What to do -which application?

[belladidi]

My first log on this informative and awesome website- PS -thank you for all the valuable information !

Okay so here is my sitaution and any comments or guidance will be a huge help!

I currently have a skilled worker app for PR sent in to the South African Canadain consulate which was started with processing in April 2006. The website states that my app is in process.So far they have aknowledged reciept of my app and that no additional documents are required. I have more than met the points requirements for education/job expereince and languages etc (Both English and French).
The reason for my app was that I have been in a relationship with an awesome Canadain permanent resident for the last 6 years. I have travelled in and out of Canada on a tourist visa, my visa's have been issued for 2 years,for multiple entries and my most recent visa issued has a 3 year expiry (2012)(However still only 6 months for a visit at a time).

We are now finally getting married next month(YAY) and were advised that we could/should submit an app in the Family Class Sponsorship as this would be quicker to gain PR status.

My job responsiblities are that I work internationally(where ever we sail!) within the cruise industry in shipboard senior managment operations and so have always travelled in and out of Canada the last 5 years(never being any issues with IO) and my home country during my vacation times- I work 4 mnths and have 2-3 mths vacation.(My fiance was also working for the same company , same contracts as me but this year he is now permanently home in Canada!)

The question is which app to go with, do we wait for the final app of the skilled worker app or can /should I submit a sponsorship of a spouse as an outland app as this is a far quicker process? Yet can this jeopardize my skilled worker app and is this a recommended move? My fiance and I just want to be able to be together as soon as posible as husband and wife living and both working in Canada.

I am still working for the same international cruise company to ensure my history of employment, I have been in Canada for a longer 5 month vacation and our wedding and am due to return to sea in July!

Thank you for any guidance!

 

[RobsLuv]

The processing timelines for Skilled Worker aps through Pretoria shows finalization in 26-62 months . . . you're currently at about 49 months. A spousal PR application processed through Pretoria would finalize in 4-10 months, plus another 2 months for assessment of the sponsor's eligiblity at the Case Processing Centre in Mississauga - plus whatever amount of time it takes to put together all the proofs of your "genuine relationship", etc. There is a chance that the assessing officer could think that you only married to get into Canada because of the fact that you've had a SW ap in process for four years, so you'll need to be sure you provide lots of strong evidence to refute that. That's what "genuine relationship" is about. I'm also of the understanding that you'd have to abandon your SW application in favour of the spousal ap - so you'd be starting all over again: new fees, new medicals, new criminal clearances, etc., along with the risk (although it would probably be slight considering you've been in relationship for 6 years now) that they would suspect your motives for marrying.

That said, I really feel that it's probably not in your best interest to abandon the SW application and start over again. Chances are - considering how far into the SW process you already are - that you'd be approved for either at about the same time . . . and if, for some stupid reason, your spousal application was refused, where would you be? I say don't be tempted by what seems to be shorter processing times for the spousal application. Wait out the SW ap, and if for some reason it isn't approved, then apply spousal. Just be sure you notify the Embassy, in regards to your SW application, of your marriage when it happens and be sure to include proof of your spouse's Canadian permanent residence. Another disadvantage to the spousal process for the two of you would be that your spouse is a permanent resident - not a Canadian citizen. That means that, in order to be an eligible sponsor, your new husband would have to STAY in Canada for the duration of the spousal PR process. Considering your employment, it seems that the spousal process could actually have a negative impact on your ability to spend time together. It sounds from your post as though you have no trouble entering and exiting Canada now - and he has no trouble traveling with you . . . all of that could change with a spousal PR ap. Just another reason - IMHO - to leave well enough alone and wait out the SW application.

 

[belladidi]

Hi RobsLuv

Thank you for the very detailed response to my question. Very helpful indeed.

Apologies for the delay in response, had a rather tough time with the recent and sudden passing of my Father in May in South Africa, have just returned back to Canada. Now to refocus on our immigration plan.
Thank you for the advice that on our wedding we should advise Pretoria of my status change.

Will keep my outcome posted.

All the best. Thank you

 

[canadianwoman]

I agree with RobsLuv - continue with your Skilled Worker application. It will probably be done in a similar amount of time as a new spousal application. Plus you have no trouble visiting each other. If it is refused, you can try a spousal application.
Definitely tell the visa office when you get married.

along with the risk (although it would probably be slight considering you've been in relationship for 6 years now) that they would suspect your motives for marrying.

The risk is real - I and my husband have been in a relationship since 2001; his PR application was refused in 2009 because the visa officer didn't believe it was a genuine relationship.