Visa problems, boyfriend is Irish.

[marcjacobs]

Hi there,
I will post my story here and hopefully someone will be able to help me because I'm very confused and nervous about all this process.

I was born in Montreal, and my boyfriend is from Ireland. I met him in Canada a few years ago.
He moved there for a year with the Working Holiday Visa (swap). We started going out in september/october. He came visit me in December for 10 days. (We have proofs, pictures, flights, etc.) Then, I decided to apply for the Working Holiday Visa to move to Ireland. The process took a few weeks and I moved to Ireland in February 2010. (He paid for half my flight/my visa. We still have the Western Union receipts, Bank accounts statements and everything)
When I moved here, he was already living in a house with other people, so I moved in with them. My name wasn't on the lease because he was living there for a year already. But I have proofs of address from February. (I received government papers, social security number, opened my bank account with this address, received mail and postcards there.) We recently found a new apartment just for the both of us. Moved in June 1st (Both our names are on the lease now)

My visa expires February 8th. So I wil have to go back home. I would like to go back home for christmas, and he wants to move to Canada with me then. So here is the problem.. We want to apply for the common law partner visa thing, but we will be living together for a year in February. We don't want to be far from each other again because it's just too hard. We are considering getting married (not for immigration but because we both know we want to spend our lives together but would like to plan a decent wedding and can't afford it at the moment) I really don't know what to do !!

Situation 1: We move back to Canada January 1st, we would be dating for 14 months, living together for 10-11 months.
I know we need to wait until it's 12 months. So I am wondering how we can do this. We'd have to get proofs of address in Montreal for both of us for the last 2 months. Since he took his year holiday visa, he wouldn't be able to work. So I would have to work and pay for both of us. I am wondering how long can he stay there as a tourist ? Is it 3 months or 6 months? Does he need to have a lot of money put aside to show immigration he can afford to stay in Canada without working for 3months or if I am there with him and I tell them I am going to work and pay for both of us is okay? I don't mind if I have to move back to Ireland after 3 months. Or can he just come to Canada for 3 months, get out of the country (go to USA or something) and enter back for another 3 months? Without working. Or it's not possible? Is it better if we apply from Canada or I need to move back to Ireland for 3 months and then apply from here.

Situation 2: I go back to Canada by myself for 2 weeks in February and re-enter Ireland for a few months (Can I go out of the country for a week and then come back to Ireland for another 3 months or it's not possible?) I can just pretend I'm going on a Eurotrip for a few weeks. And then we can apply for the common law visa from Ireland. I know I couldn't work but it doesn't matter.

How long could it take for him to get any kind of visa or permit to stay in Canada so we can actually get our own place and settle down.
Without having to move from Canada to Ireland back and forth.
Other thing I was considering is, I could apply for a 2years holiday visa to UK or 1 year in France (with swap) But I think you have to come back to Canada for a year before being able to apply for another visa. I am not sure, that's what I heard. Cause then we could just both live somewhere else for another year and wait for the long process to be done.

What do you think I should do ? If we get married is it really that easier or it takes a while as well? How long can it take for him to be able to stay in Canada permanently (with working visa or not).
The proofs we have now are Pictures, Skype chats and calls records (we used to just leave skype on for hours, everyday that we were apart) Emails, Facebook comments, messages and pictures with dates (Posted December 2009) for example. Proofs of addresses, Western Union and Bank money transfer proofs and statements. My name is now on the lease, we are going on holidays together so we're gonna have more pictures and flights tickets together) We can also get letters from his family, our friends, even my friends in Montreal who met them when he was there.

I know it's gonna be so hard, and I just hope someone can give me more informations. I read the immigration website and everything, I just don't know what option is better for us and what I should do if we want to stay together all the time and get a visa for him as soon as possible.
I know it's a long post, sorry about that. I just wanted to make everything clear.
Thank you!!

 

[whoopi83]

Whichever route you take, you must prove cohabitation of 12 continuous months. Unless you marry.

He can enter for 6 months on a tourist visa but must prove he intends to leave and can fund his travel/stay whilst in Canada. (Return ticket, ties to Ireland etc).

There are no easy shortcuts, the process is traumatic enough when you have the required documented evidence, trying to find an easy way won't be easy. Your simplest route would be to marry so that cohabitation proof is not as important as proving the genuineness of the marriage.

 

[ireland]

hi there im an irish guy and you guys are going threw what me and my canadian girlfriend are going threw. im going there in 6 wks and i can stay up till 6 months and im takeing 3600 pounds thats about 6000 dollars r so and that is to show them i can saport myself and he will need a return ticket for sure . this is a thing he could do r maybe not but i have heard of guys doing this .if he has a close friend r close family member ask them to put a few thousand in his account for like 2 wks then get a print out from the bank showing his name and balance of thousands . its an idea . and why dont you guys just get married it doesnt have to be big just the 2 of u guys and a couple of friend and get married on a beach .then once ur both in canada and married and have all the papers to stay there you can always save up and get married again the way u wonted . thats what me and my girl are doing . the only problem i have is i have 4 drunk and disorderly charges hanging over me so i hope get to stay when we get married . but you guys will be ok im sure of it , and get a canadian immagration lawer there in canada this will help you way better i no u guys dont have much but this is very important . good luck

 

[marcjacobs]

Thank you so much for replying.

We both have pretty good jobs right now so wouldn't have any problems saving thousands of euros and he can always get a flexible return flight ticket. I wouldn't mind coming back here for a few months as a tourist after that. Any ideas of how long the process can take ? And if he stays in Canada for 6 months, can he get a temporary permit to stay in the country if the application is still being proceed? Is it easier to apply from Canada or we should apply from Ireland?

Our relationship is definitely genuine, they could interview us for hours and they'd see that we know everything about each other. Does it make any difference if we get married in Canada or in Ireland?

We are considering getting married ...just not right now. but you're right, we can always plan a big wedding later.

 

[BeShoo]

Any ideas of how long the process can take ?

Currently, 80% of cases are taking 2 to 8 months in London. Add 1-2 months in Canada for the sponsorship to be approved.

And if he stays in Canada for 6 months, can he get a temporary permit to stay in the country if the application is still being proceed? Is it easier to apply from Canada or we should apply from Ireland?

You'd be waiting years probably for an in-Canada application (at least 2, I think). He should b able to get a temporary permit for up to 6 months, as long as they are convinced that he has good ties to Ireland and something to go back for (a job/property/apartment lease, etc.), and that he has the money and intention to go back. You can ask for that to be extended. They don't have to give an extension either, but it seems like they usually do when an application is in process, as long as they are still satisfied he will return when asked and you really have a genuine application going on.

Does it make any difference if we get married in Canada or in Ireland?

Doesn't make a difference, except that any marriage in another country would have to also be considered legal in Canada. For example, if a country allows siblings to marry, that wouldn't be considered legal in Canada. I don't see any such problem in Ireland.

We are considering getting married ...just not right now. but you're right, we can always plan a big wedding later.

Be careful with that. If you're "considering getting married" they may not consider you to already be in a marriage-like arrangement yet. Fiances are definitely not eligible to be sponsored, so you shouldn't introduce any doubt that you have already been in a permanent relationship for at least one year. It's probably easier all-around to get married first.

 

[angelbrat]

You'd be waiting years probably for an in-Canada application (at least 2, I think). He should b able to get a temporary permit for up to 6 months, as long as they are convinced that he has good ties to Ireland and something to go back for (a job/property/apartment lease, etc.), and that he has the money and intention to go back. You can ask for that to be extended. They don't have to give an extension either, but it seems like they usually do when an application is in process, as long as they are still satisfied he will return when asked and you really have a genuine application going on.

I have just received my PR from Inland spousal application. It took 7 1/2 months from start to finish. Not all Inland's take that time, only if there are any doubts or queries on the application.

A clean ( CIC word for a no problem application by the way) application can be as quick Inland as Outland.

Hope that helps

 

[marcjacobs]

Thanks!

There is one thing I don't understand.
If we apply Inland, he moves to Canada in February, we send the applications with all the proofs we have.
He can only stay for 6 months as a visitor. (I know a guy who buys a flexible return ticket when he go visit his girlfriend, and then he changes the date so It look like he's going to be there for a month but he ends up staying for 4-5 months, so I guess we can always do that) But then If he says for 6 months as a visitor. They say that if you apply inland and he fly out of the country, he might not be able to come back in and his application will be void. I don't understand how is he supposed to STAY IN the country when he can only stay for 6months and the process can take years? Should we apply to extend his stay as a visitor (and then he couldn't be able to work right?)
Is there a temporary work visa that he can get or something to be able to stay in the country for the whole time the application can take?

Or should we apply outland ? Would that mean that he has to stay in Ireland or out of Canada? Or can he apply outland, come visit for a few months and then I can come visit for a few months as well. Apparently it's quicker. I just don't wanna have to wait in Canada while he has to stay in Ireland. That would be shite.

I know it's not gonna be easy but I'm trying to find the best way that we wouldn't have to be far away from each other for months you know. If he moves to Canada, we get married there, we still have to send an application and how long it can take if we are married?
We have a lot of proofs that our relationship is genuine. All our emails, conversations, skype calls, phone calls, texts messages, letters, proofs of address, our name is on the lease and the gas bill, internet bill, bank statements, western union receipts, we share a saving bank account. We dont have a lot of pictures but we do have some from the beginning to now. We can get letters from our parents, friends, landlord, etc.
Do you think that would be enough? You don't need all that when you are married right ? But can you still send all the proofs with your certificate of marriage or it's not necessary? They can interview us and they will never refuse us, I don't see why they would.

So yeah, just wondering in that case would it be easier to :

1. apply inland, and how can he stays for the application process since he can't get out of the country but can't remain in Canada more than 6 months at the same time?
2. apply outland, and is he allowed to come visit for months and can I go visit for months as well , so we don't have to be far away or he needs to stay in Ireland and I need to stay in Canada?
3. get married (we still have to wait after a year we live together right? cause weve been together for almost a year, but living together for 5-6months only) and apply from here, my visa expires in February.
4. get married when we move to Canada, after a year living together, and apply from Canada with our certificate of marriage.

What would be the easiest, fastest way between these 4?

Thank you everyone for replying, youre giving me a little bit of hope. Even if I know the worst is not even started.
Good luck with your cases !

 

[canadianwoman]

1. apply inland, and how can he stays for the application process since he can't get out of the country but can't remain in Canada more than 6 months at the same time?
2. apply outland, and is he allowed to come visit for months and can I go visit for months as well , so we don't have to be far away or he needs to stay in Ireland and I need to stay in Canada?
3. get married (we still have to wait after a year we live together right? cause weve been together for almost a year, but living together for 5-6months only) and apply from here, my visa expires in February.
4. get married when we move to Canada, after a year living together, and apply from Canada with our certificate of marriage.

Outland is usually much faster than inland. Your partner can be in Canada and still apply outland - it just means if there is an interview, it won't be in Canada. You are a Canadian citizen, so you do not have to stay in Canada while they process the application. So he can come to Canada, stay for six months, and then get an extension, or you could go visit him.
Being married is easier than applying common law. But if you get married you still have to prove your relationship is genuine. Your marriage certificate is not enough. All the proof you listed should be included in the application if you are married as well.
As soon you are married you can apply. You do not have to have lived together for a marriage-based sponsorship - though any evidence of cohabitation is good proof that your marriage is genuine.

 

[marcjacobs]

REALLY ?
That's brilliant!
We will probably apply outland then. If we decide to get married before it's been 1 year we live together, we will and we're just going to send all the proofs we have anyways. If we decide not to get married, we're just going to apply outland and he can still come visit for 6 months and then ill come back here until the application thing is done, or ill just move around europe for a few months.
I think it would be the easiest thing to do. Does anyone knows how long it can take to apply from Ireland (well I think it's with the London office) and how much it can cost ?
If there is an interview scheduled in Ireland, we'll just fly here, no problem with that.

Awe, finally a little bit of hope.
haha thanks!

 

[canadianwoman]

An outland application takes about 45 days for the in Canada part, and then from 2 months to 8 months at the London office.
It costs $1,040 to sponsor a spouse, plus all the other expenses - preparing your application (photocopies, affidavits, photos, etc.), then mailing it. If you hire a lawyer or immigration consultant, that can cost from $2,000 to $5,000 more. I don't think you need a consultant or lawyer, though, because you seem to have a lot of proof. They are good if you have some problem in your application - for example, child custody problems, criminal convictions, a previous sponsored spouse, etc.

 

[marcjacobs]

I'm from Montreal so obviously he would like to immigrate to Quebec. He doesn't speak french at all, but he's trying to learn.
We wouldn't mind moving to Vancouver, he lived there for a year and really liked it. If we apply for Vancouver, he get accepted and then we decide to move to Montreal, would we have to send a new request for Quebec ? Or we should apply for Montreal straight away, since i'll be living there, and then he would be free to live anywhere in Canada ? Is it gonna take much longer for the Quebec part ? And I don't think we need a lawyer. If he's refused, then we can get one to appeal or something. But we do have a lot of proofs so I don't see why he would be refused. Thank you everyone for replying. You're all really helpful.

 

[ireland]

i realy hope you 2 do well . the worst thing to do is to stress to much over it i no its hard but try to relax and make sure you have a plan b becuse you never no what will happen . but i have i good feeling about you guys . and u no what the great thing is lol ur boyfriend/husband is irish so thats an even better chance for getting in . good luck and relax if its ment to be then its ment to be

 

[BeShoo]

I'm from Montreal so obviously he would like to immigrate to Quebec. He doesn't speak french at all, but he's trying to learn.

Once you're accepted anywhere in the country, you're free to move wherever you want. If you can going directly to Quebec first, you have to be approved by Immigration Quebec. There is an additional processing fee of $250 for that. For a spousal sponsorship, you don't have to speak French, you only have to state that you "intend to learn French." When you arrive in Quebec, the provincial government will pay for classes, either part-time or full-time. If you take full-time classes, they will actually give you a living allowance plus bus money.

Is it gonna take much longer for the Quebec part ?

From what I've read I think the Quebec part takes about 2 to 8 weeks and it might be possible for the rest of the file to be sent to London at the beginning of that time.

If the application is being processed in London, the interview (if needed) would be at the London office, not in Ireland.

For an inland application, the manuals say that they should not refuse extensions to the visitor status until a decision is made, because that would be in no-one's best interest. For an outland application, extensions are not assured quite as much, but I've never heard of anyone being refused an extension while an application is in process providing that everything else is satifactory.

 

[marcjacobs]

Does anyone know how he could enter the country for 6 months. He doesn't really have any proofs of "ties" to Ireland. He can prove that he's been working for a good well-known company for years, and planning to go back. But otherwise, he doesn't own a house, and our lease is expiring when we go back... If he says he's only coming for a month, and gets a return flight that he doesn't use in the end, would it be enough ? If he proves that he can support himself for a month. I wonder are they gonna stamp his passport just for 1 month or automatically you can stay for 6 months maximum ? The most difficult part would be for him to enter the country and to be able to stay at least until he gets his PR card. We are gonna apply outland. What are you suppose to tell immigration. We don't want them to think that he's gonna overstay his visitor visa or work illegaly. If he has to leave he will and I will support both of us there. I just don't know what we should tell immigration... Thanks

 

[BeShoo]

Does anyone know how he could enter the country for 6 months. He doesn't really have any proofs of "ties" to Ireland.... If he says he's only coming for a month, and gets a return flight that he doesn't use in the end, would it be enough ? If he proves that he can support himself for a month.

Does he have family in Ireland? That might help. He could then list their address as his "permanent address". I'm sure he will want to go back eventually, even if just temporarily, so maybe you could get a return ticket that allows changes to the return flight.

As long as there's convincing evidence that either he can support himself or you can support him, it should be okay. That might take a letter from you and if possible you could be available to state in person (or maybe by phone) that you will support him, that would be good.

I wonder are they gonna stamp his passport just for 1 month or automatically you can stay for 6 months maximum ? The most difficult part would be for him to enter the country and to be able to stay at least until he gets his PR card.

Normally, they will always stamp it for 6 months, unless they feel there is some good reason to give him a shorter amount of time. My boyfriend came in November for 5 days (and he told them he was my boyfriend) and they wrote in a date of 6 months later.

We are gonna apply outland. What are you suppose to tell immigration. We don't want them to think that he's gonna overstay his visitor visa or work illegaly. If he has to leave he will and I will support both of us there. I just don't know what we should tell immigration... Thanks

It's always a good policy not to ever lie to an immigration officer. If they catch you lying it can have bad consequences. So long as you've paid the application fee and you have the application sent or in preparation for sending, there is a very good chance that they will give him 6 months on a "Visitor Record." They will want to know that you are supporting him and that he fully intends to go back to Ireland if anything were to go badly with the application. A return ticket would normally be expected, and somewhere to go back to would be necessary too, I think. They want to be sure he will not be stranded in Canada with no place to go.

Saying that you will finish completing the application together would probably a good reason for them to let him stay. Many people have done this. They would really like to see that receipt for $550 to show that you are really serious about applying. They will likely give him at least enough time for a minimum processing time on the application. That can be extended and they will explain how that is done. Once you have applied for an extension, you can stay until you get a decision on that.