Getting fiancee into Canada on TRV before spousal sponsorship

[mars_m]

Background:
1. I am planning to move to Canada as a PR to settle down (WIP).
2. My fiancee is not a PR so she needs a TRV and she will probably come a month or 2 after me.
3. The plan is that we will get married some time after she enters the country on TRV and so I can do an inland sponsorship application for her.

Now the main problem - How to obtain the TRV and enter Canada:
1. We cannot prove our common law status even though we live together for more than a year. - I rent and all bills are paid by the owner and it's in the owners name. There is no rental contract since it's under the table.
2. Knowing this, the best option we can think of is to say she will be going to Canada on a short trip (1 week) so we can get the visa then enter Canada. Should we hide our relationship at this point?
3. I am worried this will cause some complications when I apply for spousal sponsorship - technically we lied about the purpose of visit for my fiancee.

Any better idea on what I should do? I cannot get married earlier to avoid complications on my PR application.

Thanks in advance!

 

[canuck_in_uk]

1. We cannot prove our common law status even though we live together for more than a year. - I rent and all bills are paid by the owner and it's in the owners name. There is no rental contract since it's under the table.

As you are already common-law, YOU MUST INCLUDE YOUR PARTNER IN YOUR APP. Not doing so is misrepresentation and can result in your app being refused and a 5 year ban from Canada.

If you lie and don't include your partner, you will then have to lie again to sponsor them. There is the risk of refusal and a ban for your partner AND CIC may decide to revoke your PR status.

 

[mars_m]

As you are already common-law, YOU MUST INCLUDE YOUR PARTNER IN YOUR APP. Not doing so is misrepresentation and can result in your app being refused and a 5 year ban from Canada.

If you lie and don't include your partner, you will then have to lie again to sponsor them. There is the risk of refusal and a ban for your partner AND CIC may decide to revoke your PR status.

I understand your point but going by the definition of common-in-law partner, we technically qualify but there is no way we can prove it with supporting legal documents other than giving a statutory declaration.

(Based on what constitutes as "evidence of living together" to the Canadian government : http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=347&top=14)

 

[canadianwoman]

This is a common problem: the couple does not have enough evidence to prove common-law for sponsoring a partner, but because they have been living together for one year or more, CIC will expect the partner to be listed on the application.

The best thing to do is to include her as your common-law partner on your current application. She will then have to get a medical. If CIC then says, sorry, there is not enough proof you are common law, you have still kept open the possibility of sponsoring her later, after you get married.

If you decide to apply as single, you cannot say you were living with her for one year or more later when you try to sponsor her. If, after you get married, you try to sponsor her and say that you were living together for one year or more before you became a PR, she will be denied, your PR will be at risk, and you will never be able to sponsor her. I don't advise lying on the forms - there is some chance CIC will find out.

 

[S_and_C]

I would think that if your PRV is in process, you can contact CIC to inform them that you want to add your new fiancé to your application because you want to sponsor her in future, whenever that may be. Then focus on getting a TRV and just have her visit you, but as I found out early on, getting a TRV for a fiancé/common-law/spouse will get extra scrutiny to ensure ties to her home country are very strong. There are a few threads on here talking about TRVs for spouses which gives some good tips on applying for those.

 

[CDNPR2014]

I would think that if your PRV is in process, you can contact CIC to inform them that you want to add your new fiancé to your application because you want to sponsor her in future, whenever that may be. Then focus on getting a TRV and just have her visit you, but as I found out early on, getting a TRV for a fiancé/common-law/spouse will get extra scrutiny to ensure ties to her home country are very strong. There are a few threads on here talking about TRVs for spouses which gives some good tips on applying for those.

fiance's can't be added to applications. only married or commonlaw spouses can be added. if a person is engaged, they aren't eligible for sponsorship until after getting married. if the person gets married before landing as PR on another type of application, they must add that person to the application before landing or they will be banned from future sponsorships.

 

[S_and_C]

fiance's can't be added to applications. only married or commonlaw spouses can be added. if a person is engaged, they aren't eligible for sponsorship until after getting married. if the person gets married before landing as PR on another type of application, they must add that person to the application before landing or they will be banned from future sponsorships.

Oh, I see, thanks for clarifying. So really he should add her to his app now as a common-law spouse, and if he has trouble proving common-law then it's best to get married before applying for PRV. Best to be truthful and as detailed as possible and full explain why you have little proof, but focus on other means of proving like letters from parents/friends attesting to the relationship would help.

 

[canadianwoman]

Add her as your common-law partner to the application now. If CIC does not think you have enough evidence to prove common-law, at least if she has been examined, and has had the medical, she can be sponsored later.

If you don't declare her now, CIC will most likely refuse your sponsorship of her later because you didn't declare her now.