Court marriage or Common law? Help me!

[sreenathvs]

I hope that you can give me the best advice in my situation. PLEASE and THANK YOU..

I need advice for my marriage. I am on student visa which expires in August 2015 and i got my post graduate work permit that will be expiring in December 2015.
I am living with my girlfriend from May 2014. (please note she had been sponsored-PR and got her divorce in 2013). We would like to do court marriage and apply for the sponsorship (in land)
1. Is it must that both parents should be here in Canada for the reception party after court marriage?
2. As we are already living together, is it better apply in common-law-partnership?
3. If we go with the common-law can we change our status as "married" later?
4. After applying, when my work visa expires do i need to go back to india and wait for the approval?
5. We would like to live together and make our family, Please suggest the best way for us to stay together.

Thanks

 

[scylla]

When did your girlfriend become a PR? If she was sponsored for PR by her former spouse, then she is prohibited from sponsoring you until 5 years from the date she landed in Canada and became a PR.

 

[sreenathvs]

She got PR in 2011 July. Then I have no choice, right?

Anyway thanks a lot for the advice.

 

[scylla]

If she became a PR on July 2011 through spousal sponsorship then the earliest she can sponsor you is July 2016.

 

[surleplateau]

Other people gave you advice about the restrictions on a sponsor who was previously sponsored herself.

So here are some responses to your other questions:

1. Is it must that both parents should be here in Canada for the reception party after court marriage?

There is no "rule" about what receptions or weddings are like. Of course, traditionally we expect to see both sets of parents at important family events like weddings, however, it is understandable if this is not possible because of restrictions due to health, travel, money, job, or even just bad relationships between the family members.

It is also not unheard of to have more than 1 reception. Some people have one for each side of the family, or a separate one in their small hometown/village, etc.

If both parents are not present, you should just explain why in your documents. For example "My parents were unable to attend our reception due to my father's ill-health, his doctor recommended that he not travel, and my mother had to stay to take care of him." or "they were unable to obtain a visitor visa to enter Canada" or "they did not have sufficient funds for airfare." I think as long as their absence is explained, CIC would understand.

2. As we are already living together, is it better apply in common-law-partnership?

Since it appears that your gf cannot sponsor you until July 2016 according to another poster, I suggest you use the time to make sure you guys have a solid relationship. It you cannot provide enough documentary evidence of being 12-continuous months of cohabitation, then maybe you should get married and skip the common-law union.

However, your partner must remember to file her relevant taxes as common-law if that status applies to her for tax purposes!

3. If we go with the common-law can we change our status as "married" later?

Yes. Being common-law does not prevent a couple from getting married later if they choose.

4. After applying, when my work visa expires do i need to go back to india and wait for the approval?

5. We would like to live together and make our family, Please suggest the best way for us to stay together.

You may be able to apply to change your status to Visitor Visa and request to Extend Your Stay (I'm not sure if it matters that you have a Post-Grade work permit...). If you can do it (use the Eligibility online questionnaire on the CIC website: http://www.cic.gc.ca/ctc-vac/getting-started.asp), you should apply for this extension at least 30 days before your current status expires. I'm not sure if that means before your study permit expires or before your post-grad work permit expires. You'll have to look into that. I'm only making a suggestion, but I'm not sure how likely it is for your situation.

By the time July 2016 comes around, you and your gf will have been a couple for 2 years, regardless of your being in Canada or waiting in India for a while..., so you should be able to provide CIC with plenty of proof that you are in a genuine, long-term relationship.

 

[sreenathvs]

Thank you much for your time and valuable advice.

According to the current situation I have to go back to India on Dec 2015, when my work permit expires.
One lawyer told me that to remain in Canada I need to get a job with LMO then only I can apply for extension. Is that right?

 

[surleplateau]

I do not think you can get an extension on your Post-Grad Work Permit, however, you should look into the possibility of changing your status (at or near the end of your current status) to Visitor and request a Visitor Visa at the end of your PGWP. So when your work permit ends, you would not be able to work with a visitor visa, so you would have to be supported by your partner (or by your own funds).

Here is a post from 2012 that is similar to yours, so rules may have changed since then: http://www.canadavisa.com/canada-immigration-discussion-board/changing-status-from-graduate-work-permit-to-visitor-visa-t102076.0.html

The lawyer you talked to was explaining how you can stay and work in Canada. I can only offer a suggestion to change your status to visitor and stay as a non-working, temporary visitor (for the purpose of staying with your partner and then applying for PR once you guys become eligible).

 

[sreenathvs]

Yeah I agree with you. Now the only hope to remain in Canada is to get a job with LMO I guess . thanks

 

[Ponga]

She and her ex husband came to canada together with PR. She is not sure if she is sponsored or not. Is there any way she can know if she is sponsored or not?

She can look at her CoPR document and she what it tells her.