Should we get married before or after entry into Canada on a common-law visa

[sepcat]

Hi all,

My common-law partner's visa has been approved and we need to enter Canada before the end of March 2011. We were planning on getting married soon, in February, but we have realized that if we do that we need to notify CIC of the change and her current visa would no longer be valid.

Would it be better/easier if we got married after we entered Canada on her common-law visa? If we do, would we need to notify CIC and would that affect her status in the country at all?

Also, how long does my partner need to stay in Canada before she can leave? If we get married after entry into Canada, we would like the ceremony to be outside the country. Any help on these questions would be really appreciated. Thanks!

Sepcat

 

[matthewc]

Technically you have to inform CIC if your marital status changes. However, since it has no material effect on her eligibility, what I (personally) would do if the visa was already approved and issued, would be to travel to Canada, and simply inform them at the landing (when they're processing the PR paperwork) that I'd married my sponsor. Usually they ask if your marital status has changed.

The alternative, if you don't plan to leave for Canada until well after the wedding, would be to return the visa and inform them you're now married. I wouldn't do that though, especially if the wedding is close to the expiry of the visa validity.

In terms of her status in Canada, once she's a PR it doesn't make any difference.

As a PR, she has to maintain her residency obligation - 2 year (730 days) out of 5 in Canada - in order to keep her PR status. However there's an exception in that if you're a Canadian citizen and she's living with you outside Canada, that actually counts too.

 

[sepcat]

Thanks so much Matthew

 

[waitingintz]

Hi Sepcat

My common-law partner and I had the same consideration and one of the things I though of doing is having the wedding ceremony etc before and then just waiting until we arrive in Canada to do the legal documentation. So yes, you wouldn't technically be married but no one but the two of you need to know that and really, it's just signing paperwork.

 

[mayasita]

Land first so your application stands as approved.. If you change things it could go back to processing and take longer (and while unlikely, they could even question why you didn't marry before applying if you intended to anyways)

 

[mayasita]

Btw, youre free to travel on vacations immediately after you land... There is no minimum timeframe to be in the country for the residence to "stick"

 

[sepcat]

Thanks Mayasita, but doesn't my partner need to wait for her PR card so she can use it to re-enter Canada if she goes abroad? If so, how long does it normally take to get your PR card? Or can she travel before getting the PR card and re-enter without any problems?

Thanks
S