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Interesting Case - Need Advice

Chokito

Newbie
Apr 22, 2009
3
0
***** was also posted under Family Sponsorship*****

We are both professional engineers who met as expats (I'm Australian and she is Brazilian) whilst working in Chile back in February 2008. We are both currently working in Chile and have been living together since September 08. We became engaged a month ago and now she (Brazilian citizen) has a fantastic job offer in Toronto as an intra-company transfer (specialty worker) as the project she was working on has been prematurely terminated due to "the global financial crisis" and is due out of Chile at the end of May 09.

Given that:
- I am Australian and she is Brazilian
- Are engaged and live together since Sept-08 and we have proof of genuine relationship ( eg. travel, photos,email, family meeting, shared credit card, banks statements to same address)
- We do not meet the requirements for common-law sponsorship of a dependent under her work permit if 3 years cohabitation is required.
- She has a job offer that will sponsor an intra-company transfer work permit in Toronto

We have come up with two scenarios for us to be able to go to Canada and are seeking advice:

Scenario A:

Accelerate civil wedding plan and marry in Chile and immediately apply for a work permit (suspicious ?) so that we can go to Canada together, she as intra-company transfer and I as dependent (with work permit).

Scenario B:

She travels to Canada on her intra-company transfer and I follow using the fact Australians do not require a visa for Canada (up to six months and no work permit) and we continue with our plans for a September wedding and then have to apply for sponsorship under her work permit (possibility of dual intent raised?).

Given the above, which would be the best option in your experience or is there a Scenario C which we haven't thought of.

Thank you
 

PMM

VIP Member
Jun 30, 2005
25,494
1,949
Hi

Chokito said:
***** was also posted under Family Sponsorship*****

We are both professional engineers who met as expats (I'm Australian and she is Brazilian) whilst working in Chile back in February 2008. We are both currently working in Chile and have been living together since September 08. We became engaged a month ago and now she (Brazilian citizen) has a fantastic job offer in Toronto as an intra-company transfer (specialty worker) as the project she was working on has been prematurely terminated due to "the global financial crisis" and is due out of Chile at the end of May 09.

Given that:
- I am Australian and she is Brazilian
- Are engaged and live together since Sept-08 and we have proof of genuine relationship ( eg. travel, photos,email, family meeting, shared credit card, banks statements to same address)
- We do not meet the requirements for common-law sponsorship of a dependent under her work permit if 3 years cohabitation is required.
- She has a job offer that will sponsor an intra-company transfer work permit in Toronto

We have come up with two scenarios for us to be able to go to Canada and are seeking advice:

Scenario A:

Accelerate civil wedding plan and marry in Chile and immediately apply for a work permit (suspicious ?) so that we can go to Canada together, she as intra-company transfer and I as dependent (with work permit).

Scenario B:

She travels to Canada on her intra-company transfer and I follow using the fact Australians do not require a visa for Canada (up to six months and no work permit) and we continue with our plans for a September wedding and then have to apply for sponsorship under her work permit (possibility of dual intent raised?).

Given the above, which would be the best option in your experience or is there a Scenario C which we haven't thought of.

Thank you
Yes, you did. To be considered common/law spouse for Canadian Immigration purposes you only have to have lived together for a year.

PMM