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Marrying a refugee (PR) and immigrating

repcanquest

Newbie
Sep 30, 2019
4
0
Hello

My partner recently moved to Canada (Ontario) as he was granted asylum and is getting permanent residence (should be getting the PR card in the next month or 2). He could not get asylum in my country (appeal would take years, if lucky) as an LGBTQ activist. With extremely limited access to practically all services and unable to get any government document (EG learner driving permit) apart from a asylum seeker permit, in my country, he grew frustrated as he could only realistically work in the informal sector and subject to abuse. As our relationship was still less than a year at the time of applying for asylum in Canada, he did not list me as a family member or common-law partner, etc. A further complication was his passport was taken when applying for asylum in my country and never returned.

We a few months after he got to South Africa, started dating and he started staying at my house almost permanently by the end of the 2nd month (poor and unreliable electricity in the room he rented, in winter). By the end of the 3rd month, he signed a rental agreement with me, so he could use that as proof of residence when trying to conduct anything involving business or state. He lived with me permanently for 13 months before leaving for Canada. During his time living with me, he became unemployed so I looked after him in terms of medical/dental (still have receipts/invoices), clothing, etc.

I live in South Africa (citizen) and have a decent job (IT manager), with properties etc which will I liquidate accordingly (clear remaining mortgage and have startup capital). I am also in my mid to late 30's. We are both HIV+, being treated and undetectable, but otherwise in reasonably good health. I have traveled for work and family (Central Africa, Europe & USA for work; New Zealand to visit family), so I have little doubt I can get a temporary visa to get to Canada. English is my home language and have limited French ability (some ability to read/write/speak but little listening)

In spite of being half a world apart, we still talk and text everyday and have maintained the relationship. Recently, during one of our phone calls, he asked if I would marry him -- given what we have managed to stay together through good times and nightmares, it was a genuine yes.

Due to him getting sponsorship to get to Canada and subsequent living stipend, we understand his immigration sponsorship loan also has an effect on his ability to be a sponsor to me -- although I have still assisted financially for things like dental and medication while he gets registered on the various programs -- until he has paid off the loan and (I assume) he has stable/livable income and residential address (currently staying in a sponsored accommodation in a small town).

We are very afraid that we get denied and are forced to be half a world apart. We want to continue our lives together, and he is making progress with learning to drive in Canada and getting booked to attend conferences. He is also looking for seasonal work in the meanwhile.

Any advice how to proceed?
 

AUG19

Star Member
Aug 29, 2019
145
48
DR
Category........
FAM
App. Filed.......
29-08-2019
AOR Received.
28-09-2019
As per CIC:


You may not be eligible to sponsor your spouse, partner or child if you:

  • you have already applied to sponsor the spouse, parent or child you are currently seeking to sponsor and a decision on that application hasn’t been made
  • are in jail, prison, or a penitentiary
  • didn’t pay back:
    • an immigration loan
    • a performance bond
Also, if he's receiving social assistance he's not able to sponsor.
 
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repcanquest

Newbie
Sep 30, 2019
4
0
As per CIC:


You may not be eligible to sponsor your spouse, partner or child if you:

  • you have already applied to sponsor the spouse, parent or child you are currently seeking to sponsor and a decision on that application hasn’t been made
  • are in jail, prison, or a penitentiary
  • didn’t pay back:
    • an immigration loan
    • a performance bond
Also, if he's receiving social assistance he's not able to sponsor.
Thank you.

I understand that he cannot sponsor me while the loan is still outstanding and I am pushing that progress is made in that area.
I am trying to work out whether to get married (would have to be in Canada until he can travel internationally again) and apply for a spousal visa (inland likely) or get a 2nd (or more) temporary visa to visit and apply for a work visa/permanent resident.
 

AUG19

Star Member
Aug 29, 2019
145
48
DR
Category........
FAM
App. Filed.......
29-08-2019
AOR Received.
28-09-2019
Thank you.

I understand that he cannot sponsor me while the loan is still outstanding and I am pushing that progress is made in that area.
I am trying to work out whether to get married (would have to be in Canada until he can travel internationally again) and apply for a spousal visa (inland likely) or get a 2nd (or more) temporary visa to visit and apply for a work visa/permanent resident.
Keep in mind that if you apply inland, you wouldn't be able to appeal if you get denied. If you apply outland, you can.
 
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repcanquest

Newbie
Sep 30, 2019
4
0
Keep in mind that if you apply inland, you wouldn't be able to appeal if you get denied. If you apply outland, you can.
Thank you. I'll make note of that.
There may be a struggle when applying outland: traveling should he need to be interviewed -- unless he gets some for of passport/travel document allowing him to do so.
 

AUG19

Star Member
Aug 29, 2019
145
48
DR
Category........
FAM
App. Filed.......
29-08-2019
AOR Received.
28-09-2019
Thank you. I'll make note of that.
There may be a struggle when applying outland: traveling should he need to be interviewed -- unless he gets some for of passport/travel document allowing him to do so.
They would know his limitations for travel taking into account that, you know, they are IRCC ;)
 
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repcanquest

Newbie
Sep 30, 2019
4
0
Many thanks so far.

Given all of the above, would anyone recommend rather applying for Express Entry / Work Permit / Permanent Residence / Spouse(/family) Visa?

As a side note, I can try reaching out to a friend from my university days (I didn't graduate sadly), now living in BC (from what I can tell) and see if he can also sponsor me --I'm not sure about rules around sponsorship out of province (BC vs ON)

One thing I did note when doing the "free evaluations", is my nett worth may also play a role (probably not 6 figures after currency conversion, and property market is very much a buyers market)
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Many thanks so far.

Given all of the above, would anyone recommend rather applying for Express Entry / Work Permit / Permanent Residence / Spouse(/family) Visa?

As a side note, I can try reaching out to a friend from my university days (I didn't graduate sadly), now living in BC (from what I can tell) and see if he can also sponsor me -- I'm not sure about rules around sponsorship out of province (BC vs ON)

One thing I did note when doing the "free" evaluations, is my net worth may also play a role (probably not 6 figures after currency conversion, and property market is very much a buyers market)
The only time a friend has any impact is with provincial nominations, and that would require the friend residing in the nominating province. It's not "sponsorship" as such. Your net worth is of virtually no significant value.
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
You can lived together for 13 months before leaving for Canada. He would have needed to update his status and declare that he was now common law.