UK to Canada. Advice and Guidance appreciated!

[englishmuffin]

Hi there guys / gals.

I have been reading posts on this forum from time to time to help me with own situation, but the time as come where I have had to give in, sign up and ask for guidance.. so here goes

In 2006 I arrived in Canada for an expected few months to meet the woman I fell in love with through an online radio station we both frequented. I wont go into the ins and outs of the relationship for the first year (2005-2006). She needed some serious family help and so I went to support her in doing so and obviously to meet her for the first time.

I extended my stay by another 3 months (legally via extended stay visa). After my visa ran out, the childrens father passed away and so I decided to stay to support her and them through a tough time. What was meant to be a 2 month stay resulted in staying out of status for over 5 years. Our relationship has gone from strength to strength. She loves me. I love her. The kids love me and see me as their dad. I love them the same and see them as my own.

You may be wondering why we did not apply for immigration of some class. Neither of us had the money to do so and at the time she was not working. Any little money I was earning (from a small online business in the UK) was saved over the years for my return flight back.

Eventually I did return to the UK (In March of 2012) due to health issues and family issues I needed to take care of. This as well as wanting to get back to Canada at some point legally. If we were to have any kind of a future, we needed for me to be in canada legally.

Point to note: I was never in anyway asked or requested to leave Canada by any authorities. RCMP knew I was in Canada, out of status on 2 occassions, however nothing was ever done (they visited for different reasons, not to do with my status). The last I heard from RCMP was in January 2010. I have not heard from them or any other authoriyy since. I left on my own accord.

We are now engaged to be married and our plan is for me to immigrate via the family class (spousal) sponsorship method. At this point we are unsure wether to get married before or after the application process. We certainly do not want it to look as though we got married to try and help the application as I know married or not it makes no odds as long as the relationship is genuine (which it evidentally is).

If I can explain what our plan looks like, perhaps anyone reading this post might be able to give some advise or guidelines on anything we may or may not be doing wrong.

• I am visiting her and the kids in Feb 2013
• We get married in October 2013.
• I understand we have to wait 8-10 weeks after to get the marriage certificate. (so will have to wait 10 weeks)
• Once marriage certificate obtained, start the spousal sponsorship process (Outland, not inland).

If I understand correctly, I would be ok to be staying for the 2-3 months once I have arrived (the 6 months allowed??). While the application is being processed I would be ok to stay with implied status until a decision is given (correct?) I do understand during this time I entitled to nothing, can not work or study etc. I am well aware of all that and do not intend to do anything that would upset our future.

We could start the application process now, however I wont be able to leave the UK perm, until next October anyway. I have knee operation coming up and obviously need time to heal up. (would this go against me with the medical?). Also we would have to state we intend to get married. Would this also go against us?

Any advice or guidance would most appreciated. If there is something I have missed out or you need additional info of, just ask and I will happily provide.

Thank you for your time

 

[scylla]

While the application is being processed I would be ok to stay with implied status until a decision is given (correct?) I do understand during this time I entitled to nothing, can not work or study etc. I am well aware of all that and do not intend to do anything that would upset our future.

Submitting the sponsorship application will not give you implied status. If you wish to remain in Canada, you'll have to apply for an extension once your permitted visit is close to expiring.

 

[englishmuffin]

Submitting the sponsorship application will not give you implied status. If you wish to remain in Canada, you'll have to apply for an extension once your permitted visit is close to expiring.

Good to know, thank you ;D

 

[R151NG5UN]

Hey and welcome to the boards,

You can most definitely apply as common law, Conjugal really is not appropriate and not very successful either. Marriage is certainly a better when applying but whatever you feel most comfortable with is definitely the way forward. Becoming married would perhaps slightly work in your favour as a marriage is obviously the firmest commitment you can give to the person you love. Once again whichever you choose and makes you happiest is best.

I am pretty sure when I became married to a Canadian citizen the marriage certificate was about 3-4 weeks until it was delivered, so once you have that your good to go. You can also get your application ready before that with supporting evidence, in your case shared bills, phone records, photo's, cards, gift receipts etc etc etc. So when you have your marriage certificate you are ready to submit you application. I personally would schedule your medical for a day or 2 before you plan to submit your application (Medicals are only valid for 1 year) and your Police checks for any country you have lived for more than 6 months about 1 or 2 months before you submit your application (Once again only valid for 1 year and must be received within 3 months of issuance)

You most certainly dont need to leave the U.K before applying (obviously if you go down the common law route). If you apply outland the processing times are roughly between 5 months-10 months and you and your fiancee are free to travel as you so wish for any duration you wish (providing it is within visa limits) and can also stay in Canada whilst your application is under review. You also have the right to appeal if needed. If you apply inland, the processing times are longer, you cannot travel outside Canada for long periods of time (3 weeks at most) and even then that can be dicey. You do not have right of appeal if you apply inland either. Considering what you have said inland really does not seem to have too much benefit for you and your fiancee.

Stating you intend to get married would most definitely not go against you either and would show how you intend to develop your relationship in the future.

From your post it really seems you are undecided on whether to apply common law or marriage as you describe 2 scenarios and both look well thought out and very feasible. Nobody can really give advice on whether you should marry or not but we can advise on how the steps differ between inland/ outland and common law/ marriage.

Also worth noting if whilst your application is in process and you are living in Canada, you wont have any health coverage (Hope that your knee op goes well and no problems after you have the operation). Living without health coverage for a prolonged period of time, personally scares the hell out of me. I am ok with the 3 months once PR is granted but a bit scared about taking work in those 3 months *incase* anything happens.

As far as advice goes IF you decide to go common law route I would apply soon (around November) as it will take the best part of a year and once you obtain your COPR it will be relatively close to that October date you mention. If you apply after you are married then obviously you cant apply until late next year. I guess the biggest decision for you is whether to apply now or wait till late next year.

As for your question about the medical. A knee op wont go against you. They are checking you in the medical for Hepatitis, HIV and any other things that are permanent illness (things that would be a drain on Canadian welfare).

Good luck with your knee op and hope everything works out =)

 

[englishmuffin]

Firstly, thank you for taking the time to post such a lengthy response. It was most appreciate

The question of getting married is neither here nor there. We ARE getting married. period. end of . The choice to get married was mine (or ours) and certainly not a "will it help out application" other wise thats just getting married for all the wrong reasons. I have been married before (now divorced) so know how married life goes.. hehe. I know I need to get permission from the provincial government before I can do.. Currently in progress!

I actually felt it would be better to get married, then apply. I gave the 2 scenarios above as an indication that we had thought about the options available, just was not sure which would be more beneficial of the 2. I think we shall continue along our path of apply after marriage. Seems even more sensible based on your reply.

With regards to health. Ah I know all to well the problem with not having any health coverage. I had 1 night stay in Hosptial to have my appendix removed in Canada.. The cost set me back around $3800.. So yes Well aware!

I will admit, the only thing that really worries me, is entry into Canada, for next October (which is when we have planned to get married). If they do not allow me entry for some reason, everything just goes tits up and all the planning and expense up to that point will have been in vain. I certainly do not wish to lie or hoodwink authorities in any way, but I know all to well if I was to turn up and say.. hi, let me in, Im getting married, when questioned.. I foresee a direct flight back Not sure how to proceed on that front.

Again, thanks for your help!

 

[computergeek]

With regards to health. Ah I know all to well the problem with not having any health coverage. I had 1 night stay in Hosptial to have my appendix removed in Canada.. The cost set me back around $3800.. So yes Well aware!

Note that health care and the rules around it are provincially administered. In BC you actually become eligible for health care if your partner is a Canadian Citizen or PR and living in BC once your application for permanent residency has been submitted to CIC for processing. What they really want is the sponsorship approval letter, but they do seem to accept a receipt of payment + evidence you have filed the application. I don't know in which province you'll be living, but I would recommend checking out the specific rules for your province of residence.

Good luck!

 

[R151NG5UN]

Lol the visit I made when we intended to get married scared the hell out of me for the same reasons as yourself, being turned around and sent on the first plane home. I obviously never mentioned to border officials I was getting married for that exact reason. Not advocating lying but all I said was I was here to visit my girlfriend for a month, showing intent to return if they required it. Not sure if many people actually say they are entering Canada to become married for the same fears you have and the fear I had.

When I came back to visit my wife the next time, once again I was scared telling the border officer that I was coming to visit my wife but since our application was in process I was 100% honest and said I am here to visit my wife (once again with documents to show my intent to return). Actually once I spoke with him he was totally ok with it and ushered me through and said enjoy your visit.

 

[englishmuffin]

Note that health care and the rules around it are provincially administered. In BC you actually become eligible for health care if your partner is a Canadian Citizen or PR and living in BC once your application for permanent residency has been submitted to CIC for processing. What they really want is the sponsorship approval letter, but they do seem to accept a receipt of payment + evidence you have filed the application. I don't know in which province you'll be living, but I would recommend checking out the specific rules for your province of residence.

Good luck!

Interesting! Shall have to look up more on that concerning Ontario.

 

[englishmuffin]

Lol the visit I made when we intended to get married scared the hell out of me for the same reasons as yourself, being turned around and sent on the first plane home. I obviously never mentioned to border officials I was getting married for that exact reason. Not advocating lying but all I said was I was here to visit my girlfriend for a month, showing intent to return if they required it. Not sure if many people actually say they are entering Canada to become married for the same fears you have and the fear I had.

When I came back to visit my wife the next time, once again I was scared telling the border officer that I was coming to visit my wife but since our application was in process I was 100% honest and said I am here to visit my wife (once again with documents to show my intent to return). Actually once I spoke with him he was totally ok with it and ushered me through and said enjoy your visit.

Thats very encouraging.. so thank you. If anything put my mind at ease a little. Obviously I wouldn't be dumb enough to just come out with "getting married". Thanks again