Looking for options to keep Australian partner in Canada.

[gymnast79]

Hello.

Im a Mexican citizen currently with Canadian PR living in Vancouver. I was sponsored by my Canadian ex partner back in July 2011. That relationship ended years ago and now I've been living with my current partner for the last 14 months. She is a 31 y/o Australian citizen on a Canadian working holiday visa set to expire on September 2016. I was thinking of sponsoring her so she can stay after her visa ended but recently we found out about the 5 year bar rule that says I can't sponsor a partner if i myself had been sponsored as a partner within the last 5 years. I think now I need to wait till July 2016 when the 5 years have passed but that cuts time very tightly with her working holiday visa expiring on September 2016. We have been living together and should be able to fill all the criteria for de-facto sponsorship except for the 5 year bar. Since she is over 30 now she won't be able to get another working holiday visa. She could just drive to Seattle and re-enter Canada to stay for a further 6 months as a visitor but she won't be able to work.

Also, my own PR card is set to expire next year (July 2011), so I'd need to extend my PR before I can attempt to sponsor her right? When about should I start the PR extension for myself?

Is there any other options we should be considering? Should I get a lawyer? Any good lawyers in the Vancouver city area?

Thank you so much for your valuable input and help!.
Best regards

 

[sashali78]

Hello.

Im a Mexican citizen currently with Canadian PR living in Vancouver. I was sponsored by my Canadian ex partner back in July 2011. That relationship ended years ago and now I've been living with my current partner for the last 14 months. She is a 31 y/o Australian citizen on a Canadian working holiday visa set to expire on September 2016. I was thinking of sponsoring her so she can stay after her visa ended but recently we found out about the 5 year bar rule that says I can't sponsor a partner if i myself had been sponsored as a partner within the last 5 years. I think now I need to wait till July 2016 when the 5 years have passed but that cuts time very tightly with her working holiday visa expiring on September 2016. We have been living together and should be able to fill all the criteria for de-facto sponsorship except for the 5 year bar. Since she is over 30 now she won't be able to get another working holiday visa. She could just drive to Seattle and re-enter Canada to stay for a further 6 months as a visitor but she won't be able to work.

Also, my own PR card is set to expire next year (July 2011), so I'd need to extend my PR before I can attempt to sponsor her right? When about should I start the PR extension for myself?

Is there any other options we should be considering? Should I get a lawyer? Any good lawyers in the Vancouver city area?

Thank you so much for your valuable input and help!.
Best regards

You don't need to renew your PR, just your card when the time comes. Given that you met your residency obligation you should not have any issue with it. You can start your sponsorship regardless of your card expiry dates as soon as your 5 year "ban" elapsed.
In the meanwhile your spouse can consider also any other immigration streams she might qualify for, such as Express Entry. You can have more than one PR application running concurrently (in different application streams)