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| Subject: a few questions |
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Hi,
I am a canadian citizen, I met my fiance a UK citizen while he was on vacation in canada last year. He has distant relatives who live there. Since we met in july of last year, he returned to the UK to work and get his house ready to sell as we would like to live in canada. I came to the UK to visit him in october 2009-january 2010. went home for 2 weeks and now am back on a 6 month visitor visa until July 2010. He is considered a skilled worker but we have been unable to find a company which will offer him a job in canada. We want to get married perferably in canada. so i have a few questions;
1. If his house is sold by the end of july can he accopany me to canada with a visitor visa?
2. What is landed immigrate status and how can you apply for it?
3. If we get married and start the paperwork for a sponsorship can he stay in canada with me while it is waiting for approval?
4. also i read somewhere that if you and your partner have been together for a year but were unable to live together for the entire time therefore not being commonlaw you fall under another category and can still apply to sponsor them in that case again could he come to stay with me while applying for it?
Thank you to anyone you can give me some insight into the situation
[08-04-2010,06:39]
[**.197.39.95]
Carolyn |
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(in reply to: a few questions)
Hi Carolyn,
1.If he is a British Citizen he does not require Temporary Resident Visa to visit Canada, However he must demonstrate that he is in fact a VISITOR.
2.It means you have been confirmed as a permanent resident of Canada after being issued an immigration Visa. You have the right to live, work and study in Canada as long as you maintain the status.
3.As long as he is admitted and can maintain his legal temporary status in Canada there should not be a problem. This is a tricky part since you have to understand the differences between in-land submission to CPC-Vegreville and overseas submission to CPC-Mississauga and the implications if it is not a straight forward sponsorship case. Overseas cases are usually concluded within 3-6 and the sponsor has the right of appeal to the immigration appeal division of the IRB if the visa office refuses the application.The processing time line is different if the visa officer is not satisfied that it is not a relationship of convenience and call the applicant for an interview.
The in-land process is designed for couples who are already together in Canada and specific reasons make the in-land process make more sense in those particular cases. Generally the overseas process is the way to go. The is no right of appeal to the IRB with the in-land process.In many cases it does not make any difference because the couple live together in Canada, and in genuine relationships they generate the documentary evidence as they go. But if for some reason (like the marriage being a marriage of convenience (: ) you get a refusal in the in-land process, with no grounds for appeal to the federal court, you are stuck.
4. You are probably referring to the conjugal partner option. I really don´t see how you can claim that circumstances beyond your control prevented you from living together for 12 continuous months. They expect to see efforts to be together and how immigration rules of your respective countries cut the 12 months required for common-law partnership to be formed short. It will be difficult to prove with a British citizen, but not impossible.
If you don´t have proof of refused admissions/extensions of stay in each other´s country, or some other valid explanation for the inability to cohabit the 12 months period, I am not sure you can make the case .They expect you to put the relationship ahead of career choices and school.
Amir
www.greatnorthimmigration.com
[08-04-2010,09:38]
[***.32.27.28]
Amir |
(in reply to: a few questions)
Thank you for your response it has been helpful
[08-04-2010,16:20]
[**.197.50.167]
Carolyn |
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