Overwhelmed!!!!!!!!!

[mmshock]

Hi Everyone.

I am in the process of making plans with my fiancé to immigrate to Canada this August and I don’t even know where to begin. The official website gives me a headache (so much legalese!) and I am sure the information that I am looking for is on this forum somewhere, but let me give you some background and hopefully you can help! So pleased I found this site!

I am an American Citizen residing in the British Virgin Islands. My fiancé is a Canadian Citizen, he has lived here for almost ten years, and we are ready for a major change. Our wedding is set in stone for 16 July 2011 and we hope to move to Canada early August.

We want to be in the best position possible before we move so that we can get to working and starting our new lives together. BJ may actually enrol in college to start in September; we have sent away his application and will know for sure in February. If this is the case, I’d really like to be able to work ASAP as he will probably only be able to part time. We do have a bit of money stashed away in the bank.

I guess I want to know what my best bet is even is in regards to my immigration. I have not seen anything that states engaged couples can apply. Can we? If so, if we started the application outland in February, could it even possibly be finished by August? If it is not finished, can I still move to Canada with him in August to wait it out? Or must I wait in the US? Can you get a work permit with an outland application?

Would it be worth moving our wedding ceremony up (we can still party in July!) and getting started on outland straight away? We hope to be in the Niagara area and Buffalo really isn’t too much of a travel for an interview…..

If we must wait until we are married in July, what do we do? We would obviously want to do inland, as he plans to be in school starting in September. If we turned it in immediately upon moving, how long could I stay in Canada and with what kind of Visa, and how does the Open Work Permit work? I have seen it mentioned a few times.

I noticed somewhere that if you do an inland application you might not be able to leave? Can someone please explain this to me? I have a few events in the US throughout autumn 2011 that I would hate to miss out!

I am just confused and overwhelmed about starting the process in general, let alone all the details in applying. I am sure I have more questions! But once I have a better, clearer picture in mind of how the whole thing works I may be able to sleep easier at night! My university Calculus classes were easier than this!!!!!

Thank you so much for all your help.

 

[scylla]

A few things (I know others will add)...

Since you are American, you should definitey apply outland. MUCH faster processing times (typically). Yes - if you start the application in Feb then you might be finished by August (provided you qualify to apply).

You cannot apply as an engaged couple. However you can apply as "common law" if you have been living together for a minimum of one full year and can prove it.

If you apply inland, you will be able to work once first stage processing has been completed. This stage is currently taking around 9 months.

 

[mmshock]

Thank you Scylla, that helps!

We have been together for a year but can't prove that we have been living together. In the BVI they generally don't use lease agreements and to change the name on your bills can be costly. We do have a joint bank account , but have only for a couple months.

If I do an outland application will I still be able to go to Canada with him in August or will I have to wait it out?

 

[bobshynoswife]

You are not a common law couple if you have plans to marry. You would be considered an engaged couple, and Canada does not allow immigration for fiances.

I would say your best bet if you want to immigrate here soon is to have a small civil marriage ceremony, apply under the spousal category outland. Include in your application your plan to have a wedding in Canada this summer, which will explain why your official wedding was so small. If all goes well you would have your visa in about 6 months and be able to work in Canada this fall.

He would also need to shows plans of re-establishment in Canada.

Your other option is to wait until summer after you are married and apply then. Between now and then you could visit Canada, but could not take up residence here and could not work.

 

[scylla]

Some more...

You cannot obtain an open work permit with an outland application.

You can, however, try to obtain a work permit by finding an employer in Canada who is willing to provide a job offer and go through the LMO (labour market opinion) process. Note: Due to the waiting times/red tape involved, many employers aren't willing to go through this process.

The application process itself (both inland and outland) is a large piece of work in itself and will likely take you much longer to complete than you think. For example, you will need to include an FBI clearance certificate. These typically take a couple of months to process so you should submit the request ASAP. You will also need police certificates for every country you have lived in from the age of 18 for more than six months. Again, start requesting these now.

 

[scylla]

You should be able to "visit" Canada while the outland application is being processed. You won't be allowed to "move" here until your outland application has been finalized.

I say "should" because as a US citizen, you are able to visit Canada for up to six months without a visa - however whether you are given six month (or less) or even allowed into the country is ultimately up to immigration when you arrive.

Many/most have been able to visit without any problems (my husband was one of them). However a small number do encounter siginficant issues (including being turned away at the border or even banned).

 

[mmshock]

Thank you for the heads up on the clearance certificates. I will certainly get on that!

You have already been so helpful. I still have about a thousand questions but I think I just need to digest for a moment the inland/outland debacle.

 

[mmshock]

OK...... Got one!

Although I am a US citizen I reside in the British Virgin Islands, which has been my home and where we have earned our keep for the past five years.

Does this mean I can not apply in the US Region and must apply via Trinidad? That could change things a bit as things seem to take longer down there, and would greatly affect me if I had to travel all that way.

 

[scylla]

You can (and definitely should) apply with Buffalo listed as your regional processing office.

 

[rjessome]

You are not a common law couple if you have plans to marry. You would be considered an engaged couple, and Canada does not allow immigration for fiances.

Not true. There is no such thing as engaged couple in the immigration definitions. If a couple meets the requirements for the common-law category, they can apply for it whether they are engaged or not.

OK...... Got one!

Although I am a US citizen I reside in the British Virgin Islands, which has been my home and where we have earned our keep for the past five years.

Does this mean I can not apply in the US Region and must apply via Trinidad? That could change things a bit as things seem to take longer down there, and would greatly affect me if I had to travel all that way.

No, you can always apply through your country of citizenship.

 

[mmshock]

OH thank goodness.

We are really hoping to move to the Niagara region and Buffalo will be no biggie. I also have a cousin in the area and places to stay if need be!

 

[canadianwoman]

You probably won't be accepted as common law, since you don't have the proof CIC likes. Sometimes if the couple says they are engaged, a common-law application will be refused because the visa officer thinks the relationship is just a precursor to a marriage, not an actual common-law relationship.
If you apply after you get married in the summer, you could come to Canada as a visitor - say you are visiting if asked at the border, not moving here.