Pregnant, Marriage, Common Law

[amitheonlyone]

I have been with my girlfriend for 1.5 years now and I love her dearly. I want to get married to her eventually, have a family eventually, but there is a problem... She didn't do well in her last semester (she has a student visa and is from Nigeria) and her father ran into a bit of a money problem and isn't able to pay her school fees. At this rate she will be deported in January 2013 (when her student visa expires). Am I correct regarding this matter? Does immigration have no exceptions for people who are having money issues?

Other questions:
1) If she were to get pregnant and have a baby here (before deported), the baby would have PR as I am Canadian. Would this mean that she would stay in Canada? How does this work if the mother does not have her PR? Would she get sent home and It'd be just me and the baby?

2) If we get married, can we apply for her PR immediately after we are legally married (as soon as the ceremony is finished)? I understand applications take 8-10 months to go through and then 3 years of them watching you (have no problem with this).
The 8-10 months may last longer than her student visa... Does this mean she'd be sent home and then a month later she'd be able to come back? How does this work?

I haven't been able to find answers to any of these questions yet. Please help me out. I just want this PR nightmare to end.

 

[SenoritaBella]

She can apply for "restoration of status" within 90 days of the study permit expiring but it's best to renew the study permit before it expires. Consult an immigration lawyer immediately. A good case can be made especially if she's always been enrolled in school. Upon graduation she will be eligible for a post-graduate work permit up to 3 yrs.
Other questions:
1) If she were to get pregnant and have a baby here (before deported), the baby would have PR as I am Canadian. Would this mean that she would stay in Canada? How does this work if the mother does not have her PR? Would she get sent home and It'd be just me and the baby? The baby will be a canadian citizen but it's not enough to prevent deportation. One of you may end up separated from the child. Do you think it's a great idea to conceive a baby just for this?

2) If we get married, can we apply for her PR immediately after we are legally married (as soon as the ceremony is finished)? I understand applications take 8-10 months to go through and then 3 years of them watching you (have no problem with this).
The 8-10 months may last longer than her student visa... Does this mean she'd be sent home and then a month later she'd be able to come back? How does this work?
You can or if you've lived together for 1 year, you may sponsor her as a common-law spouse. You must first be approved as a sponsor. Check processing times for outland applications(visa office for nigerian applicants) vs inland applications(within Canada) May be other members can comment RE: her leaving & coming back. Hope it works out well for you guys.

 

[SenoritaBella]

Here's more information: http://www.cic.gc.ca/english/information/applications/guides/5552ETOC.asp

For more information, see “Work Opportunities for Foreign Students”.

A work permit may be issued if it is established that:

•you hold a study permit and have become temporarily destitute through circumstances beyond your control or beyond the control of any person whom you are dependent on for financial support to complete your term of study. You must show proof that you are not able to obtain the money needed for daily expenses and that it is a temporary situation.

 

[PMM]

Hi

Here's more information: http://www.cic.gc.ca/english/information/applications/guides/5552ETOC.asp

For more information, see “Work Opportunities for Foreign Students”.

A work permit may be issued if it is established that:

•you hold a study permit and have become temporarily destitute through circumstances beyond your control or beyond the control of any person whom you are dependent on for financial support to complete your term of study. You must show proof that you are not able to obtain the money needed for daily expenses and that it is a temporary situation.

You should note that in the quoted section, that once the destitute person finishes the semester, they are expected to leave Canada (Very rare that work permits are issued for destitute students). If not they will be reported.

39. A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

 

[SenoritaBella]

Where exactly did you find that information RE: they are expected to leave Canada?

Hi



You should note that in the quoted section, that once the destitute person finishes the semester, they are expected to leave Canada (Very rare that work permits are issued for destitute students). If not they will be reported.

39. A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

 

[PMM]

Hi

Where exactly did you find that information RE: they are expected to leave Canada?

Because they become reportable under the Act. If they don't leave, then they are reported and forced to leave. If funds start to flow again for the student fine, but no funds.

 

[bluecamas]

It isn't pleasant to be away from the one you love. Changes are happening now quickly in Canada on Immigration. You can get emails on the news of changes via the Immigration website and Canada Gazette web site. I would suggest not having a baby until things are settled. Unfortunately the money flow does matter because concerns get raised about taxpayers having to support people here from another country. If you love her, marry her. i will be called old fashioned, but really..common law is a non committment.