Calgaryzach said:
Hey everyone,
I'm a bit confused and over whelmed with all the info on Canadian immigration, so I decided to make a new topic and hope that someone can help. I met my girlfriend while she was on a working holiday visa in Calgary, we lived together for 5 months and we're together for 10 months. She's now back in Taiwan working on getting her IELtS as she wants to study in Canada. However her English school is only ranking her around a 6.0 average and she fears that she won't pass. What are my options on bringing her back to Calgary? She's only been here once on a 1 year working holiday visa. We can't live without each other and are considering marriage, however don't know where to start. Is is best she comes on a visitor visa then we get married in Canada? Is she able to stay while the application processes? Or is it better to marry her in Taiwan (where she's a citizen) when I go visit her in March of 2016? I'm a Canadian citizen born In Canada if that helps.
Any info will be a blessing! Thanks so much in advance.
Hey, Calgaryzach.
At this point, you don't qualify for a common law application, nor do you qualify for the married application. I know your predicament all too well. I had a similar one with my now wife.
Some possible paths to you two being together are such:
1. Get study visa for 1 year, then file as common law If your girlfriend gets into an English school program and has at least a 1 year study visa, you could both live together during that time. Common law applications require that the couple live together as if they were married, sharing bills, etc. During that time, you'd have to live under the same roof and accrue bank statements, a lease, shared utility bills, etc.—as many things as you can have both your names on that prove you're in a common law relationship. You'd need to be living together for 1 year with no breaks or gaps in your time apart. (I should note that if she got a study visa, she could live with you during that time regardless. I'm going to assume, however, that you want her to be your lifelong partner, which is why I recommend that you go ahead and set yourselves up for her spousal sponsorship by getting your affairs in order as you go along. Once her student visa expired, she would have to leave Canada.)
2. Get married. The other option is of course to get married. She can visit you in Canada and get married, though I'd likely not mention that specifically when she came through customs. I'd phrase her reason for visit as to "spend time with you." (Others can offer their 2 cents on this. It's certainly a matter of not misleading the agents but concurrently not keeping your GF from being rejected.) I believe there is paperwork that you can file for to enter the country to get married. Again, someone might know that form/process better than I. I came to Canada and got married without filing for it; I simply said that I was there to be with my fiancé.
You could also go to Taiwan and get married. I don't know the rules surrounding you entering into the country and getting married, however.
After you two were to get married, she can stay in Canada. There are two ways you could then file for her permanent residency.
Outland - allows your then wife (or common law partner if you went with option 1 after a year of living together) to
be in Canada while your application is processed. For all intents and purposes, she would be visiting while her application was being processed. The turn around time is approximately
6-12 months. The application would start processing in Canada, but be sent to a visa office in your partner's home country for completion. Your wife/partner
cannot work in Canada until her paperwork was approved. (If she was granted the ability to work thanks to a student visa or IEC, then that's another story. However, for most: you cannot work in Canada if you choose outland. Most of us choose this option, I think, because the times for PR approval are MUCH quicker than inland applications.
I currently am in Canada and have been for the last 7 months as a visitor while my application has been worked on "outside" of Canada. I cannot work, volunteer, etc., but my wife thankfully makes enough to support us both. I've gone a bit stir-crazy, but I'm grateful to be with her.
Inland - allows your wife or partner to be in Canada while the application is processed. She could then file for an Open Work Permit (OWP) at the time she submitted her Inland Application, which would likely be approved,
allowing her to work approximately 4 months after you submitted the paperwork. The Application for Permanent Residency takes MUCH longer; times ranging for that are around 24 months, I believe. (Someone confirm or give a better estimate on inland times for me, please?) During this time, she would have implied status. S
he would not be able to leave Canada for any long length of time or risk her application being denied. Permanent Residency would be issued after the ~24 month waiting period, which would then allow her to have access to healthcare, etc. This takes longer, but would allow her to be with you while her application is processed AND work.
So,
Outland = can visit, cannot work, faster times, PR sooner.
Inland = implied status in Canada, can work with OWP, slower processing times, PR takes longer, no social benefits until PR is approved.
3. Work Visa - if your GF had some ability to get a work visa under the skilled workers program, an IEC visa, etc., then she would be able to be in Canada with you. You'd then want to either get married or go the common-law route and live together.
You can mix and match some of the options.
For example, if she got a student visa for 1 year, you could get married, apply outland, and have her PR done while she was still technically living with you in Canada.
She also could get a student visa for 1 year, you live together as a common-law couple, and then you could file for PR after that year.
You could get married, you do an inland application, and she works while you wait for her PR paperwork to be approved.
The most important thing I can stress is that
IF you plan on marrying her or making her your common-law partner, you need to start collecting proof of your relationship now. Evidence is what the CIC looks for. That means communication when you're apart, pictures when you're together, photos of your wedding (should you have one), bills, etc. (if you choose the domestic route).
I hope this gives you some insight so you can make the choice that's best for you. Good luck!