Medical submitted, can I marry now?

[Manul999]

Dear friends,

I live in Germany and have applied for PR in Berlin as a “Skilled Worker” 3 years ago. I have passed my medical checkup in March 2010 and now I am waiting for further final steps. Meanwhile, I have got engaged with my girlfriend who lives in Russia and is a Russian citizen. My questions are:
1. Shell I wait till I receive my PR and only after that marry with her or is it better do register our marriage now (for example in Russia or in Germany)? In other terms: Will it make a delay in my case if we merry now?
2. Which is the best and quickest way to bring my fiancée (or my future wife) after that to Canada? Shell I move at first alone to Canada, when I get my PR and invite her for a temporary visit and merry with her over there? Or is it easier to sponsor her application for PR while she is in Russia?
3. Does it make any difference in this case to marry with each other as soon as it will be possible in other country or you would advise to wait till the end and register our marriage in Canada?

Thanks for your support!

 

[Leon]

Re: Medical submitted, can I merry now?

Since you are already engaged to her, it would be better to marry her now and update your file with immigration Canada. It will cause a delay in you getting your PR visa because they will need to process your wife as well now but it is better this way.

If you land in Canada alone and then marry her later, they will ask you why you did not tell them that you were already engaged. They will think you were hiding your wife from them. Furthermore, there is no guarantee that your wife would be able to get a visit visa to join you in Canada. Sponsoring her from Russia could take 6-7 months and in the meantime, you have to stay in Canada because as a PR sponsoring a relative, it is a requirement that you are living in Canada.

 

[Manul999]

Thanks a lot for your information! So according to your advice if we marry now and I will add her as a dependent in my PR-application, what do you think – for how many months or years it will delay the whole process? Would she also need about 2 or 3 years, or shorter? I would like just to calculate: When would we be able to enter to Canada together after that?

Otherwise, if I will wait to get my PR first and go alone to Canada, find a job over there and start the outland sponsorship, what do you think: how long would my fiancée need to get her PR-Visa from Canadian Consulate in Moscow?
Thanks again for your kindly and detailed answers!

 

[Manul999]

And the last question: If we decide to marry later on, do I have to make this note in my application now and write to CIC that I have been engaged with my girlfriend at March 2010 or do I have to write this point only when I will arrive to Canada?

 

[Leon]

You can tell them that you are engaged but you can not add her to your file unless you are married or have lived together. They may prefer you to get married before you land as they may feel that you are hiding something by waiting. Spouses being sponsored later are exempt from the excessive demand clause in regard to medicals.

 

[Manul999]

OK, I got it. Thank you very much!
So we have either to marry now or live at least 12 months together in order to be recognised as a common-law partnership and only after that I can add her as my spouse to my PR application.
And which office will deal after that with her? Berlin or Moscow? Because she can be in Germany only 90 days or may be 6 months. Do you think that we have to sent her beckground information to Canadian Embassy in Moscow in order that she may go there for an interview?

 

[Leon]

I think Moscow would deal with her application but you will have to discuss this with the office which is processing your application which is Berlin.

 

[Manul999]

Thanks Leon,
Some people in this forum write, that you may also add your girlfriend to your PR application if you are already engaged?
Is it right? Or should you wait till you marry or live together at least 1 year?

 

[Leon]

No, you can not add her if you are only engaged. Either you have to be married or you have lived together for at least one year which in Canada is known as common-law marriage.

 

[Manul999]

I see your point. Tank you very much!
That means, it is not necessary at all to inform my office in Berlin about my engagment or my future plans yet, rather only after we will marry or will live together at least 12 months?

 

[Leon]

As I think I explained to you a few posts ago, if you marry too soon after getting PR, it will cause you other problems because immigration may feel that you cheated them. I know of one case where somebody who married too soon was left in the situation of proving to immigration that he and his spouse had not qualified as common law partners when landed as a PR. He managed to do that and was allowed to sponsor his wife but it is unnecessary hassle. If you tell your visa office now that you are engaged although you aren't married yet and have not lived together and therefore do not qualify as a common law couple, they have it on the records so they can not tell you later when you try to sponsor your wife that you were hiding her from them.

 

[Manul999]

Thanks a lot for all important informations!