Spousal sponsorship

[KKRSTNA]

US citizen wanting to live with Canadian boyfriend?

Hello everyone!

I come to this thread in hopes of finding detailed, yet simple answers to all my questions regarding my relationship, and possible PR in Canada.

To start; I've known my Canadian boyfriend for two years now. We met online 12/12/10, and have been completely in love ever since. Unfortunately, we haven't been able to spend a lot of time with each other in person for obvious financial reasons. (I'm in California, he's in Ontario) We've been together in person two times. Both times, I flew out to Canada to see him. 04/24/12 for seven days. 12/03/12 for 12 days. I know we haven't spent a lot of time together in person, but that's why I'm here on this forum today to see if we can change this.

My questions are the following:

1.) Could I go visit my boyfriend, and stay my full extent (6 months) and apply for an extension before my 6 months is over, for another 6 months?

2.) If it's possible to stay for 6 months, plus my extension, would we qualify for "common-law"? (I looked up most sponsorships, and this seems to be the only one we might qualify for)

3.) If I can't get an extension, could I leave Canada at the end of my 6 months, and come back a month later for another 6 months? would this still be considered living with each other if I leave for a month? (For a "good" reason)

4.) Would I have to leave Canada at the end of my 12 months? How soon after my 12 months could we apply for the sponsorship? How long is the entire process for the sponsorship? Could I stay in Ontario while our application is being processed? What documents are crucial?

5.) If by a miracle we are granted this sponsorship, how soon could I start working? or even attend school? (I'm 19, recent high school graduate)

6.) Although we haven't spent much time together in person, we have things I.E emails, IM's, conversations from friends regarding us, flight history such as boarding passes, receipts from packages sent to each other, etc... would these things be OK to use to show proof of our genuine relationship? Unfortunately, we don't have any pictures together.

7.) Is it possible for me to have any shared documents with him while I'm there visiting for my 6 months as a U.S citizen to increase our chances of being granted the sponsorship?


We both decided its best that I go to Canada, as I am not established here in the states. Basically, "I'm young" and can make this kind of move without having to worry about any set responsibilities, such as, children, bills, etc...

Our original plan was for me to attend school there but as I read more into study permits, you could be easily denied if you don't show proof that you intend to leave Canada after your studies. Since I don't intend to leave, there would be no way of showing any proof.

If common law isn't the best option, could you recommend anything that would work in our favor?


Thank you for taking the time to read this and help me with my questions.

Kindest regards.

 

[parker24]

US citizen wanting to live with Canadian boyfriend?

Hello everyone!

I come to this thread in hopes of finding detailed, yet simple answers to all my questions regarding my relationship, and possible PR in Canada.

To start; I've known my Canadian boyfriend for two years now. We met online 12/12/10, and have been completely in love ever since. Unfortunately, we haven't been able to spend a lot of time with each other in person for obvious financial reasons. (I'm in California, he's in Ontario) We've been together in person two times. Both times, I flew out to Canada to see him. 04/24/12 for seven days. 12/03/12 for 12 days. I know we haven't spent a lot of time together in person, but that's why I'm here on this forum today to see if we can change this.

You sound exactly like myself and my husband. We met twice in person, both times he came here, and then he came and stayed.

My questions are the following:

1.) Could I go visit my boyfriend, and stay my full extent (6 months) and apply for an extension before my 6 months is over, for another 6 months?

Yes

2.) If it's possible to stay for 6 months, plus my extension, would we qualify for "common-law"? (I looked up most sponsorships, and this seems to be the only one we might qualify for)

Either that, or get married (if you're ready). After 12 months of living together, you qualify yes.

3.) If I can't get an extension, could I leave Canada at the end of my 6 months, and come back a month later for another 6 months? would this still be considered living with each other if I leave for a month? (For a "good" reason)

I'm not entirely clear on that one. But I do know if your boyfriend comes to the USA and stays with you for 6 months, that can be added onto the previous 6 months and qualify you.

4.) Would I have to leave Canada at the end of my 12 months? How soon after my 12 months could we apply for the sponsorship? How long is the entire process for the sponsorship? Could I stay in Ontario while our application is being processed? What documents are crucial?

It depends on if you apply for another extension and get it. Hubby got three of them. Entire process varies, but right now it's about 12-13 months outland. You will need a police check done in the USA and a medical done anywhere. See the end of this post, I'll share with you in DETAIL about how to do it via my blog.

5.) If by a miracle we are granted this sponsorship, how soon could I start working? or even attend school? (I'm 19, recent high school graduate)

As soon as you get your SIN. But be warned, that you as a PR would still pay the International Tuition fees.

6.) Although we haven't spent much time together in person, we have things I.E emails, IM's, conversations from friends regarding us, flight history such as boarding passes, receipts from packages sent to each other, etc... would these things be OK to use to show proof of our genuine relationship? Unfortunately, we don't have any pictures together.

YEP! Try to get some photos. Again, see the link for my blog

7.) Is it possible for me to have any shared documents with him while I'm there visiting for my 6 months as a U.S citizen to increase our chances of being granted the sponsorship?

IE Lease? Yes. If you can, a joint banking account would work too.


We both decided its best that I go to Canada, as I am not established here in the states. Basically, "I'm young" and can make this kind of move without having to worry about any set responsibilities, such as, children, bills, etc...

Our original plan was for me to attend school there but as I read more into study permits, you could be easily denied if you don't show proof that you intend to leave Canada after your studies. Since I don't intend to leave, there would be no way of showing any proof.

If common law isn't the best option, could you recommend anything that would work in our favor?


Thank you for taking the time to read this and help me with my questions.

Kindest regards.

http://parker92411.blogspot.ca/2012/11/immigration-process.html

 

[mehdiR]

thank u Very much SCAYLLA, TUYEN and COMPUTERGEEK

I 'll try to do my best and inform her to proceed with the steps u guys pointed out .

 

[micmac101]

http://parker92411.blogspot.ca/2012/11/immigration-process.html

Wow parker24,

I read your blog great job!!!
You will help a lot of people

 

[Popo012]

Hey every body,I hope everybody's process are moving forward.
I am in second stage,I just hope everything goes well for me because second stage is the last,biggest one and even longer.I will stay there,wait and not trying to stress to much.Im just afraid that,just a little thing can make them worried or reject my application.I don't have a criminal record,Im clean.I don't have any problem with health,I'm not worried about that.I have a good relationship with my wife and her family.we have been together for 4 years.I will received my health card in Quebec,that I was been waiting for a long time.
I just hope everything will be fine for me.
Any help to make me feel better about everything will be very appreciate thanks.

Good luck everybody

 

[tavora]

5.) If by a miracle we are granted this sponsorship, how soon could I start working? or even attend school? (I'm 19, recent high school graduate)

As soon as you get your SIN. But be warned, that you as a PR would still pay the International Tuition fees.

I don't think this is true? As a PR, you should be eligible for domestic tuition rates. When I checked the University of British Columbia's tuition rates, this is what it says:

If an international student becomes a Permanent Resident on or before the Tuition Fee Payment Due Dates of the term, domestic tuition fees will be assessed for that term.

If an international student becomes a Permanent Resident after the Tuition Fee Payment Due Dates for a current term, international tuition fees will be assessed for that current term and domestic fees will be assessed for subsequent terms.

Please Note: Permanent Resident status is attained as of the "Landed on" date, indicated on the Record of Landing, not the "Date Issued."

 

[Popo012]

Hey every body,I hope everybody's process are moving forward.
I am in second stage,I just hope everything goes well for me because second stage is the last,biggest one and even longer.I will stay there,wait and not trying to stress to much.Im just afraid that,just a little thing can make them worried or reject my application.I don't have a criminal record,Im clean.I don't have any health problem,I'm not worried about that.I have a good relationship with my wife and her family.we have been together for 4 years.I will received my health card in Quebec,that I have been waiting for a long time.
I just hope everything will be fine for me.
Any help to make me feel better about everything will be very appreciated thanks.

Good luck everybody

 

[irallyn]

When you apply for your PR, you must include your spouse and dependent children in your PR application. You can choose if you list them as accompanying or not accompanying.

If you choose accompanying, they get PR with you. If you choose not, they will still have to have medicals and background checks but they will not get PR although you will be able to sponsor them later.

If you want your dependents to come and live with you in Canada, you should choose accompanying. There is no advantage for you in sponsoring them later.

thank you, so its still the same process as before? i saw 1 post here and he said that now that LCP is under economic class you will not be able to list spouse and dependents as accompanying. He said I will have to wait till i get PR even if I am under LCP, then I will have to sponsor them.

 

[parker24]

Wow parker24,

I read your blog great job!!!
You will help a lot of people

Thanks!

 

[computergeek]

thank you, so its still the same process as before? i saw 1 post here and he said that now that LCP is under economic class you will not be able to list spouse and dependents as accompanying. He said I will have to wait till i get PR even if I am under LCP, then I will have to sponsor them.

That other person was wrong.

 

[KKRSTNA]

Thank you so much Parker for the information!

I have about two more questions...

If I do decide to go the study permit route...would me showing a boarding pass going back home ( states ) be enough "proof" to be granted the permit?

If my boyfriend filed for bankruptcy a few years back, does this cut our chances of him sponsoring me?

 

[frege]

5.) If by a miracle we are granted this sponsorship, how soon could I start working? or even attend school? (I'm 19, recent high school graduate)

If you do an in-Canada sponsorship, you can get an open work/study permit as soon as Stage 1 is complete. As soon as Stage 1 is complete, you're exempt from tuition fees for foreign students. That's how it is in Quebec and I'm pretty sure about Ontario too. If you do an outside-Canada application, you won't be able to work or study until the whole process is over, and for the U.S., my impression is that this takes longer than an in-Canada Stage 1. In any event, you're exempt from international fees as a PR.

The main drawback of an in-Canada application is that if they think you need an interview, you may not get Stage 1 approval for ages because the CIC offices where they do the interviews can be very very slow. So make sure you have a solid application. I'm not too familiar with the common-law process, but to be safe you might want to wait until twelve months after you've ticked a couple of their boxes (bank account, utility bills, etc.) That being said, interviews aren't too common.

Our original plan was for me to attend school there but as I read more into study permits, you could be easily denied if you don't show proof that you intend to leave Canada after your studies. Since I don't intend to leave, there would be no way of showing any proof.

I don't think the fact you intend to stay in Canada is a bar to getting a study permit. The point is that you intend to stay in Canada, but only if you're given approval. You really intend to study, you don't intend to work illegally, and you intend to leave if your time runs out someday because you're not approved for PR. You want to stay, but not illegally in any circumstance. Even though you do intend to apply for PR, this is permitted because you are also a genuine student, so you have what is known as "dual intent." (This doesn't exist in U.S. immigration, to my knowledge, which is why they get angry at the border if they find out you actually intend to apply for something else once you're in the U.S.)

For somebody like you, the main reason they'll probably believe you intend to leave is that you've been a law-abiding person so far. Law-abiding people leave when they're told to.

In fact, everything I've said about dual intent is equally applicable to visitor status or student status.

Here is paragraph 22(2) of the Immigration and Refugee Protection Act:

Dual intent

(2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

If you're interested in studying in Canada, I strongly recommend you read Section 5.15 of CIC manual OP 12 (Students) on "Bona Fides." If you'd like to come as a visitor, read instead Section 14 of CIC manual ENF 4 (Port of Entry Examinations) on "Dual Intent." Here are the links.

http://www.cic.gc.ca/english/resources/manuals/op/op12-eng.pdf
http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

In assessing an application, an officer should consider:

- the length of time that they will be spending in Canada;
- the means of support;
- obligations and ties in home country;
- the likelihood of leaving Canada should an application for permanent residence be refused;
- compliance with requirements of the Act and Regulations.

 

[frege]

If my boyfriend filed for bankruptcy a few years back, does this cut our chances of him sponsoring me?

If a person is an "undischarged bankrupt," then they can't be a sponsor. I don't know exactly what this means, but it sounds like the bankruptcy process has to have ended somehow and the person has gotten a fresh start.

 

[KKRSTNA]

Frege, thank you so much for the information!

With the information given, I just might persue the study permit.

Here's one more question...

I'm looking to enroll in Algonquin college, they have some programs/courses that last about 6 months. Is it possible to have a study permit that lasts 6 months? if it lasts six months, can I apply for an extension so I can stay in ON for another 6-8 months to complete our common law?

Could I do a 6 month program, have a study permit good for a year, and stay legally in Canada with that? even though I technically wouldn't be in school for 6 months?

Could I live with my boyfriend while I'm studying there? or would I have to live on campus?


Also, for Parker; is that $1040 for both persons? or is that for one in total?

 

[KKRSTNA]

Frege, thank you so much for the information!

With the information given, I just might persue the study permit.

Here's one more question...

I'm looking to enroll in Algonquin college, they have some programs/courses that last about 6 months. Is it possible to have a study permit that lasts 6 months? if it lasts six months, can I apply for an extension so I can stay in ON for another 6-8 months to complete our common law?

Could I do a 6 month program, have a study permit good for a year, and stay legally in Canada with that? even though I technically wouldn't be in school for 6 months?

Could I live with my boyfriend while I'm studying there? or would I have to live on campus?


Also, for Parker; is that $1040 for both persons? or is that for one in total?