Getting Married - Already Living in CA

[earcher124]

Hello,

I haven't found a solution to my exact issue, so I'm making a thread about it. My apologies if this has somehow been covered.

I am currently in Ontario on a Temporary Resident Visa (DUI just under 10 years ago) and a Work Permit for three years at my current company.

My fiancé and I have been dating for about three years, engaged and living together for about 4 months now officially. I have been in Ontario since November 1, 2017.

We are hoping to get married here in Ontario. I am so lost on what the process would be for that (do we need special paperwork, are there specific steps to take). I came here to work, but now that I'm here we want to get married, so I didn't necessarily come for that.

Once we are married, does this make my PR process different? I just want to make sure we are doing everything correctly and not breaking the law in any way as I don't want to jeopardize my work permit.

Also, he had a bankruptcy so if I understand correctly, he can't sponsor me.

Advice/thoughts/questions welcome!

 

[Rob_TO]

Hello,

I haven't found a solution to my exact issue, so I'm making a thread about it. My apologies if this has somehow been covered.

I am currently in Ontario on a Temporary Resident Visa (DUI just under 10 years ago) and a Work Permit for three years at my current company.

My fiancé and I have been dating for about three years, engaged and living together for about 4 months now officially. I have been in Ontario since November 1, 2017.

We are hoping to get married here in Ontario. I am so lost on what the process would be for that (do we need special paperwork, are there specific steps to take). I came here to work, but now that I'm here we want to get married, so I didn't necessarily come for that.

Once we are married, does this make my PR process different? I just want to make sure we are doing everything correctly and not breaking the law in any way as I don't want to jeopardize my work permit.

Also, he had a bankruptcy so if I understand correctly, he can't sponsor me.

Advice/thoughts/questions welcome!

You will need to apply for rehabilitation for your DUI if it hasn't yet been 10 years since the completion of any sentence you were given. You can start this process immediately. https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

The rule around bankruptcy is that the sponsor can't currently be going through the bankruptcy process. Once they are fully discharged and bankruptcy is complete, they are then eligible to be a sponsor.

Getting married in Ontario: https://www.ontario.ca/page/getting-married

Once you get married, and your spouse is discharged from bankruptcy, and you have rehabilitation app approved, you can then apply for PR with a family class app. You may be able to start it while rehab process is ongoing, i'm not sure on this.

 

[earcher124]

So, the 10 year mark will have passed by the time I get married (when I got my TRP it had been 9 years and 9 months, so it's basically been 10 years now), so I no longer need the rehabilitation application, correct?
Let's say my spouse is still going through bankruptcy for several more years and can't sponsor?

 

[Rob_TO]

So, the 10 year mark will have passed by the time I get married (when I got my TRP it had been 9 years and 9 months, so it's basically been 10 years now), so I no longer need the rehabilitation application, correct?

Right, if the charge was for something considered minor (so with less than a 10 year max sentence), and it's been 10 years starting from the completion of any sentence (so paid all fines, probationary period or community service completed, etc), then you would be automatically deemed rehabilitated. Info in the link I posted above.

Let's say my spouse is still going through bankruptcy for several more years and can't sponsor?

Sponsor would be ineligible until they are fully discharged from the bankruptcy.

A typical bankruptcy should only last 9 months. If it's a 2nd or more bankruptcy, if you have surplus income, you didn't follow the terms of the bankruptcy, a creditor opposes and challenges it, etc etc that may extend it up to 2-3 years.