Is Spousal Sponsorship Possible After Removal Order?

[Huxley1234]

Hello everyone, long question below, but here is the short version: If my girlfriend has her application denied to extend her visitor VISA (which was removed), can we get married and apply for spousal sponsorship? We are in love and it would be genuine.

Background:

My girlfriend is from Argentina, and we have been living together in Toronto since June 2011 (but romantically involved since November 2010). We are genuinely in love, but not married, and not yet technically common law status.

We made the mistake of returning to Argentina for Christmas holidays. She stayed an extra week, and when she returned to Canada, they were very curious as to why she was coming back to Canada after only 15 days. Since she is on a visitor VISA, they became suspicious when she mentioned me, and her desire to be common law (I know, a huge mistake). So, they removed her visitor VISA and gave her 30 Days to leave the country.

We have applied to extend her visitor VISA. In the application we do not mention the common law stuff, and simply focus on her desire to spend time with me, and explore the country in the winter time, while she has time off from university (which is essentially true).

My question: if her extension request is denied, will we be able to get married and sponsor as a spouse? Will that be deemed a marriage of convienience? The tricky part is that we really love each other, and we want to get married. We just never thought we would have to rush it... and we would prefer to get married later on.

Related question: if getting married after the new removal order comes is suspicious, is it better to rush out and get married before we get the response back? We applied 2 weeks ago so it would have to be soon, like the next 2 or 3 weeks.

As you know, this is very stressful for us. Any help is greatly appreciated

 

[AmiMarin]

My husband and I were in a similar situation...but he got a removal order because of a denied refuge claim and appeal. He was also issued a removal order. We had been seeing eachother since 2008 and engaged in 2010. We had an "emergancy" wedding 2 weeks after his refugee claim was denied and moved on to the sponsorship. We know that the timing from the departure order to the wedding and sponsorship will raise some questions so we have included what we hope is sufficiant proofs of a genuine marriage. As well just today we sent more proof of our continued relationship since he left Canada until now. I dont think you should worry so much. I say go ahead with the wedding and sponsorship for PR just be ready to provide alot of proof of your relationship.

 

[jax2k3]

HI,
Your girlfriend was in Canada as a "Visitor" and so Canada expected her to go back to her own country. I would suggest that you to go back to the her country and get married there. Yes this is not what you wanted to hear.

DO NOT APPLY for extension, as any refusal may cause investigation and more delays.

Once you are married, then you can sponsor her as a spouse.

Another option, since she is going to school, she can apply for Study Permit ( cic.gc.ca/english/study/index.asp). Then can be living together for min 1 year to be common-law.

Hope this helps,
jax2k3



,

Hello everyone, long question below, but here is the short version: If my girlfriend has her application denied to extend her visitor VISA (which was removed), can we get married and apply for spousal sponsorship? We are in love and it would be genuine.

Background:

My girlfriend is from Argentina, and we have been living together in Toronto since June 2011 (but romantically involved since November 2010). We are genuinely in love, but not married, and not yet technically common law status.

We made the mistake of returning to Argentina for Christmas holidays. She stayed an extra week, and when she returned to Canada, they were very curious as to why she was coming back to Canada after only 15 days. Since she is on a visitor VISA, they became suspicious when she mentioned me, and her desire to be common law (I know, a huge mistake). So, they removed her visitor VISA and gave her 30 Days to leave the country.

We have applied to extend her visitor VISA. In the application we do not mention the common law stuff, and simply focus on her desire to spend time with me, and explore the country in the winter time, while she has time off from university (which is essentially true).

My question: if her extension request is denied, will we be able to get married and sponsor as a spouse? Will that be deemed a marriage of convienience? The tricky part is that we really love each other, and we want to get married. We just never thought we would have to rush it... and we would prefer to get married later on.

Related question: if getting married after the new removal order comes is suspicious, is it better to rush out and get married before we get the response back? We applied 2 weeks ago so it would have to be soon, like the next 2 or 3 weeks.

As you know, this is very stressful for us. Any help is greatly appreciated