want to lie...obviously.

Does anyone know how long TRV extensions take to process? The TRV itself is quite fast in the relevant visa office (21 days). If she gets allowed in for 6 months, then she must (if she wants to) apply for an extension after 5 months (30 days before expiry). Do these requests typically get resolved within these 30 days or does it take longer? Because if it takes longer, she has implied status. If she can get something like ~8 months altogether using the max. TRV + extension request...we can live with that.

Here:

(CIC website, can't post links for some reason)

It says that extension requests for visitors take 119 days (!!!) to process inside Canada. Does this mean she would have implied visitor status approx. 119 days (almost 4 months) from the extension request? That would be 8 months total then (6 + 119 days with an overlap of 30 days).