Should we marry?

[CanK]

My BF of one year is Irish. He came in April 2011 to visit his sister who is married to a canadian with 2 daughters. We met in August 2011. In April 2012 when his visitor visa was up we travelled to Ireland for 2 weeks and came back to Canada together. After some hassel with immigration they let him back in for 3 months. (he has to leave in August)

He is an electrition so we are looking at all the options. (work visa, skilled worker)

Basically I'd like to know if anyone has any advice on what the best way for us to approach this. We obviously want to spend the least amount of time apart as possible.

I was really against getting married at first (not because our relationship isn't fabulous, but because It's just not the way I pictured it) but if It's what we need to do to be together then I'll do it.

I'm also wondering about the inland outland thing. From what I've read I understand that if we're applying for spousal sponsorship he is okay to stay in Canada past his visitor visa exit date?

ANY advice anyone can give would be greatly appreciated.

Thanks.

 

[perkele]

My BF of one year is Irish. He came in April 2011 to visit his sister who is married to a canadian with 2 daughters. We met in August 2011. In April 2012 when his visitor visa was up we travelled to Ireland for 2 weeks and came back to Canada together. After some hassel with immigration they let him back in for 3 months. (he has to leave in August)

He is an electrition so we are looking at all the options. (work visa, skilled worker)

Basically I'd like to know if anyone has any advice on what the best way for us to approach this. We obviously want to spend the least amount of time apart as possible.

I was really against getting married at first (not because our relationship isn't fabulous, but because It's just not the way I pictured it) but if It's what we need to do to be together then I'll do it.

I'm also wondering about the inland outland thing. From what I've read I understand that if we're applying for spousal sponsorship he is okay to stay in Canada past his visitor visa exit date?

ANY advice anyone can give would be greatly appreciated.

Thanks.

Hi CanK,

My boyfriend is Irish too (I am sponsoring him)

Yes it is true that he could stay past the exit date of his visitor visa so long as the sponsorship application was placed prior to the expiry of his visa and that a OWP was filed at the same time.

That said, in order to apply you would have to be common-law or married. And as you mentioned, you don’t really want to get married this way because it’s not how you pictured it and I completely agree with you. I’m sure some people on this forum will tell you that you should go ahead and do it but in my opinion, that would make it harder for you to prove that the relationship is genuine rather than a desperate attempt for him to stay in the country. (I am in NO way implying that that is the case, I am just simply saying that it could be perceived that way)

Now, have the two of you been living together? If so, when will it have been a year and when does his visitor visa expire? (exact dates) Because, depending on the case, you could get all your things ready to apply as common-law from inside Canada and when you hit the one-year mark, assuming it’s before the time that he is required to leave, you send in the application and extend his stay at the same time.

As for inland/outland application, outland is probably faster as you’ll be using the London office which has a processing time of 7 months if I recall, however he would probably have to be back home as he will have no status here and his visitor visa has expired. In the case of inland, he could stay with you while the application is being processed but he would not be able to work until he received an OWP which could take quite some time, so it also depends on your financial situation.

Find me those exact dates that I mentioned so that I can give you a little more information.

 

[CharlieD10]

He does not need to leave Canada if she applies Outland. He will need to apply for an extension of his stay, which will keep his visitor status valid until he has his PR.

CIC usually looks favourably on visa-exempt spouses who are being sponsored for PR who submit evidence of the sponsorship along with the other required documentation for extensions and grant them appropriate visitor records.

 

[perkele]

He does not need to leave Canada if she applies Outland. He will need to apply for an extension of his stay, which will keep his visitor status valid until he has his PR.

CIC usually looks favourably on visa-exempt spouses who are being sponsored for PR who submit evidence of the sponsorship along with the other required documentation for extensions and grant them appropriate visitor records.

I thought you could only apply for extension of stay (to get implied status) when applying inland? Or at least that's what I was told by a border agent.
Anyway, sorry for that, my bad.

Either way though, if his visitor status runs out before they are living together for a year, assuming that they take the common-law route, wouldn't it be too late anyway to get an extension?

 

[CharlieD10]

No, you can apply for an extension of status (and should do so) at least 30 days before your current status runs out. While you wait for an answer to that extension request, you have implied status until you get a reply regarding the extension. This can be done regardless of applying Inland or Outland.

If his visitor status runs out and he does not apply for an extension prior to that, he has up to 90 days after in which to apply for a restoration of status. In that time, though, he is in Canada without status and can be removed at any time at the pleasure of CBSA. So it is best really to apply ahead of time for the extension. This can be done online, or via the paper route. The paper route usually takes longer, so the period under implied status with the paper route is longer.

Have a look at this guide, which explains further: http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp

 

[CanK]

Hi CanK,

My boyfriend is Irish too (I am sponsoring him)

Yes it is true that he could stay past the exit date of his visitor visa so long as the sponsorship application was placed prior to the expiry of his visa and that a OWP was filed at the same time.

That said, in order to apply you would have to be common-law or married. And as you mentioned, you don't really want to get married this way because it's not how you pictured it and I completely agree with you. I'm sure some people on this forum will tell you that you should go ahead and do it but in my opinion, that would make it harder for you to prove that the relationship is genuine rather than a desperate attempt for him to stay in the country. (I am in NO way implying that that is the case, I am just simply saying that it could be perceived that way)

Now, have the two of you been living together? If so, when will it have been a year and when does his visitor visa expire? (exact dates) Because, depending on the case, you could get all your things ready to apply as common-law from inside Canada and when you hit the one-year mark, assuming it's before the time that he is required to leave, you send in the application and extend his stay at the same time.

As for inland/outland application, outland is probably faster as you'll be using the London office which has a processing time of 7 months if I recall, however he would probably have to be back home as he will have no status here and his visitor visa has expired. In the case of inland, he could stay with you while the application is being processed but he would not be able to work until he received an OWP which could take quite some time, so it also depends on your financial situation.

Find me those exact dates that I mentioned so that I can give you a little more information.

Thanks Perkele for the info.

His papers say he has to leave by Aug 5. (Aug 15th is our one year anniversary) we didn't apply for an extension again because the immigration officer (last time we entered) said there was no way they would extend Plus obviously his finances aren't as good as they once were.

is it possible to apply even if you missed the 30 day deadline or overstayed? We want to follow the rules to make home look as good as possible to immigration!

I don't think common law would work. He technically here visiting his sister and although he pretty much lives with me he's alway used her address.

We're still debating if it'll be quicker for him to find a job and get sponsored that way. he's an electrician so he is definitely needed.

Basically we don't want him to have to leave for a long period of time. his whole life is hee now and it will just be so sad for him to go off and be alone for months.

 

[CharlieD10]

There is still time to apply for an extension, if his visitor record expires Aug 5th. The 30 day mark is recommended, it's not a hard and fast rule, so if you send it off now, they won't send it back because he has less than 30 days to go.

A work permit may be no quicker or easier. He needs to find a willing employer who will want to obtain a Labour Market Opinion saying they can hire him because there is no permanent resident or Canadian citizen available to do what they are hiring him to do. If you already have such an employer in mind, then you can try.

 

[perkele]

Thanks Perkele for the info.

His papers say he has to leave by Aug 5. (Aug 15th is our one year anniversary) we didn't apply for an extension again because the immigration officer (last time we entered) said there was no way they would extend Plus obviously his finances aren't as good as they once were.

is it possible to apply even if you missed the 30 day deadline or overstayed? We want to follow the rules to make home look as good as possible to immigration!

I don't think common law would work. He technically here visiting his sister and although he pretty much lives with me he's alway used her address.

We're still debating if it'll be quicker for him to find a job and get sponsored that way. he's an electrician so he is definitely needed.

Basically we don't want him to have to leave for a long period of time. his whole life is hee now and it will just be so sad for him to go off and be alone for months.

Hi,

Unfortunately, I can't help much when it comes to extending his visiting visa but CharlieD10 seems to have answered it quite thoroughly, so perhaps you should look into that despite what the immigration officer said. However, if money starts becoming an issue, it'll be tricky since he won't be able to work in the meantime.

As for getting a "quick" work permit, I agree with CharlieD10, it's not as easy as it sounds. Though your boyfriend might have qualifications, he still needs to get an employer that will be willing to do the whole process for him. And even if the employer is willing to do it, you still need a positive labor market opinion, meaning that there's sufficient proof to justify hiring a foreigner (i.e: the employer has been trying to fill the position for a while and no one locally meets his needs or that no one locally can be trained to fulfill the job requirements in the near future, etc.) My boyfriend just got his LMO approved last week but it wasn't easy.

Depending on your boyfriend's age, you could try looking into getting a work permit through "International Experience Canada". It's a working holiday program for people aged 18 to 35 inclusively. The spots are currently full and it says that they are no longer accepting applications, though I know through experience with my boyfriend, that they generally open up spots throughout the year. (However, it has been getting more and more popular and it seems like its places get taken quite fast nowadays, so I don't guarantee that it will be possible for this year but at least you could keep it in mind for next year if you do it in advance) And since it's a program aimed at "younger" participants, it's quite simple and no labor market opinion or intended employer is required.

Now back to the main issue, as to apply for sponsorship and PR. Unfortunately, I can't help you with that. I agree with you that you most likely, if not definitely, will not be common-law at the end of his one year here. Like I said, getting married now (or before he leaves), could be seen as attempt to keep him in the country and it could work against you in the sense that it'll be rushed so you may not be able to plan as much as you'd like and it could be reflected on the application. (Plus, you would also want to have some of his relatives here and short notice doesn't always work for flying people across the pond ) Anyway, those are just my thoughts.

 

[CanK]

Thanks for the help and advice.

Just to be clear if he applies for an extended stay (even though he's past the 30 day mark) and we marry and apply for PR before he gets his notice to leave he can stay in Canada while we go through the process?

When he came in last time after a long long stay in the immigration office. The officer told him 3 months and he was putting a note on his file so he couldn't apply for an extension. Therefore I am assuming the decision will be NO when we apply, but I'm hoping to buy us the time it takes to make the decision so we could get our application submitted.

At the same time I don't want to jeopardize his status.

 

[parker24]

Thanks for the help and advice.

Just to be clear if he applies for an extended stay (even though he's past the 30 day mark) and we marry and apply for PR before he gets his notice to leave he can stay in Canada while we go through the process?

When he came in last time after a long long stay in the immigration office. The officer told him 3 months and he was putting a note on his file so he couldn't apply for an extension. Therefore I am assuming the decision will be NO when we apply, but I'm hoping to buy us the time it takes to make the decision so we could get our application submitted.

At the same time I don't want to jeopardize his status.

After you apply, your husband has implied visitor's status. So until they say yay or nay, he's allowed to stay in the country. Good luck and Congrats on your upcoming wedding!

 

[MissDominica]

Thanks for the help and advice.

Just to be clear if he applies for an extended stay (even though he's past the 30 day mark) and we marry and apply for PR before he gets his notice to leave he can stay in Canada while we go through the process?

When he came in last time after a long long stay in the immigration office. The officer told him 3 months and he was putting a note on his file so he couldn't apply for an extension. Therefore I am assuming the decision will be NO when we apply, but I'm hoping to buy us the time it takes to make the decision so we could get our application submitted.

At the same time I don't want to jeopardize his status.

CanK - He has implied status until they say he can or cannot extend his TRV status. Even if you are married and have started the PR application process, they still may say no to this TRV extension, at which time he would have to leave (regardless if you are married and have started the application). You may try to convince the officer to let him stay by saying you've submitted the PR application (proof of receipt, etc), but if they say he must leave and still deny his TRV, he will have to go (even if you got married and filed already). So IF you're marrying just so he can stay longer and start the process/be with you throughout the whole process (I'm not saying you are, but if you're making that decision with that in mind), then it still may not work.. there's no guarantee he will be able to stay.

So marry if you were planning to marry.. but don't rush into if you weren't planning on it because it doesn't guarantee a TRV extension (especially if, as you say, there is a note on his file NOT to extend). It may help that you are dual intent (ie. applying for PR while on TRV), but that is not a guarantee he can stay and they IO may still say no to the TRV extension, under any circumstance, and he will have to leave.

I truly hope they DO extend his TRV for you... but there's no guarantee by marriage/PR application. Fingers crossed for you either way.. I know it sucks being apart from someone during this process (they won't give my Common-law a TRV to visit me during my PR process either).

Good luck!!

 

[MissDominica]

HE will have implied status though and be able to stay a little while longer in Canada until they decide on his TRV. So applying for the extension will grant him some time, but not a guarantee to stay. So buy that extra time and apply for an extension!