Need advice for sponsorship

[Promagstyle]

I need some advice on what to do to sponsor my fiancee here to Canada.

Conjugal Partner and Spouse - The Canadian Immigration Offical said to me that I need to go back to China and get married there, bring back to Canada a valid marriage certificate and then start the Sponsorship.

Skilled Worker - My fiancee will have to apply independently without any help and I know it is a very lenghtly time of processing. Also the wait time is very lengthly.

TRV - My fiancee can come here on a TRV, but must prove to the Canadian Immigration that she will go back after her stay, also we cannot get married here.

I need your advice and which is the best route, also obeying Canadian Immigration Laws.

 

[cmk2]

Hi Promags,

To begin with, what is your status in Canada? This could help in properly assisting with your questions. Let's presume that you are a Canadian citizen and that you want to sponsor your fiancee to move Canada.

1. Conjugal Partner & Spouse- If your fiancee is NOT in Canada, well, you can go back to China and get married with your wife there, bring a valid marriage certificate, prove that it is a bona fide relationship and then apply for sponsorship OUTSIDE of Canada. Once your application to sponsor is approved, the Canadian Embassy in China will process the file. Check www.cic.gc.ca for the waiting time period from China and all requirements.

2. Skilled worker- This is indeed the longest route and with the longest waiting period. She will have to go through the points system to see if she has enough points to qualify to apply. Once again check www.cic.gc.ca for the waiting period for skilled worker in China.

3. TRV- Your fiancee can come to Canada on a visitor's visa AND you can still get married in Canada; that should not be an issue and as far as I know, once you are married, she can stay in Canada and sponsor her WITHIN Canada under the Approval In Principle program.

Check www.cic.gc.ca for more detailed info.

 

[thaiguy]

promagstyle

1. Conjugal Partner/Marriage: You don't need to be married for a conjugal partner visa. But since there are no barriers to getting married in China, the conjugal partner visa is probably difficult to prove. A conjugal partner visa is intended to unite people who can't get married and/or can't live together for some reason. So the logical option between these two is that you should get married.

2. Skilled Worker: Yes, your partner would have to qualify independently. But she would get at least 5 extra points for 'adaptability' based on the fact that she is married to a Canadian (assuming you get married first), and possibly more points depending on your education level. So before going down this road, you should have a formal assessment of her eligibility performed.

3. TRV: As cmk2 said, she could go to Canada, get married, and then you could sponsor her. BUT - to get the TRV, she'll have to convince the interviewing immigration officer that her really intends to return to China. It is disingenuous to apply for a TRV and state that the visit will be temporary when she really intends to stay permanently. I suggest you don't go down this path.

 

[Promagstyle]

3. TRV- Your fiancee can come to Canada on a visitor's visa AND you can still get married in Canada; that should not be an issue and as far as I know, once you are married, she can stay in Canada and sponsor her WITHIN Canada under the Approval In Principle program.

Check www.cic.gc.ca for more detailed info.
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3. TRV: As cmk2 said, she could go to Canada, get married, and then you could sponsor her. BUT - to get the TRV, she'll have to convince the interviewing immigration officer that her really intends to return to China. It is disingenuous to apply for a TRV and state that the visit will be temporary when she really intends to stay permanently. I suggest you don't go down this path.
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Just replying to thaiguy and cmk2, yes I am born and raised "proudly canadian" in Toronto. Option number 3 seems not too bad an scenerio, but option 2 as skilled worker is the last resort I guess. Option number 1 is out of the question, because some numbnuts can't turn his dream into reality.

I guess she can come here to canada on a trv and get married here, but then stay here permanetly or get married here with the TRV and extended it. Then process the Sponsorship, but yeah I guess I am stuck with SOL option 2. Any suggestions to make her come here faster, but in legal way?

 

[thaiguy]

Your only real option is getting married in China and then sponsoring her. Unless she has a house, good job, and family in China, she won't get the TRV. There's no such thing as a "fiance visa." And if she mentions that she knows you and wants to get married in Canada, they'll probably deny her TRV right from the beginning - because it'll be clear that she doesn't intend to return.

Get married in China first - that's the best option.

 

[naphelge]

And if she mentions that she knows you and wants to get married in Canada

Promags, if you wnat to go for the TRV, do NOT mention that you have any kind of romantic relationship with the person you would like to sponsor. the TRV WILL be denied!

as soon as IMM gets whif of a romantic relationship it sends up the red flag that the person with the TRV has reason enough NOT to return home! i guess the thinking is, that because you are in a relationship the desire is to stay together regardless of TRV expiry dates.

i think, as has already been suggested here, return to china to marry and then begin the PR sponsor app process.

i am in the same boat and if you decide that route i will look forward to reading your progress as it unfolds.

cheers,
nap

 

[tinkerbell_13]

can i sponsor my partner?

hi! i just need some advice re sponsorship under conjugal partnership... I have been with my BF for almost 4 years and planning to sponsor him... I am just curious if I can do this even he's not yet legally separated from his previous wife which they have been separated for almost 6 years now... thanks!

 

[Suin]

no, you will not be able to sponsor him until he has his divorce finalized. even legal separation will not work in this case. only final divorce decree.

 

[canadianwoman]

Just wanted to add that your fiancee will NOT get a TRV if the visa office gets any sense whatsoever that she has a boyfriend in Canada. The visa office wants proof that she will go back to China, not evidence that she might want to stay in Canada. Conjugal partner visas are very hard to get - easiest is if it's a homosexual relationship in a country where homosexuals cannot get married. There are no barriers to you marrying, so your fiancee is not going to be issued a conjugal partner visa.

 

[Karlshammar]

There is no such thing as a conjugal partner visa. There are conjugal partner PR applications, though.

Your idea that you will not get a TRV if you have a boyfriend in Canada is wrong. It is quite possible to get it.

Just wanted to add that your fiancee will NOT get a TRV if the visa office gets any sense whatsoever that she has a boyfriend in Canada. The visa office wants proof that she will go back to China, not evidence that she might want to stay in Canada. Conjugal partner visas are very hard to get - easiest is if it's a homo*censored word*ual relationship in a country where homo*censored word*uals cannot get married. There are no barriers to you marrying, so your fiancee is not going to be issued a conjugal partner visa.

 

[canadianwoman]

There is no such thing as a conjugal partner visa. There are conjugal partner PR applications, though.

Your idea that you will not get a TRV if you have a boyfriend in Canada is wrong. It is quite possible to get it.

From China? Where almost half of spousal applications get rejected (Hong Kong office)? If the original poster wants to waste time, he can go the TRV route. Better to get married, if marriage is what he actually wants, and start the PR application process.

 

[Karlshammar]

I never said it was easy. Where did you get that statistic from, btw? Is there a place where the CIC publishes acceptance/rejection rates?

Either way, one does not preclude the other.

From China? Where almost half of spousal applications get rejected (Hong Kong office)? If the original poster wants to waste time, he can go the TRV route. Better to get married, if marriage is what he actually wants, and start the PR application process.

 

[toby]

CMK2:

How did you know the fiancee is in China? I could see nothing mentioning China in the original post.

Just curious.

 

[toby]

On the question of the TRV, I second those who say it is difficult to get for someone in China.

If you decide to get married in China, email me offline for csome practical advice. My wife and I were married in January 2009, and there were endless hoops to jump through.