How do we get my American girlfriend eligible for PR Status?

[xTeeManX]

Okay so, my girlfriend and I have been in a long distance relationship for 3 years now.

She lives in West Virginia, and I live in Ontario.

We've talked about it a lot, and we've decided that we want to get married and start a family.

We want to have her come live with me here in Canada to get married within a month or so of her living with me, but we're not sure what steps we need to take in order to do that.

We've read that she needs to live with me for 1 or more years in order to be eligible to start the track to becoming a PR and then onto Citizenship.

Passport requirements say that she can only stay for 6 months, how is she supposed to reside with me for over a year to be eligible if she's only legally allowed to be in Canada for 6 months? We love each-other and really want to make it official.

I can't sponsor because I've been told that if you've been on social assistance in the past, you're not eligible to sponsor a spouse, even if you're no longer on social assistance. Help, please?

 

[KBH]

Hi,

Sounds like you've gotten some misinformation.

Living together for 12 months is only required if you're not married. If you're married, you don't even have to be living together at all in order to apply.

You can't sponsor if you are currently on social assistance, but you are fine to sponsor once you're off it.

 

[xTeeManX]

Hi,

Sounds like you've gotten some misinformation.

Living together for 12 months is only required if you're not married. If you're married, you don't even have to be living together at all in order to apply.

You can't sponsor if you are currently on social assistance, but you are fine to sponsor once you're off it.

The plan we want to do is during her 6 month visit (Passport limits) We're going to apply for marriage during that time, so, you're saying that if we do that, we won't have any issues?

Also, is it true that during the period of getting her PR and Citizenship, she can't go outside Canada at all for any reason? Not even to visit her parents or for a family emergency? Thats the one issue we're concerned about.

 

[niamahmoud]

The plan we want to do is during her 6 month visit (Passport limits) We're going to apply for marriage during that time, so, you're saying that if we do that, we won't have any issues?

Also, is it true that during the period of getting her PR and Citizenship, she can't go outside Canada at all for any reason? Not even to visit her parents or for a family emergency? Thats the one issue we're concerned about.

It should be fine if you apply for PR after you get married and she will be on implied status being in Canada till her PR processes.
And yes, she will not be allowed to travel if you are applying inland (PR application within Canada). It is one of the conditions that the primary applicant remain living in Canada for the duration of the application.

 

[Hurlabrick]

The plan we want to do is during her 6 month visit (Passport limits) We're going to apply for marriage during that time, so, you're saying that if we do that, we won't have any issues?

Correct. You will need to demonstrate that the marriage is genuine and tell your story etc. Provide photos etc. But should be fine.

Also, is it true that during the period of getting her PR and Citizenship, she can't go outside Canada at all for any reason? Not even to visit her parents or for a family emergency? Thats the one issue we're concerned about.

No, not true (but sort of!). If for any reason she leaves Canada and is refused re-admission to Canada, they could consider that she has abandoned her application and cancel it. If she takes a long trip outside of Canada, they may also decide that she has abandoned the application. But short trips outside Canada (a week or two) for reasons like you have given are fine.​

 

[niamahmoud]

Correct. You will need to demonstrate that the marriage is genuine and tell your story etc. Provide photos etc. But should be fine.

No, not true (but sort of!). If for any reason she leaves Canada and is refused re-admission to Canada, they could consider that she has abandoned her application and cancel it. If she takes a long trip outside of Canada, they may also decide that she has abandoned the application. But short trips outside Canada (a week or two) for reasons like you have given are fine.​

Provided she has a legal status to re-enter Canada.

 

[canuck_in_uk]

Also, is it true that during the period of getting her PR and Citizenship, she can't go outside Canada at all for any reason? Not even to visit her parents or for a family emergency? Thats the one issue we're concerned about.

If she applies inland, she is advised not to leave, as refusal of re-entry would lead to refusal of the PR app. If she applies outland, there is no risk to the app if she leaves, even if she is refused re-entry. American outland apps are processed very quickly, so you should seriously consider outland instead of inland.

She can most certainly leave Canada once she is a PR and while waiting to become a citizen. She just needs to be cognizant of the residency requirements.

 

[Hurlabrick]

Provided she has a legal status to re-enter Canada.

Good point.

I should have added that IF you apply for 'Inland Spousal Sponsorship', you can apply for an Open Work Permit (OWP) at the same time. The OWP takes 3-4 months to come through and once through, gives the applicant temporary residency (i.e. status) in Canada. The benefit is also that once she has this, she can work in Canada (but not before).

Alternatively, you can apply for 'Outland Spousal Sponsorship' (even if she is with you in Canada). Problem with that is that she would not be able to work until she is approved and has activated the CoPR (12 months or so).

 

[canuck_in_uk]

It should be fine if you apply for PR after you get married and she will be on implied status being in Canada till her PR processes.

Not necessarily. Implied Status is only granted when a person applies inland with an OWP. If they apply outland, they need to maintain status separately.

 

[niamahmoud]

Not necessarily. Implied Status is only granted when a person applies inland with an OWP. If they apply outland, they need to maintain status separately.

Yes ofcourse! Forgot to note the "with OWP".