Inland application for PR status of fiance

[Kukulla]

Hi everyone im hoping u guys can help me out with my questiom

I recently got engaged with my boyfriend after 1 year of being together we are both here in
Toronto Canada im a permanent resident and he has an open work permit
That expires on july of 2014.
We are planning to get married next year June 2013
My question is what if the process takes more than a year
Will he be able to stay here with me or he will be sent back to his
Country because he waa telling me that he has to leave the country right
Away or 6 months before his open permit expires.

Answers will be greatly appreciated

 

[computergeek]

My question is what if the process takes more than a year
Will he be able to stay here with me or he will be sent back to his
Country because he was telling me that he has to leave the country right
Away or 6 months before his open permit expires.

I don't know why he would need to leave six months before his work permit expires. Maybe he has a TRV that expires, but he doesn't need that if he doesn't leave Canada, and if he has a work permit he can generally obtain a new TRV by applying to CPP-O.

If you apply via inland spousal sponsorship next year after you are married, unless there is some issue with you sponsoring, then you would be approved in 5-6 months (the current processing time). He would qualify for an open work permit at that point (stage 1 approval, or "Approval in Principle"). But even if for some reason it takes longer than that, he can remain in Canada. He should either renew his work permit, or he should convert to visitor status.

For sponsor approval to take a year, however, there would need to be something seriously wrong.


You said: "... after 1 year of being together we are both here in Toronto..."

Note that if you have been living together for a year, you may qualify as common-law partners. If you do meet the common-law requirement, then you could file sponsored PR now - no need to wait until after you are married. That would give you something like 21 months to complete the application process, which is 50% longer than the current posted processing time for 80% of applications (~14 months).

 

[Kukulla]

@computergeek

Thank you for your response.
There is no conflict whatsoever in his part i am just not sure because he studied here in canada for
2 years and after he had been granted a working permit for 6 months after that
He renewed it and they gave him up til 2014 but they told him that
For him to be able to stay he has to make sure that when he renews again
He has to have a supervision or managerial position or else he wouldnt
Be granted renewal.

We have been together for a year but not living together im not sure
If that would count as common law partners

 

[computergeek]

There is no conflict whatsoever in his part i am just not sure because he studied here in canada for
2 years and after he had been granted a working permit for 6 months after that
He renewed it and they gave him up til 2014 but they told him that
For him to be able to stay he has to make sure that when he renews again
He has to have a supervision or managerial position or else he wouldnt
Be granted renewal.

Nothing you've mentioned here would create an issue for a sponsored PR application; nothing that should even slow it down. So 5-6 months after you start it, he would qualify for an open work permit (once you are approved as sponsor) and from your time line it doesn't sound like that will be an issue, even waiting until next year after you have married.

We have been together for a year but not living together im not sure
If that would count as common law partners

No, it wouldn't. The definition of common-law is "living together in a conjugal relationship for one year". Of course, if you are married, the one year cohabitation is not required. Note that cohabitation is a requirement of the inland sponsorship (just no time requirement).

 

[Kukulla]

Ok thats great to hear
so as i understand it, we could definitely apply after we get married
And he will be issued an open work permit while waiting for his landed
Status..

Thank you so much for your help

 

[computergeek]

so as i understand it, we could definitely apply after we get married
And he will be issued an open work permit while waiting for his landed
Status..

Yes, being married would qualify you to apply in the spouse/partner category.

The open work permit would come after sponsor approval, so it's not instantaneous - it takes 5-6 months right now, though that time may change between now and next summer.

 

[Kukulla]

Ok well thank you so much!!! Im not worried anymore

 

[Kukulla]

Sorry i forgot one more question.

Would it affect the application if we choose to get married backnin
My country rather than here in canada?weddings here are so expensive.

 

[computergeek]

Would it affect the application if we choose to get married backnin
My country rather than here in canada?weddings here are so expensive.

As long as it is a legal marriage in both the foreign country and Canada, you may be married wherever you would like and Canada will recognize it.

 

[Kukulla]

Yess!! Thank uu