Marriage so we can stay together?

Canada Immigration Forum (discussion group)


 
       
Subject: Marriage so we can stay together?
  Hi,

I´m an international student who has been studying in Canada for the last 3 years. Currently, I´m trying to renew my papers so I can finish my studies but some problems occurred since I abandoned a couple of courses etc. Needless to say, I´m going to see a lawyer this week because I really don´t want to mess things up.

Here´s the fun/sad part:
I met this wonderful person 2 years ago. This person is a Canadian.
He moved in with me for 6 months before we moved to our current appartement that we have been living in for about a year. It´s been 1.7 - 2 years that we´ve been together.
We really don´t want to lose each other. I don´t want go back to my home country and leave him behind. I love living in Canada and I love my significant other.

What are our options? Is marriage the only way I can stay on Canadian Soil with him? can marriage go wrong?

What if let´s say in 10 years, after we had a kid together, things weren´t going well and we got a divorce. Can he take full custody of our child and take my citizenship and throw me back in my country?

Or what if in we got divorced in 3 years? Will I have to pack my bags and leave ?

I know he wont hurt and we love each other but you just can´t know what the future holds for you.

I also heard that getting married doesn´t necessarily mean that I am allowed to stay in Canada anyways. I´m lost.
Someone please let us know what are our options?

Thank you!!

[25-07-2011,17:43]
[**.200.221.117]
Trifonic
(in reply to: Marriage so we can stay together?)
If you have been living common law for 1 year, your Canadian partner is eligible to sponsor you - if he wants to. It is a legally binding agreement with the government of Canada.

You will be required to prove your relationship is genuine, and your partner will need to qualify to sponsor.

Inland applications take forever and there is no option for appeal. We generally recommend outland applications.

Timing of all this will not likely happen fast enough to solve your study permit problems. I would make sure everything gets sorted out in that regard.

As to your other question - once you are landed, however, there are legal obligations on the part of the sponsor for 3 years, regardless of whether you are together or not.


[25-07-2011,19:23]
[**.180.239.117]
Sharon
(in reply to: Marriage so we can stay together?)
Getting married doesn´t mean you can stay in Canada. Once you are married, your spouse will have to sponsor you for PR status. Once you are approved as a permanent resident - you will then be allowed to remain in Canada. As part of the sponsorship application, you will have to prove the marriage is genuine and wasn´t simply entered for the purpose of letting you stay in Canada. Processing times can be as little as a few months to a few years.

You could also apply as a common law couple. However you won´t qualify for common law until you have been living together for a minimum of one full year.

Once you become a permanent resident, your spouse will be financially responsible for you for three years. This means that if you go on welfare during those three years your spouse will be held responsible for paying this money back to the government of Canada.

Start reading here for more information about the spousal sponsorship process:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp


[25-07-2011,19:28]
[**.52.181.14]
Anonymous
(in reply to: Marriage so we can stay together?)
Thank you both for replying. I can see that he can sponsor me even without getting married.
We´ll look into this.
So wait, I can get refused for a PR even if I got married or have a sponsor?
Then why all those people do arranged marriages if it doesn´t solve anything? What does getting married solve? Am I missing something?

[25-07-2011,20:33]
[**.200.221.117]
Trifonic
(in reply to: Marriage so we can stay together?)
you can be refused for a PR if you have a criminal record, have extensive medical problems or CIC determines you are using marriage/common law relationship for Canadian status rather than love.

Marriage circumvents the 1 year common law wait problem that many couples face.

Arranged marriages are a cultural agreement - and they must satisfy CIC just like everyone else. Paid or fraudulent marriages of convenience, as they are called will some times work... but when they don´t - you are out a fair bit of cash, you are banned from Canada for at least 2 years and the chances of future approval in another relationship would be extremely small.

[25-07-2011,21:35]
[**.180.239.117]
Sharon
Oh ... they all fall in love in Canada! (in reply to: Marriage so we can stay together?)
Canada: Thank you for being the place where lonely canadians can meet their 3rd world country counterparts.
[26-07-2011,00:31]
[**.207.45.223]
Vitorelli
(in reply to: Marriage so we can stay together?)
@Vitorelli
HAH!
you should hear what his parents/relatives/friends told him when he first mentioned that I´m a foreigner. They all told him to watch out since all immigrants are after Canadian citizenship.

It was a good joke, I´m still not comfortable with me being the only foreigner in the group but hey, they´re awesome people and they are force-integrating me a little bit more with each day.

Spare me the sarcastic quotes and stereotypical jokes hun, I´ve already had my share as well as given my load of Lumberjacks and maple syrup funny stories. hah

I´m sorry you guys have so many 3rd world countries love stories. Maybe you should take a break every once in a while from this forum. Who knows, maybe it would restore your faith in humanity.

While I´m at it, Vitorelli, where did I even state that I´m from a third world country? hmmm? it´s not nice when you judge people, silly.

Anyways, Thanks a bunch everyone for all your time and your replies.

[26-07-2011,10:01]
[**.200.221.117]
Trifonic
(in reply to: Marriage so we can stay together?)
@jk
you´re hillarious !
thanks for the story, love.
x

[26-07-2011,10:02]
[**.200.221.117]
Trifonic
(in reply to: Marriage so we can stay together?)
UnQuote"What if letīs say in 10 years, after we had a kid together, things werenīt going well and we got a divorce. Can he take full custody of our child and take my citizenship and throw me back in my country?

Or what if in we got divorced in 3 years? Will I have to pack my bags and leave ? "

***********************************************************
Assuming that you become a permanent resident the custody of the child will depend of other circunstances, nothing to do with immigration.

First you won´t become a Canadian citizen, through marriage or common-law you may become a Permanent Resident which is not the same thing as a "Canadian citizen". After a few years living in Canada as a PR then you may apply and become a Canadian citizen.

As of today, if your relationship fails down the road, your former significant other (or ex) at that point cannot do anything to take your status away. The only way is if he/she proves in court that it was a marriage of convenience, other than that....nothing he/she can do immigration wise.

Start here:

www.cic.gc.ca

If you decide to apply as a common law or marry him/her, you should submit an outland application.

[26-07-2011,11:31]
[***.115.153.178]
DocD
Well sorry for saying 3rd world (in reply to: Marriage so we can stay together?)
3rd word, second world or decadent Europe, it does not matter.
I liked the sotry abaout the arabian guy. Good for the canadian lady, at least she will be happy for a couple of years.

[27-07-2011,08:02]
[**.157.128.3]
Vitorelli
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