Sponsor My Mexican Fiance - we are both in Canada

[paquita]

Hi, I need some support, some advice on which steps to follow.

I met my fiance in 2009 here in Ontario. He is from Mexico and I am Canadian and he has been here for 5years.
We have a 2 month old baby girl. We live together.
He has no status here in Canada, his time had expired last year.
I don't want him to return to Mexico nor does he want to return, how can we start our paperwork to get his Permanent Residence.
I need him here for our daughter.

Any advice on who we should see, lawyers? or documents I should print out.
We are both legally separated from our ex's. He was married in Mexico, and I have been legally separated from my ex since 2008.

Can we just do common law, or should we get married. I know that getting divorces for us will cost us a fortune and take time and don't want to wait the process.

THANK YOU FOR YOUR TIME AND HELP.

 

[amikety]

You can apply as Common-Law as long as you've lived together for at least one year. You will need proof you've co-habitated for a full year. If you're even a week short, wait because they will return the application. Here is the link from CIC:

http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

Under Immigration, your boyfriend is considered your CL husband - make sure to refer to him as husband in the application.

Here is a guide for you. It's very helpful:

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp#3900E24

Read this post:

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

The Mexico thread (not entirely what you need, but may be helpful):

http://www.canadavisa.com/canada-immigration-discussion-board/mexico-t35385.0.html

Now, the best way to keep him here is to apply Inland. Include a request for an Open Work Permit and he will get it after Stage 1 approval, allowing him to get a job with any employer.

You don't need to divorce. He may need to file for restoration of status, however, in order to get the work permit.

No matter what the application says, get a copy of the Common-Law declaration signed, notarized, and turned in. It seems the Visa Office (VO) will ask for one anyway.

You can do all of this yourself without a lawyer. There's lots of people here who will help. However, if you're more comfortable with a lawyer, I won't discourage you from getting one. The amount of paperwork can be intimidating, especially for someone with a newborn.

 

[paquita]

Thank you so much Amikety. I appreciate the detailed reply.

Do you know of any similiar cases from this site? meaning did the spouse get approved to stay?

 

[amikety]

I know of lots of people that got their spouses approved to come or stay in Canada. Most are from the USA like me, but that's because I post in the USA threads since that's mine

The good news is: couples that are able to live together, especially if it's been more than the minimum, seem to have less trouble.

Either way, I'm sure if you got into the Mexico thread, you'd find lots of success stories.