Preparing for Spousal Sponsorship Application - Proof of Genuine Relationship + Misc.

[movisas]

Hello,

I have browsed through the threads and had a few questions to answers I could not find yet. I am in a rather complicated situation, and I am concerning all my options on how I should proceed.

I originally immigrated with my family from the United States to Canada in the province of Ontario in 2003 under a study permit when I was under the age of 18. I am still a US citizen, and share a citizenship with another country as well. Since then, I have completed high school, and a 4 year university degree by the end of 2014. After I graduated I received a 3 year PGWP that expires the end of November 2017. Since my graduation, I have had a very hard time finding work that would make me eligible for a Express Entry or PNP application. It has reached the point where I am strongly considering pursuing a second degree in a more specific field and still continue to search for work while I study.

Now, I have been in a genuine relationship with my girlfriend that I met during my studies since early 2013. We have not yet married although we have been informally engaged for a while now. I am worried that applying for a spousal sponsorship with my expiry for my PGWP coming up soon would send a red flag to CIC.

During the time of our relationship, we have lived at separate addresses but visited each other several times a week. I lived with my family that also reside here under visas (guardian, study visas). She lives in her parents house although she is there alone. She simply has not taken over the lease. Her parents provide her with a portion of the rent and financial support in that regard. She has been working at the government of Canada in an NOC A level position for almost two years now.

We have taken trips and other events together and do have a sizable amount of photos and conversation dialogue between each other. I have met her family, including her parents, siblings, and further relatives. However she has not met my family yet. We come from different cultural and religious backgrounds, making it a little complicated to simply introduce her to my family without the establishment of a guaranteed marriage. With changing job situations and so forth we were not yet sure when we would get married hence I delayed her formal introduction to my family. She understands the situation and has been compliant so far. It is not the most ideal situation, as we would both prefer that this was not the case.

We are genuinely interested in getting married, however we had initially planned on doing this next year, by then which my PGWP would have long been expired. So short of applying for another degree and extending my stay as a student until we are married, it seems that the best option is to accelerate the marriage to this fall before the expiry occurs. Should we do this, I do not know if it would be appropriate to introduce her to my family in fear of backlash from such a rushed decision before they get to formally know her. Hence we were thinking we would need a year to do this properly. Here are my questions:

1) I understand we have to provide proof of living together. We have not done so to date. Should I move in with her and change my address accordingly, alongside other documents such as proof of bills being shared etc, would the timing of such a decision be seen as a red flag to CIC?

2) Should we get married and acquire a marriage certificate, would the lack of a wedding ceremony provide concern for another red flag? We would ideally be doing such a ceremony in the summer of 2018 as the size and costs of doing such is quite high. The time it takes to plan is also quite long.

3) Should I apply for an open work permit at time of application for PR, if my PGWP expires before my open work permit arrives, do I fall under implied status? What if I was working at that time, am I required to quit until my official open work permit arrives?

4) Is it smart to apply for a study permit at the same time I apply for a PR in case the PR does not go through? What happens if I receive an open work permit and the PR does not go through, do I stay until the permit expires or does it expire immediately at time of rejection?

5) I would much rather go the route of applying for a study permit as I am worried about the PR application having issues for rejection, however the cost of doing so is very high. Studying here without a PR under international fees until I apply for a PR at the time I originally wanted to which is the summer of 2018 would cost me upwards of $15,000. A cost that I could avoid should I apply for PR now and simply study once I receive it.

6) Do hand written cards and other misc. proofs of relationship have to be sent by mail or could we take a photo of them and submit via the online application?

7) She lives at her parents formal place and as such is not under the lease name or the bills. How do I transfer my name to her lease if she does not formally own the place she lives in? Her parents do not live with her and she is alone there, and she does pay for all bills and a portion of the rent.

Here is a summary of what we could provide:

Proof of conversation since we were in a relationship before getting married. Both electronic and hand written cards.
Written proof from my sponsor's family, colleagues, and my own friends and colleagues of this relationship being true and genuine.
Photographs of us together since the time we met.
If I move in with her in the next month, proof of new address. Not sure how proof of being on the lease would work.
If we get married, a marriage certificate. Odds are high that a formal ceremony will not take place until after the PR application has been sent.

I am considering consulting a legal representative in order to cover all the potential details that could cause for a red flag, and from my perspective so long as the legal fees are justifiable so long as they are less than the cost of education would be should I stay here under the premise of a study permit. However if I could avoid doing so it is better.

Any clarification on what I could face and what to do to prepare properly is greatly appreciated.

Thank you.

 

[JulianaAndrew]

1. You have to be a common-law couple to apply, you achieve this by living continuously for twelve (12) consecutive months. You have no legal impediment or immigration barrier to become common-law with your partner or getting married to her. You cannot apply for a conjugal partner sponsorship, forget about it, honestly. You can't even move in right now with her and then count that, since it has to be 12 consecutive months living with her.
2. Yes, not having a wedding ceremony or other related customary events would be a red flag.
3. You should apply to extend your temporary resident status in Canada. You could even say in your application that you're doing this so you can become a common-law with your partner and for a future sponsorship. US citizens are easily approved for this, technically you are allowed to be there for 6 months just for being a US citizen. You can extend these periods. You should apply for a work permit indeed so you can work during that time. Yes, you would be under implied status.
4. You cannot apply for PR under the family class sponsorship (conjugal partner, common-law partner or spouse). If you apply as conjugal, your application will be refused in an instant, this would be just a waste of time and effort from you.
5. That is entirely up to you, but again, you can't apply for sponsorship.
6. Has to be mail, I believe the application is sent in paper.
7. She could get a notarized letter from parents explaining that along with other documentation proving it.

If you apply for sponsorship under the conjugal partner section, you will be refused. You cannot apply as a common-law, you would have to be living together for 12 months in order to do that. You cannot apply as a spouse, since you are not married to your Canadian partner, who would become your sponsor. You could get married, then apply inland (which would probably take a bit longer than outland, given that you're a US citizen) and explain the situation about not having any ceremonies or events. It will be a tough red flag as it would seem like you're rushing into the marriage/getting it for convenience in the form of immigration advantages. If it seems like that to me, just reading what you've said, definitely the people processing your case would think so as well. So you would have to be prepared to explain it very well, and do what you can to make it at least look like it's a legit wedding from a loving couple.

 

[JulianaAndrew]

I want to add that there's no such a thing as getting it done easily with CIC, given that you're basically rushing so your situation in Canada is better, and you're focusing on that more than the nature of your relationship. I am sorry, but you won't be getting a PR anytime soon. Even if you manage to do the PR application, it is possible that your implied status wouldn't help with your education fees, you would still be a temporary resident. You would have to extend your study permit and your work permit. I don't doubt you are genuinely interested in getting married, but CIC won't just see it with good eyes if they see that you were really rushing to get married. I'm not saying that your application would be refused under the spouse class, but it could take longer than average, since most couples do have a wedding ceremony and other related events, it is a huge deal.

 

[canuck_in_uk]

Hello,

I have browsed through the threads and had a few questions to answers I could not find yet. I am in a rather complicated situation, and I am concerning all my options on how I should proceed.

I originally immigrated with my family from the United States to Canada in the province of Ontario in 2003 under a study permit when I was under the age of 18. I am still a US citizen, and share a citizenship with another country as well. Since then, I have completed high school, and a 4 year university degree by the end of 2014. After I graduated I received a 3 year PGWP that expires the end of November 2017. Since my graduation, I have had a very hard time finding work that would make me eligible for a Express Entry or PNP application. It has reached the point where I am strongly considering pursuing a second degree in a more specific field and still continue to search for work while I study.

Now, I have been in a genuine relationship with my girlfriend that I met during my studies since early 2013. We have not yet married although we have been informally engaged for a while now. I am worried that applying for a spousal sponsorship with my expiry for my PGWP coming up soon would send a red flag to CIC.

During the time of our relationship, we have lived at separate addresses but visited each other several times a week. I lived with my family that also reside here under visas (guardian, study visas). She lives in her parents house although she is there alone. She simply has not taken over the lease. Her parents provide her with a portion of the rent and financial support in that regard. She has been working at the government of Canada in an NOC A level position for almost two years now.

We have taken trips and other events together and do have a sizable amount of photos and conversation dialogue between each other. I have met her family, including her parents, siblings, and further relatives. However she has not met my family yet. We come from different cultural and religious backgrounds, making it a little complicated to simply introduce her to my family without the establishment of a guaranteed marriage. With changing job situations and so forth we were not yet sure when we would get married hence I delayed her formal introduction to my family. She understands the situation and has been compliant so far. It is not the most ideal situation, as we would both prefer that this was not the case.

We are genuinely interested in getting married, however we had initially planned on doing this next year, by then which my PGWP would have long been expired. So short of applying for another degree and extending my stay as a student until we are married, it seems that the best option is to accelerate the marriage to this fall before the expiry occurs. Should we do this, I do not know if it would be appropriate to introduce her to my family in fear of backlash from such a rushed decision before they get to formally know her. Hence we were thinking we would need a year to do this properly. Here are my questions:

1) I understand we have to provide proof of living together. We have not done so to date. Should I move in with her and change my address accordingly, alongside other documents such as proof of bills being shared etc, would the timing of such a decision be seen as a red flag to CIC?

2) Should we get married and acquire a marriage certificate, would the lack of a wedding ceremony provide concern for another red flag? We would ideally be doing such a ceremony in the summer of 2018 as the size and costs of doing such is quite high. The time it takes to plan is also quite long.

3) Should I apply for an open work permit at time of application for PR, if my PGWP expires before my open work permit arrives, do I fall under implied status? What if I was working at that time, am I required to quit until my official open work permit arrives?

4) Is it smart to apply for a study permit at the same time I apply for a PR in case the PR does not go through? What happens if I receive an open work permit and the PR does not go through, do I stay until the permit expires or does it expire immediately at time of rejection?

5) I would much rather go the route of applying for a study permit as I am worried about the PR application having issues for rejection, however the cost of doing so is very high. Studying here without a PR under international fees until I apply for a PR at the time I originally wanted to which is the summer of 2018 would cost me upwards of $15,000. A cost that I could avoid should I apply for PR now and simply study once I receive it.

6) Do hand written cards and other misc. proofs of relationship have to be sent by mail or could we take a photo of them and submit via the online application?

7) She lives at her parents formal place and as such is not under the lease name or the bills. How do I transfer my name to her lease if she does not formally own the place she lives in? Her parents do not live with her and she is alone there, and she does pay for all bills and a portion of the rent.

Here is a summary of what we could provide:

Proof of conversation since we were in a relationship before getting married. Both electronic and hand written cards.
Written proof from my sponsor's family, colleagues, and my own friends and colleagues of this relationship being true and genuine.
Photographs of us together since the time we met.
If I move in with her in the next month, proof of new address. Not sure how proof of being on the lease would work.
If we get married, a marriage certificate. Odds are high that a formal ceremony will not take place until after the PR application has been sent.

I am considering consulting a legal representative in order to cover all the potential details that could cause for a red flag, and from my perspective so long as the legal fees are justifiable so long as they are less than the cost of education would be should I stay here under the premise of a study permit. However if I could avoid doing so it is better.

Any clarification on what I could face and what to do to prepare properly is greatly appreciated.

Thank you.

Hi

You are really overthinking it. You are a US citizen and have a 4 year relationship, so it is not going to be a red flag to get married and apply now. If you only held citizenship from a less developed country and had a 4 month relationship, that would be a red flag.

You say you have different cultures. If you are both from a culture where the traditional big wedding is the norm, then you would need to explain the smaller wedding. Again, with a 4 year relationship, this shouldn't be a big issue.

Introduce her to your family, get married, move in together and submit a sponsorship app. If you apply inland, you can include the OWP app, which will allow you to stay in Canada but not work until you have the OWP.

1. You have to be a common-law couple to apply, you achieve this by living continuously for twelve (12) consecutive months. You have no legal impediment or immigration barrier to become common-law with your partner or getting married to her. You cannot apply for a conjugal partner sponsorship, forget about it, honestly. You can't even move in right now with her and then count that, since it has to be 12 consecutive months living with her.
2. Yes, not having a wedding ceremony or other related customary events would be a red flag.
3. You should apply to extend your temporary resident status in Canada. You could even say in your application that you're doing this so you can become a common-law with your partner and for a future sponsorship. US citizens are easily approved for this, technically you are allowed to be there for 6 months just for being a US citizen. You can extend these periods. You should apply for a work permit indeed so you can work during that time. Yes, you would be under implied status.
4. You cannot apply for PR under the family class sponsorship (conjugal partner, common-law partner or spouse). If you apply as conjugal, your application will be refused in an instant, this would be just a waste of time and effort from you.
5. That is entirely up to you, but again, you can't apply for sponsorship.
6. Has to be mail, I believe the application is sent in paper.
7. She could get a notarized letter from parents explaining that along with other documentation proving it.

If you apply for sponsorship under the conjugal partner section, you will be refused. You cannot apply as a common-law, you would have to be living together for 12 months in order to do that. You cannot apply as a spouse, since you are not married to your Canadian partner, who would become your sponsor. You could get married, then apply inland (which would probably take a bit longer than outland, given that you're a US citizen) and explain the situation about not having any ceremonies or events. It will be a tough red flag as it would seem like you're rushing into the marriage/getting it for convenience in the form of immigration advantages. If it seems like that to me, just reading what you've said, definitely the people processing your case would think so as well. So you would have to be prepared to explain it very well, and do what you can to make it at least look like it's a legit wedding from a loving couple.

OP never even mentioned conjugal, so not sure why you are talking about it.

Being a US citizen and having a 4 year relationship, OP is most definitely not a Marriage of Convenience risk.