American girl trying to move to Canada

[grrl77]

Lemme give you the rundown. My boyfriend, who lives in Montreal (I'm in the US), and I met online. We're trying to figure out the best route to go, to get me to Canada. I don't quite understand what falls under the conjugal partner status, based on what I read on the CIC website, so I'm hoping someone might be able to advise on this.

I'm basically wanting to go to Montreal. Per information I've found, I'm able to travel to Canada and stay six months, if I want. After that, I'm not sure what happens. He makes great money as a programmer, so financially, we're okay there. I'm just not sure what the best route is for me to stay permanently. Could I qualify as a conjugal partner? He's been in the same line of work for a number of years, so I don't know if he could technically sponsor me? Is marriage really the best route? I've read so many different things and  don't really know where to start. Any info anyone could provide would be awesome. Thanks so much, in advance!

Regards,

Jenn

[canuck_amuck]

Hi Jenn.

My girlfriend and I are going through an identical situation right now.  I live in Canada, she is from the US.  We met each other over the internet over a year ago.  Im going to tell you what I know, so hopefully you wont make the same mistakes we did.  We have had a horrible time with all the border stuff, and lost thousands of dollars because of it.

Heres my best advice.
1. If you are going over the border to stay for more than one month, Do NOT bring more than one suitcase of clothes with you.  If you bring all of your stuff, you will be accused of moving into the country.  Also, do not tell them you want to stay for more than a month, again they will try to accuse you of trying to immigrate illegally.  The border is not the same as the legal system.  They treat you as guilty until you prove yourself innocent, its quite a horrible thing.  My girlfriend tried to come over saying she was staying for four months, with a car full of luggage, and they not only turned her around, they banned her for a whole year!  Its not fair at all, but there is nothing we can do to change it.

2. If your intentions are to move into the country, do not try another way such as a work permit or a study permit.  They will somehow find out you want to stay, through your situation, or the way you worded any explanations or something.  We tried to get my girlfriend a study permit, and they suspected her of wanting to stay in Canada.  Now although she does want to stay in Canada, she also genuinely wants to study here too which is the ironic part.  And she would defiantly go back if her study permit ran out and she didnt have permanent residence, we are not law breakers, but the immigration office trusts no one unfortunately.  Plus I hear that most study permits and work permits get denied anyway.  They are hard to get.

3. As for conjugal partner status, I am still not clear on what exactly this means, but Im pretty sure it does not apply to my girlfriend and I.  I also hear it is harder to get approved for than a spousal sponsorship.

4. I think your best bet, if you are 100% serious about each other, is to show your seriousness and get married.  Not only is a spousal sponsorship probably your best bet, but getting married will also help prove to the immigration office that you are serious about each other, and not just trying to get into the country.  My girlfriend and I are getting married in a month, and then applying for the sponsorship.  If all goes well she will be here early next year.

Oh, and your boyfriend sounds like an ideal sponsor.  As long as hes not an immigrant himself, on social benefits, or a criminal you shouldn't have an issue.

- Canuck

PS. I'm a programmer too!

[Gdaymate]

Hi Jenn

For your partner to sponsor you under the family class (which is generally the fastest way), your relationship must fall under one of the following categories:

a) spouse - you'd have to get married.  There is no amount of time specified for how long you must have known each other before you got married but you will still need to provide all the evidence of your relationship from the time it started until you got married etc.
b) common-law - you must be able to prove that you have lived together for at least 12 months before you apply (doesn't sound like you two have done this)
c) conjugal - again you must prove that your relationship has been a conjugal one for at least 12 months before you apply.  Conjugal means "marriage like" and you must show the evidence that you have combined your affairs as much as possible - joint accounts, joint ownership of property etc.  This is not an easy class to prove although it can be done, but you'll probably find it the hardest route to go.  It was designed for people that have a genuine impediment to marriage (ie previously married and divorce not allowed in your home country, same gender couples who can't marry in the other country, visa limitations that stop you from living together as common-law).  NOTE:  being from the US means the visa limitation situation does NOT apply to you - your Canadian partner is entitled to 6 months in the US and vice versa and you both have the option of applying for visa extensions and staying together in one place for 12 months.
 
The best thing to do is to read the guides and see what evidence is required under each class and work out what the two of you want to do.  Once you know that, you can start asking the In-land or Out-land question....   

Hope that helps.