need advice, Canadian citizen marrying a Serbian

[maroochka]

I would appreciate some advice on what steps to take. I am a Canadian citizen living in Serbia. I moved to Serbia 11.2009 to study. I have been with my boyfriend since July 1st, 2010 (indeed we met on Canada day in Serbia ). During our relationship we have been inseparable since the first day we met, we lived together but don't really have proof since I had my own apartment (under my mom's name) I never legally added him as a tenant. In 07.11 my boyfriend got a job in a different city then the one I was studying in. We both moved to that city and I would drive back and forth to my university. The apartment we lived in was owned by his uncle. He added him to his household but not me (because I didn't need to legally change addresses from my apartment). We stayed there until 09.2013. We are back in my apartment now. We don't have any bank accounts together (I never worked or made income in this country). We don't have any bills under our own names (it was always under his uncle's name, or my mother's name). We have bought things together like small appliances, and groceries obviously.We have travelled together by plane to visit his immediate family in the UK. Anyways I am not sure if we can technically prove a common law status relationship because of the circumstances. Nevertheless, we have decided to marry. We just need to see if we should do that in Serbia or in Canada.
I obtained my master's degree last April but have not found work in this country as an engineer (for more than 400 euros a month ) so I am eager to move back to Canada. We would like to both go as soon as possible, he is also an engineer and speaks perfect English (he grew up in the UK and his family is still there however he does not have citizenship, just they do) We don't want to live apart at all. My parents can invite him and we will stay with them. Once we get there we will go the inland route for spousal sponsorship. I have not worked in Canada since I have been a student in Serbia. I have read that it is alright to apply as a spouse sponsor even with no income. My parent's are also willing to sponsor him if the income thing becomes an issue for me being a sponsor.
Well that was long and I just want to thank anyone who took the time to read it.

Now, on to the questions:
Can someone please advise us how to best approach this goal of ours to move to Canada ASAP. The outland PR route is just too long for us to be waiting around in Serbia.
1. Can he get a visitor's visa if we are not married as my boyfriend? (he is still employed in Serbia and will have proof)
2. If he gets this visitors visa can we marry in Canada? (legally)
3. What are the chances of them extending his visitor visa while waiting to clear the first stage of the inland PR application?
4. If he is not able to get a visitor's visa as my boyfriend, we will marry in Serbia and then apply again for a visitor's visa. Should we be honest about our plans for me to sponsor him as a spouse inland? or should we just say he is visiting in order to meet my family?

ANY HELP WOULD BE GREATLY APPRECIATED. Thanks in advance.

 

[zardoz]

Here are some brief answers.
1) He can certainly try to apply. Chance of success depends on how well he demonstrates his intention to return home.
2) Yes
3) If you apply for an open work permit along with the sponsorship application, he will have implied status as a visitor during stage one processing.
4) It will make it MUCH less likely to obtain a visitor visa if you marry and then reapply. They will see less probability of him returning to Serbia.

 

[maroochka]

Thanks for your reply zardoz

 

[nada3]

Chances of him getting a TRV are very slim, but you never know, you might get lucky. I am married to a Serbian and he tried to come for a visit before we were married and got refused twice. He's sister is a Canadian citizen and he applied with her invitation letter. I ended up going there last year to get married but I had to return to Canada so we have been appart more then a year already...not including the time before we got married.

The problem is, you will have to say that you are in a relationship and once that's out there they will most likely refuse his visa. If you were already married it would be the same thing, even less likely to obtain the visitors visa. I know it doesn't make any sense, but this is what most of face here.
Still, try it... you never know how it might end up.
Good luck

 

[maroochka]

Thanks nada3!
we are still figuring things out..who knew it could be so complicated.

 

[CdnandTrini]

Thanks nada3!
we are still figuring things out..who knew it could be so complicated.

Hi Maroochka, I am smiling at your comment, yes immigration certainly can complicate love I just wanted to add my 2 cents regarding visitor visas. The other posters are correct (unfortunately). Once immigration knows that you have a "romantic" relationship or are already married, it is highly likely that the visitor visa will be refused. My husband and I were refused 4 times over the course of our relationship. Our PR file was processed through the Port of Spain Office in Trinidad (for many Caribbean countries) and almost 95% of us on that thread were refused. Same with the Kingston Jamaica office. Why Immigration does this makes me crazy but it is the way they work for now.

All this to say, that if you do not want to be separated from your beloved you may want to consider staying together in Serbia or another country while you wait for your spousal file. My husband and I are older (second marriages) and we both had various employment and family obligations that made that option impossible for us. However I can tell you 6+ years of a long distance relationship and marriage was one of the most stressful things we ever endured and it just about put us both over the edge.

So my advice to young people or even older folks who can manage it - is to try and stay together in the same country if possible. Especially if your visa office will take over a year to process your application. Thanks be to God, our file was recently approved and we will finally be together in Canada starting next month, but looking back, I might have tried to do things differently. Many blessings for a long, strong, healthy marriage!!

 

[screech339]

There is another consideration in the process of issuing TRVs. If the applicant has a travel history and honoured the visa rules, the greater the chance of getting a TRV from Canada even for first time.

My wife, an Albanian, was able to get a multi-entry visa to Canada with my letter of invitation. At the time of applying for TRV she was my fiancee. She was very lucky to even get her multi-entry at first time applying. One of the biggest contribution of her ability to get her TRV was the fact that she had an international travel history. Canada saw that she kept going back to Albania and never overstayed her visa in their respective countries she visited. She obeyed the rules.

Another consideration was the fact that she applied for multi-entry visa. This would show that she intends to leave Canada back to Albania. With a single entry visa, who is to say that you will leave Canada and come back if you can only enter Canada once with single entry.

Had this trip to Canada be her first time traveling international, that can be a red flag as they do not see any travel history to show that he/she will intend to go back.

Screech339