Getting Married - Questions

[bluediam]

Hi All,

I am new to this forum. I was searching for answers when I came across this forum.

We (me and my girlfriend are getting married). And I have some questions regarding that.

Since I wanted to get my PR on my own I applied for CEC lat year and as some of you might know there was CAP of 8000 which got filled and as a result I got my application back.

My PGWP expired a couple of weeks ago and I applied for extension (BOWP) thinking that I would eventually get AOR and so my extension will be approved. But since I got my application back the extension will not be granted. What I understand is that I am on implied status right now.

I have applied for express entry but the chances of getting invited don't look so good.

This has all took place over the last week or so..

I was talking to my girlfriend about all this and she said that we were going to get married anyway so might as well do it now and she could sponsor me.

I am still not sure about this idea as I always wanted to do it on my own. But if I consider taking this route I need answers to some questions which I am sure many of you experienced people who have gone through the process might know about.

My questions are:

1) My girlfriend (Canadian citizen) does she have to make a certain amount of income. As she is currently in school in her last semester plus she works as well. But she isn't making huge amounts of money by which I mean is that on family class sponsorship it requires for the sponsor to financially support the one being sponsored. I am concerned that she doesn't make a lot. I am the one who works and she is concentrating on school right now plus working part time.

2) CIC introduced the OWP program for candidates being sponsored. You can submit the application of sponsorship and OWP simaltaneously but the condition to qualify for the OWP is to have a valid temporary resident status. Will my implied status be recognized as a valid temporary resident status. If yes how will I prove my implied status. If no what can I do. My main priority is to be able to continue working. If I apply for change of status right now I will probably lose my implied status?

3) Once you apply for PR through family class sponsorship is it okay for you to travel outside the country. Because I have read information about it not being a guaranteed reentry in to Canada.

4) Any other information of how to go about family class sponsorship (or in this case getting married to a Canadian citizen) will be highly appreciated. Do we need to have a big wedding ceremony..do we have to have letter of support..pictures..all the stuff that I have read/heard about etc..Please excuse if these questions sound stupid as I never ever thought of the possibility of going this route let alone the fact that I might actually be doing it..I am kind of looking for information from A to Z which means from getting married to moving in together etc..Right now we live close to each other and spend most of our time together but we have our own addresses..

I really look forward to and will appreciate any responses. Thanks in advance!

 

[Ponga]

Are you sure you want to succumb to the Inland applicant vortex? Do you know that it's currently taking ~ 2 years + to get PR via the Inland route?

It's quite possible that applying Outland (which can be done, even if you are IN Canada) will be substantially faster for you. If you happen to be an American (for example), you could complete the entire process in ~6-7 months! The drawback, it that the OWP is not available to an Outland applicant.

*Edit*

Sorry, but I just re-read your post and need clarification on what you said here:

My PGWP expired a couple of weeks ago and I applied for extension (BOWP) thinking that I would eventually get AOR and so my extension will be approved. But since I got my application back the extension will not be granted. What I understand is that I am on implied status right now.


If your PGWP has expired and you got your CEC application back....you may not have implied status. Even if you do, because your BOWP has not been refused yet (but it will be), you would not have time to get married and submit an Inland sponsorship application anyway before losing your status.

You may soon find yourself out of status very soon!

 

[Kayaker]

1) As long as she's not on welfare it's ok. If she makes very very little money, she might want to show them her plans (for example, planning to live with her parents until you two find jobs, or smth like that) for how she and you will live after you get PR. Their main concern is that she or you two will be on welfare. Being a student is fine, even having no income is fine, as long as you two have a plan for the future.
2) not too sure, hope someone else can chime in
3) No, it is not advisable to travel outside Canada if you apply Inland. Even if it takes 2 or 3 years, you should not leave the country for that time. There is no guarantee of re-entry, and if by any chance, for any reason, you are denied re-entry, your application will be cancelled, without right of appeal. You will have to submit a new application. If you apply Outland, then you can travel as you wish. That's why most people will advise you to apply outland.
4) Yes, you will need proof of your relationship. Photos from various places and times will be the best proof. Photos from vacations and events, with friends and family, are great. You don't need a big wedding, but if a big fancy wedding is in your culture, you should explain why. (for example, you can say that she is still a student and you two don't have a lot of money.) If her family or your family cannot attend the wedding, you should explain why.

 

[bluediam]

Are you sure you want to succumb to the Inland applicant vortex? Do you know that it's currently taking ~ 2 years + to get PR via the Inland route?

It's quite possible that applying Outland (which can be done, even if you are IN Canada) will be substantially faster for you. If you happen to be an American (for example), you could complete the entire process in ~6-7 months! The drawback, it that the OWP is not available to an Outland applicant.

*Edit*

Sorry, but I just re-read your post and need clarification on what you said here:

My PGWP expired a couple of weeks ago and I applied for extension (BOWP) thinking that I would eventually get AOR and so my extension will be approved. But since I got my application back the extension will not be granted. What I understand is that I am on implied status right now.


If your PGWP has expired and you got your CEC application back....you may not have implied status. Even if you do, because your BOWP has not been refused yet (but it will be), you would not have time to get married and submit an Inland sponsorship application anyway before losing your status.

You may soon find yourself out of status very soon!

Thanks for your response

I am not sure overall about the family class sponsorship but after looking at all the options I've been advised to take this route if I have the option to

The whole purpose of taking this route is to hold my job. Hence Inland would be the only option for me

I have checked with various reliable sources and they confirm that I do have implied status. As far as running out of status is concerned I have till start of May 2015 for the implied status. If the marriage happens before end of February will it be possible.

 

[Ponga]

Thanks for your response

I am not sure overall about the family class sponsorship but after looking at all the options I've been advised to take this route if I have the option to

The whole purpose of taking this route is to hold my job. Hence Inland would be the only option for me

I have checked with various reliable sources and they confirm that I do have implied status. As far as running out of status is concerned I have till start of May 2015 for the implied status. If the marriage happens before end of February will it be possible.

Be VERY careful, because there have been several discussions/debates here regarding PGWP holders continuing to work under implied status. Most people believe that the implied status for these workers does NOT allow them to continue to work...only to remain in Canada as a visitor.

And...how do you calculate that early May 2015 date for implied status? If you get the official refusal of your BOWP tomorrow, your implied status would END tomorrow. What makes you think it will take until May to received the BOWP denial?

 

[bluediam]

1) As long as she's not on welfare it's ok. If she makes very very little money, she might want to show them her plans (for example, planning to live with her parents until you two find jobs, or smth like that) for how she and you will live after you get PR. Their main concern is that she or you two will be on welfare. Being a student is fine, even having no income is fine, as long as you two have a plan for the future.
2) not too sure, hope someone else can chime in
3) No, it is not advisable to travel outside Canada if you apply Inland. Even if it takes 2 or 3 years, you should not leave the country for that time. There is no guarantee of re-entry, and if by any chance, for any reason, you are denied re-entry, your application will be cancelled, without right of appeal. You will have to submit a new application. If you apply Outland, then you can travel as you wish. That's why most people will advise you to apply outland.
4) Yes, you will need proof of your relationship. Photos from various places and times will be the best proof. Photos from vacations and events, with friends and family, are great. You don't need a big wedding, but if a big fancy wedding is in your culture, you should explain why. (for example, you can say that she is still a student and you two don't have a lot of money.) If her family or your family cannot attend the wedding, you should explain why.

1) Plan can be like she plans to apply for such and such job and previously she has worked at such and such jobs? Since I am already working and have a reputable job I don't have to provide a plan?

3) I fail to understand this requirement. Why can't you travel outside the country..Is there a CIC link where it explain this or says that this is requirement. This is going to be very difficult as my family is out of Canada and I will need to visit..

4) Are all these things listed on the document checklist or are these things what people just attach without being requirements?

 

[bluediam]

Be VERY careful, because there have been several discussions/debates here regarding PGWP holders continuing to work under implied status. Most people believe that the implied status for these workers does NOT allow them to continue to work...only to remain in Canada as a visitor.

And...how do you calculate that early May 2015 date for implied status? If you get the official refusal of your BOWP tomorrow, your implied status would END tomorrow. What makes you think it will take until May to received the BOWP denial?

I appreciate you responding. But like I said I have confirmed with reliable sources one of them being CIC them self that I am in fact on implied status until I get the refusal.

I calculate May 2015 because the timelines are on the CIC website and the applications they are working on and what dates they were received

Its currently taking more than 3 months for getting an answer.

 

[Ponga]

1) Plan can be like she plans to apply for such and such job and previously she has worked at such and such jobs? Since I am already working and have a reputable job I don't have to provide a plan?

3) I fail to understand this requirement. Why can't you travel outside the country..Is there a CIC link where it explain this or says that this is requirement. This is going to be very difficult as my family is out of Canada and I will need to visit..

4) Are all these things listed on the document checklist or are these things what people just attach without being requirements?

3. It's suggested that all Inland applicants remain in Canada, because if you are refused entry (for any reason), and subsequent attempts to re-enter within a short period of time were also denied, your Inland application would likely be cancelled, since it is a requirement that you be IN CANADA during the process.

 

[Ponga]

I appreciate you responding. But like I said I have confirmed with reliable sources one of them being CIC them self that I am in fact on implied status until I get the refusal.

I calculate May 2015 because the timelines are on the CIC website and the applications they are working on and what dates they were received

Its currently taking more than 3 months for getting an answer.

Here's a good piece of advice. Do NOT assume that the Call Centre staff will give you the correct answer. It's a sad FACT that many, many, MANY (did I say many?) people have been given bad information/answers.

The issue for you is not so much in whether or not you have implied status...the issue is whether or not you can LEGALLY continue to work, while you await what will certainly be a refusal of your BOWP application.

*Edit*

The rules and/or requirements for working under a Family Class Sponsorship application are different than other types of work permits. This is what fuels the majority of the questions regarding people in your situation.

FYI, I'm not trying to rain on your parade; just trying to give you a head's up, because this is a very grey area here!

 

[bluediam]

Here's a good piece of advice. Do NOT assume that the Call Centre staff will give you the correct answer. It's a sad FACT that many, many, MANY (did I say many?) people have been given bad information/answers.

The issue for you is not so much in whether or not you have implied status...the issue is whether or not you can LEGALLY continue to work, while you await what will certainly be a refusal of your BOWP application.

Its on CIC's website as well.

My question was if and when I get married and apply for OWP with fam. class will my implied status be recognized for OWP application

 

[Kayaker]

1) Plan can be like she plans to apply for such and such job and previously she has worked at such and such jobs? Since I am already working and have a reputable job I don't have to provide a plan?

3) I fail to understand this requirement. Why can't you travel outside the country..Is there a CIC link where it explain this or says that this is requirement. This is going to be very difficult as my family is out of Canada and I will need to visit..

4) Are all these things listed on the document checklist or are these things what people just attach without being requirements?

1) To qualify as a sponsor, your future wife must prove that she has not been on welfare, and will not be. Your employment status is actually not a requirement for CIC. Sure, they want to know what you were doing, but you do not need to show them income or anything like that. Only she does.
3) To qualify as an INland applicant, the applicant must be IN Canada. If by any chance you are rejected at the border, then you are not IN Canada, but OUTSIDE Canada. You no longer qualify as an INland applicant because you are not IN Canada... Are you from a visa-exempt country? Or do you already have a multi-entry TRV? The chances of being denied re-entry at the border is relatively small if you are from a visa-exempt country, but it can still happen. If you need to apply for a visa to enter Canada, this is difficult. It is unusual for TRV to be granted to people who are married to Canadians or Canadian PRs, because it is hard to prove that you have stronger ties to your home country than to Canada where your spouse lives.
4) These things are listed on the document checklist as proof of genuine relationship.

 

[Ponga]

The rules and/or requirements for working under a Family Class Sponsorship application are different than other types of work permits. This is what fuels the majority of the questions regarding people in your situation.

FYI, I'm not trying to rain on your parade; just trying to give you a head's up, because this is a very grey area here!

 

[Ponga]

Its on CIC's website as well.

My question was if and when I get married and apply for OWP with fam. class will my implied status be recognized for OWP application

If I recall, the language is passive ("You may be able to continue working"), because it is NOT an absolute! If it were, it would say "You will be able to continue working".

Good luck!

 

[bluediam]

1) To qualify as a sponsor, your future wife must prove that she has not been on welfare, and will not be. Your employment status is actually not a requirement for CIC. Sure, they want to know what you were doing, but you do not need to show them income or anything like that. Only she does.
3) To qualify as an INland applicant, the applicant must be IN Canada. If by any chance you are rejected at the border, then you are not IN Canada, but OUTSIDE Canada. You no longer qualify as an INland applicant because you are not IN Canada... Are you from a visa-exempt country? Or do you already have a multi-entry TRV? The chances of being denied re-entry at the border is relatively small if you are from a visa-exempt country, but it can still happen. If you need to apply for a visa to enter Canada, this is difficult. It is unusual for TRV to be granted to people who are married to Canadians or Canadian PRs, because it is hard to prove that you have stronger ties to your home country than to Canada where your spouse lives.
4) These things are listed on the document checklist as proof of genuine relationship.

1) Understood. When she shows very minimal income would that be negative?

3)Point taken. I am not from Visa exempt country. This is the most difficult part in terms not being able to visit home country. There can be a number of serious reasons where you absolutely need to go. So you're saying when someone married to a Canadian citizen applies for TRV its not granted let alone having the visa and then denied entry.

3) I should look at the checklist. A link will be helpful. Sorry I am not lazy just looking for direction from people who know

 

[bluediam]

The rules and/or requirements for working under a Family Class Sponsorship application are different than other types of work permits. This is what fuels the majority of the questions regarding people in your situation.

FYI, I'm not trying to rain on your parade; just trying to give you a head's up, because this is a very grey area here!

I appreciate Ponga!

Absolutely. You hit the nail on the head - Grey area!

How can I clear this grey area..

Should I speak to a lawyer? While on the subject can people please recommend top lawyers for this situation (fam. class sponsorship)