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Family Class Sponsorship - Immigration Questions

pjchels

Newbie
Jun 23, 2015
5
0
Hi,

I have a few questions regarding evaluating whether I want to take the Express Entry approach or apply to be a PR in Canada via a partner sponsorship. To give you a bit of background about myself along the lines of the Express Entry Questionnaire: I am a 23 year old (citizenship India), received by Bachelors Degree in Mechanical Engineering (Double Major in Applied Math) and graduated in May 2013 from the US. Since then, I have worked in the US under OPT and OPT STEM at various roles in IT as a Business Analyst for a large financial institution. Unfortunately, I was unable to be picked in the lottery for the H-1B visas although my company tried to process this under premium processing. I will have reached 2 years of work experience on 7/31. I am a Native English speaker, and I am not too concerned about taking the IELTS test for English proficiency. I have been applying for jobs in Canada, but unfortunately have not had much traction with this as yet, but I am still trying.

My partner and I have dated for the past 3 years and she is a Canadian citizen (we have known each other since we were 11 years old). When I was looking at the immigration website, I saw that there was a family sponsorship approach. I believe that my partner and I fit within the "conjugal partner" category, as we have been together longer than a year and have had difficulty staying with each other due to immigration constraints. She attempted to find a job in the US and even lived with me for 4 months in New York, but unfortunately, she was unable to find one and had to move back to Canada. She currently stays in Calgary, but graduated from University of Toronto in April 2013.

I am having difficulty evaluating between applying for Express Entry or through the family sponsorship avenue. My preference would be the quickest method (as my immigration status in the US is due to expire on 12/11), but I would like to understand the merits and benefits of each approach. I saw on the CIC website that there was a pilot program introduced that allows people in the second method (family sponsorship) to be granted an open work permit while their permanent residency application is processing. This would be very beneficial to me as it would enable me to find work in the meantime.

How do you recommend I approach this?
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
pjchels said:
I believe that my partner and I fit within the "conjugal partner" category, as we have been together longer than a year and have had difficulty staying with each other due to immigration constraints.
To make your decision easier, you do not qualify as conjugal. You need to show more than it just being "difficult" to get married or live common-law, you need to show a real immigration/legal barrier. So this means having visas rejected, being in a same-sex relationship in region where that marriage is not allowed, or being previously married and in a country with no divorce allowed. However none of those things apply to you. You guys could get married anytime you wanted in either USA, India or Canada or some other country. So for that reason, conjugal will not work and would most likely result in a long processing time followed by a rejection.

If you want to apply through family class anytime soon you would basically need to get married first. Then if you come to Canada as a visitor and apply for PR INLAND as a married couple, you can also apply for your Open Work Permit at the same time which takes approx 4 months to process. During the entire inland processing time of approx 2 years you should plan to not leave Canada for any reason.
 

pjchels

Newbie
Jun 23, 2015
5
0
Thank you so much for your response - that does make things a little clearer for me. In response to your point about visa/immigration barriers, would a rejected H-1B visa decision be valid for one of those claims? Or do you mean for my partner - would she then have an issue with proving that she tried to settle down with me?
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
pjchels said:
Thank you so much for your response - that does make things a little clearer for me. In response to your point about visa/immigration barriers, would a rejected H-1B visa decision be valid for one of those claims? Or do you mean for my partner - would she then have an issue with proving that she tried to settle down with me?
No a rejected H-1B visa does not qualify as an immigration barrier. It is not even to Canada. The main point here is there is absolutely nothing stopping you from getting married if you wanted to, other than your personal choice. This is true whether you stay in the USA or need to return back to India after your current visa expires.
 

allah amar rob

Star Member
Jun 23, 2015
68
0
MY hubby(sponsor)got an email today requesting proof of employment from Singapore visa office.and they just gave 60 days for submitting it.he already got approved this june.All my worry is he is unemployed right now.and we can't arrange that.I think they are going to refuse it.because they have mentioned that failure to comply may result in the refusal of your application.guys plz help me.what should I DO???? :( :( :(