Keeping My husband here

[Allison777]

My fiance is here from jamaica on a qorking visa that will expire on Dec 15 2010. We are getting marreid this nov here in canada. My question is can he stay here in canada on a visiting visa while i process the paper work??? 2nd qustion is we are planning to go backto jamaica on Dec 15 for 3 weeks so if he does this can he come back to Canada with me even tho the working visa is expired???

 

[HoneyBird]

the laws have recently changed and thus because you are getting married right before his working visa expires it seems like you are saying to the VO thats the only reason the marriage took place. So although the relationship is genuine, you can be rejected on that basis. Please check the thread on that particular topic for more info as other people have varying views on it.

 

[HoneyBird]

My fiance is here from jamaica on a qorking visa that will expire on Dec 15 2010. We are getting marreid this nov here in canada. My question is can he stay here in canada on a visiting visa while i process the paper work??? 2nd qustion is we are planning to go backto jamaica on Dec 15 for 3 weeks so if he does this can he come back to Canada with me even tho the working visa is expired???

Jamaica is not a visa exempt country, he will be required to have a visa to reenter.
If he has the visitor visa then once you put the paperwork in, you can extend his visitor visa on that basis.
Bear in mind if he is on visitor visa, he cannot work or get the health care, you as the sponsor has to take care of him. How this will affect your situation will be challenging.
BTW If he is on a work visa, he is then perhaps a FSW? In that event, he can apply under that program for PR.

 

[Allison777]

So when we go down there in Dec, can we apply for a visiting visa? So you are thinking im gonna get denied on sponsouring him because we are doing the wedding so close to his expiry on his visa?

 

[HoneyBird]

No i am not saying that you will be denied. I am saying that there is a possibility based on the application of the
revised laws. But there is always a possibility because with these things, you never know what the VO is thinking. However if i was a VO and i saw his visa expiring x date and he got married a mere two weeks before then yes it would raise a red flag in my head. But if you had proof for example that you have been planning the wedding for like a year or 6 months (e.g. you requested invitation cards in the beginning of the year) then that would signal to me that the intent is real. If you have also been engaged for a while and had an engagement party etc then that is also another good signal that there was a lead up to the marriage date.

BUT

Do not get worried, I do not know your full situation because you have not gone fully into your circumstances, if you have lots of proof of relationship, e.g. dating for more than a year, vacations, emails, photos etc then it adds to your case.

 

[Allison777]

Ok well i didnt have an engagement party so that wont help, but we have pics and stuff. So my question is can he stay here in canada on a visiting visa even tho his working visa expires??? and if so can we still visit Jamaica in Dec

 

[HoneyBird]

As far as I know he can stay on the visitor visa for 6 months once he gets it. If during the six months you apply inland, then you can extend his visitor visa on that basis.

However, there is also a chance that he may not even get a visitor visa to come back with you in December. |It depends on the embassy.

 

[SmoothiesQueen]

I think what she is trying to ask is....if they have been togeather a long while here in Canada and the dates are mere coincidence, what is the process to file papers to keep him here. Rather than directing her to links...it sounds like she is pretty new to the process and maybe struggling to find info. I totally understand that...haha that was me when I first came on here asking questions.

Maybe some of you could really dumb it down for her since she is new to the immigration process and probably this is very confusing!!!!

1. What is the process of paperwork needed to keep him here?

2. What are some ways to prove to immigration this is legit and the dates are circumstancial?

4. If they leave before his visitor visa is up...and plan to return before it's up...can he leave the country and then come back into it..especially if his papers are being filed in the mean time or does this not work?


Allison....the general idea that I'm getting is....you cannot leave the country and expect to bring him back in. He may just have to deal with the fact that if he wants to stay in Canada...and not wait 15 months or more for his papers to come through....he might not be able to take this trip to Jamaica to sort things out like he wants.

Correct me if I'm understanding wrong, but that seems to be my understanding.


Like I myself have been told....get together every single bit of proof of your relationship. If you live together, pictures, pictures of him with your family...anything that validates your relationship being real.

Unfortunatly immigration see's over and over again...people getting married right before their visa is up to avoid having to leave. Almost everyone tries that..and they don't know you personally so they make alot of assumptions. So anything you can do to make them understand thats not the case with you...do it!!

 

[HoneyBird]

if she is getting married two weeks before his visa ends, i am worried about if they will get the paperwork done in the necessary time frame to extend any visa for him in Canada. Marriage certificate takes a while.

 

[SmoothiesQueen]

Good point!! Allison...perhaps you want to consider having a legal ceremony in a courthouse before the wedding..and then the wedding would be more just the symbol...you'd already be legally married.....just to start the paperwork!! Probably if you don't start the paperwork sooner...you will have to wait the fifteen months for his papers to come through...and he will have to remain in Jamaica for that time!!!

 

[Allison777]

Ok I see what everyone is saying. So once he is in Jamaica he has to remain there until the papers go through and he cannot come back to canada on a visa???

 

[Love_Young]

In my best suggestion, if you are wanting him to stay here with you then he should not travel back home since he needs a visit visa to travel to Canada. Considering he will be married at that time, it is likely they will deny it on the basis that they don't believe he is going to Canada just for temporary reasons. I would say that after you get married submit an extension of his stay but change his conditions to visitor. The reason you could put on the extension request is that he would like to stay after you submit your PR app.

Include a photocopy of your marriage certificate, proof of at least the $550 fees for the PR app paid for, and proof that you can financially take care of him for the duration of his stay. This can be copies of your most recent paystubs as well as bank account printoffs. Proof that you are in a qualifying relationship for sponsorship and that you have already paid the first fees shows dedication to submit your PR application. They will more than likely approve this. Before you mail it, take a copy of everything you included for your own copy in case something gets lost at the visa office and when you mail it, send it through courier with tracking and signature so you have proof that he applied for an extension of his status before it expired. It is recommended that you mail in 30 days BEFORE the visa expires but you could if needed to, submit with 3 weeks left. As long as it is received to them before his status expires, he will he is allowed to stay until he hears back from them. At the moment it is taken 90 days for them to mail back a response to extension request so even if it is refused, you still got to spend 3 extra months together and if it is refused, he will have 30 days from the date the letter of refusal is signed to leave Canada. All in all, most people who do as stated usually get approved for an extension but if he isn't, you will have enough time to work on the application and you could be done through the whole process by the time you get a response back.

If I explained something wrong, I hope a senior member can correct me or suggest something better. And if RobsLuv doesn't mind, I would recommend you talk to her. She is very helpful with everything and has helped me through so much. I hope you find this helpful and good luck.

 

[HoneyBird]

Ok I see what everyone is saying. So once he is in Jamaica he has to remain there until the papers go through and he cannot come back to canada on a visa???

No no...if he goes to Jamaica, he applies for a visa. If he gets the visa, he can then return to canada, if not, then he has to stay in Jamaica.

 

[Allison777]

Is it hard to get a visiting visa?

 

[Allison777]

Do you have the link for the forum on extending a a stay for a visiting visa