Getting married and wanting to apply for pr in Canada

[piuchaius]

Hi!

So I will be marrying my Boyfriend of 3 years soon, We have a 19 month old child together and have known each other for about 4 years.
He is originally from France but has studied here for Years now and was here on a working visa which expired.

I have been a citizen for almost 4 years and was a pr for 5 years. I want for my future husband to get his pr via me, and I have been reading and basically I would have to sponsor him for 3 years.

1)Does this mean that he will get his PR after 3 years?
2) Can he work during the process?
3) He lives in Canada with me and our child but would it be better for him to go to France and start his application there since it is quicker?
4) Could he apply to the embassy in France yet remain here in Canada?

Thank you!

 

[truesmile]

Welcome to the forum!

1). You sponsor him period. You are on the hook (as it were) for 3 years, should you separate and he goes on social assistance, that means you have to pay for it. He has a chance to get his PR as quickly as the posted timelines state that he will.
2). Only if you submit an "Inland" application (meaning he will remain in Canada the whole time) and ONLY after his application reaches Stage 1 or AIP.
3 & 4). That's an option worth considering. Yes, you are absolutely allowed to submit an "Outland" application (process through Paris VO), even if he remains in Canada. He cannot work until he gets PR, but could very well be much quicker. The application still gets sent to an address in Canada, and once you're an approved sponsor the application is forwarded to the appropriate processing office abroad.

Good luck!

 

[QuebecOkie]

1. He gets his PR as soon as the application process (consisting of you being approved as his sponsor - stage one - and him being approved as a permanent resident - stage two) is complete. He then must reside in Canada for 2 years out of any five year period to keep his PR status. As part of the sponsorship process, you promise to be financially responsible for him for three years following him gaining PR status. This means that if he draws social assistance during that time, even if you two were separated, you would be responsible for paying it back.

2. As truesmile said, if you apply "inland," he is eligible to apply for an open work permit (OWP) after stage one approval (also called "AIP," approval in principal). This may take as little as 6 months, or up to a year. (Timelines change a lot with CIC, you can never predict exactly how long any of this will take.) There is no work permit available if he applies outland, but Paris appears to be one of the fast VOs (visa offices), so he may be able to work just as quickly with an outland application, as it's possible to complete the entire process in the time it would take to complete stage one of an inland app.

3./4. You can submit an "outland" application while he is in Canada. Inland vs. outland isn't necessarily about where the applicant is during the process. It's about which VO is handling the application.

Note: marrying a Canadian/filing a PR application does not automatically grant him any status. You mention that his work permit has expired. You may want to take the steps needed (sorry, I'm no help there once a status is expired) to get his status current. Him being out of status is not necessarily a barrier to his PR application, but as I said, the PR app grants no status, and a lack of status could create major headaches.

 

[piuchaius]

Hi!! Thanks for your answers!

His work permit expired 2 years ago but he was in the midst of renewing it through his job but it has been almost two years and recently received an email stating that his file was being closed so we were like wtf lol.

If he has no pending visa as in no process of working visa can I start the application of sponsorship once married?
Or he shouldn't have any other kind of visa process during the application of sponsorship?

Also one more question would be, How long after we are married are we allowed to send the application?

Thank you so much!

 

[rhcohen2014]

Hi!! Thanks for your answers!

His work permit expired 2 years ago but he was in the midst of renewing it through his job but it has been almost two years and recently received an email stating that his file was being closed so we were like wtf lol.

If he has no pending visa as in no process of working visa can I start the application of sponsorship once married?
Or he shouldn't have any other kind of visa process during the application of sponsorship?

Also one more question would be, How long after we are married are we allowed to send the application?

Thank you so much!

whether he is has a work visa or not does not affect you sponsoring him as a pr through family sponsorship. you are applying under family sponsorship, not for work reasons. a work visa and family sponsorship are separate processes... the only reason they would have anything to do with eachother would be if you are applying inland and he applies for an open work permit along with your sponsorship application. even this is different than a general work visa.

you can file your sponsorship paperwork as soon as all of your paperwork is ready, so technically, if you have everything you need, you can mail it in the next day! the one item that can delay sending it in that quickly is getting your marriage certificate which takes some time to get legally filed. all paperwork must go together, or else your application will be considered incomplete and will be delayed until all paperwork submitted.

 

[QuebecOkie]

Any other pending visas won't affect his PR application. And yes, you can sponsor him as soon as you are married and have the application ready to send.

 

[piuchaius]

Ah okay awesome!
Thank you!

What is considered the minimum amount of earning money to be accepted as a sponsor?
Also, If I work for a company outside of Canada is that also considered by the government officials a stable job?

 

[QuebecOkie]

There is no income requirement. However, CIC will want to know that you will be able to support yourselves. If your Option C shows a very low income, or that you've only started working recently, you may want to address this preemptively so the agent working your file doesn't have to ask for a plan as to how you will support yourselves. A brief statement could suffice. I obviously don't know your situation, but something like:

I was a student for the past four years and therefore show little income for that time. However, I have completed my studies and have started a steady job paying X per year. Also, my partner and I have X in savings (statement attached. (Or perhaps) My parents have offered to help support us until my partner finds a job (letter from parents attached).

Just outline your plan for how you will support yourselves without social assistance and include any proof you might be able to produce.

 

[piuchaius]

Ah Ok! I started working again at the beginning of the year after taking a year and 3 months of to be with my newborn, so in that case I can write that down.

My woirk basically is in charge of the graphic design department of the company, the company is a Mexican company but I live in Canada and we communicate vias skype and webex. Will there be a problem of me being employed by an international company?
I was also wondering if lets say we are getting married in a month and a half and we start the process right now since we are common law we can still do it...Would it still apply the no income requirement?

 

[QuebecOkie]

I don't know much about the employment stuff on your end, but as long as you are employed legally, there shouldn't be any problems. Do you file Canadian taxes? I ask because you do have to include an Option C form from Revenue Canada (assuming you're not in Québec).

The only real difference between applying as a married couple and applying as a common-law couple is that common-law couples must be able to prove that they have been living together for at least 12 consecutive months.

 

[piuchaius]

Lol, I am in Quebec hahaha, and well I do file my taxes but since I was only employed this year in january it will be incuded in my 2014 taxes.

Proof like a signed bail or for example our 2012 taxes and 2013 taxes were filed as common law and our mail has been sent the same common adress for the past 2 years.