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Calgaryzach

Full Member
Nov 14, 2015
45
0
Hello Everyone,

My girlfriend and I want to get married in Canada and have some questions on immigration. I'm a Canadian Citizen born and raised, and my girlfriend is Taiwanese. We met and lived together when she was on a working holiday visa in Canada. If I propose and marry her while shes visiting me in Canada, how can I make it so she can stay with me during the process? Is she allowed to apply for a work permit after 4 months? I just can't be without her and really don't want her to leave. We have lots of proof with pictures and with travels we've done together, I visited her in February of this year. Can someone please help me :) What is the process? Am I looking at this correctly?
 
How long did the two of you actually live together when she was here on the WHV?

If you lived together for at least 365 days, you are Common-Law partners in the eyes of CIC.
 
Sure you can marry her in Canada. If you apply "inland", then include an OWP (open work permit) application at the same time with the PR application. The OWP will be processed in 4-5 months and then she can work. Another option is an "outland" application (she can still be in Canada, as long as she has status) which might go faster, but not eligible for an OWP. Good luck.
 
We only lived together for 6-7 months in Canada. so if we get married in Canada, when she comes in October she can stay wih me even though she only has a visitor visa?
 
Calgaryzach said:
We only lived together for 6-7 months in Canada. so if we get married in Canada, when she comes in October she can stay wih me even though she only has a visitor visa?

I suggest you apply outland. Hong Kong is generally a quick office.

She can apply outland even if she is in Canada. She can extend her visitor status as needed.
 
Calgaryzach said:
We only lived together for 6-7 months in Canada. so if we get married in Canada, when she comes in October she can stay wih me even though she only has a visitor visa?

Yes, but she should not state she is planning to "live" in Canada when she enters in October, especially before you've applied for PR. She can live in Canada, but for border purposes she is visiting.
 
Calgaryzach said:
We only lived together for 6-7 months in Canada. so if we get married in Canada, when she comes in October she can stay wih me even though she only has a visitor visa?

Applying outland may be a faster overall route to PR as mentioned. You can live in Canada during an outland application, but would have to keep a valid visitor status. So she would have to try to extend her visitor status which may or may not succeed

If you apply inland, and submit the app (along with an OWP app and correct $255 payment), BEFORE her visitor status expires, then she will have implied status and be able to get the OWP in 4-5 months and work until the PR app is finished processing.
 
Inland would have to be the only option because we're not married yet... I would marry her once she's in Canada. Is this okay? I like the idea that she could stay and have implied status
 
Calgaryzach said:
Inland would have to be the only option because we're not married yet... I would marry her once she's in Canada. Is this okay? I like the idea that she could stay and have implied status

That doesn't matter. You apply outland once you are married and she can apply to extend her visitor status to stay in Canada.
 
canuck_in_uk said:
That doesn't matter. You apply outland once you are married and she can apply to extend her visitor status to stay in Canada.

You can apply "OUTLAND" while you and your then wife are physically in Canada.
 
Calgaryzach said:
Inland would have to be the only option because we're not married yet... I would marry her once she's in Canada. Is this okay? I like the idea that she could stay and have implied status

you can't apply for either inland or outland until you are married or can prove cohabitation for 365 consecutive dates (commonlaw). if you want to get married in canada, that's great. there's nothing wrong with that. just know that doesn't mean you have to apply inland. outland is the preferred and recommended way to apply.
 
So if I understand this right, we can get married in Canada, then apply outland, once we apply outland she can stay here during the time is processes but cannot apply for a work permit, and we would possibly need to fly to Hong Kong for an interview if requested.. But... if we apply inland she can work after 4-5 months and still stay as implied status, but processing time is much longer.
 
My girlfriend is also wondering if its okay to say shes coming to visit me? Or should she not mention me when shes applying for a visitor visa? She'll be here regardless if we get married or not to see my family for Christmas this year. Would it be a problem for her saying shes here to visit me? I'm worried they'll only give her 1 month to visit instead of 3 months or 6 months.
 
Calgaryzach said:
So if I understand this right, we can get married in Canada, then apply outland, once we apply outland she can stay here during the time is processes but cannot apply for a work permit, and we would possibly need to fly to Hong Kong for an interview if requested.. But... if we apply inland she can work after 4-5 months and still stay as implied status, but processing time is much longer.

That sounds about right.

To stay during an outland app, she would have to apply for visa extensions (and have them granted)when necessary. That might not be an issue if the processing goes quickly anyways. If you have a strong app then the interview is not very likely.
 
She is Taiwanese, so does not need a visa. She needs an eTA. It is OK to say she is planning to visit you. She should prepare proof of her ties to Taiwan, and have a return ticket with a specific date. She can apply to extend whatever time she is given by the border agents after she is in Canada.