Could anyone please help us?

[happydj]

Hello,

I am a british citizen. I went to Canada on a working visa in September 2009. However, after about a year and a half I decided (wrongly) to change jobs and work - but not update/request a new work permit. To cut a long story short, I was excluded from canada for a duration of 1 year on 31st October 2010. About September 2010 I met my current girlfriend. In december 2010 we decided to start a relationship and have been together ever since. She is a Christian and so am I. We didn't want to live together until we are married (which we hopefully plan to do later this year or next year) All of our friends and family know we are together, and she has taken trips from Canada to come and see me but isn't allowed to stay more than 3 months in a year. So we have decided to split her 3 months over the course of a year (currently she has 2 months remaining if i understand british immigration what they said to her when she entered) - currently she is back in Canada and I am in UK working. While we were together, we have photographs of us together and together with her family. We do not have much more evidence as us as a couple apart from flight history and also the mentioned photos and friends/family testimonials.

She has decided to sponsor me as a conjugal partner. However, I am unable to return to canada as I know I need ATR (authorisation to return) I would ideally, like to get a ATR so I can still go and visit her while my application is being processed. Is this at all possible or do I need to wait until November 1st where I can enter without permission?

In addition, Since she is in Canada and I am in UK - does she have to submit the application to an office in Canada or can we submit it to London (as I believe the processing times for London are a lot quicker)

Any advise, help or steps to help us would be excellent. We haven't started any paperwork or anything yet as we just don't know what to do and I can't seem to find any information on the websites which would describe which steps we need to take in our case. Hopefully, this forum may be able to help us.

Thank you in advance to anyone that can help.

[Baloo]

She has decided to sponsor me as a conjugal partner. However, I am unable to return to canada as I know I need ATR (authorisation to return) I would ideally, like to get a ATR so I can still go and visit her while my application is being processed. Is this at all possible or do I need to wait until November 1st where I can enter without permission?

Conjugal is not likely to work for you, conjugal is normally used for people who cannot get married at all - in your case, given time you can get married.


In addition, Since she is in Canada and I am in UK - does she have to submit the application to an office in Canada or can we submit it to London (as I believe the processing times for London are a lot quicker)

Read this

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg344291#msg344291

[Siouxie]

Hello!

I don't believe you would qualify for a conjugal application as there are no immigration reasons as to why your fiance (to be) can't come to the UK.

If you read the following websites, you will see that your fiance can apply to come to and then remain in the UK.  This would give you the opportunity to marry and apply for PR in Canada based on that.

http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/

http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/fianceesproposedcivilpartners/

If they wanted to visit in order to get married (for a visit up to 6 months) and then leave the UK again, then this website would apply

  http://www.ukba.homeoffice.gov.uk/visitingtheuk/marriage-cp-visitors/   and   http://www.ukba.homeoffice.gov.uk/visitingtheuk/marriage-cp-visitors/eligible/

I would read OP2 section 5:45 to help you see what they are looking for in a conjugal application - generally, they are granted when there are immigration impediment as to why a couple cannot be together (or where divorce is not recognised etc.) - work or other obligations would not count.  Additionally, the relationship would have to be of a minimum 1 year duration.  The manual can be found here:  http://www.cic.gc.ca/english/resources/manuals/op/index.asp

As a Canadian National (I am presuming they are a Canadian Citizen)  they are allowed to stay in the UK for up to 6 months as a visitor.

I think you are a little confused as to the maximum time they can remain, it isn't "per annum", rather per visit, presuming they are visa-exempt.

You would need to make an application for an ARC and submit it if you wish to return to Canada before the 12 months has expired.  If you wait until after October 2011 then you would not.   http://www.cic.gc.ca/english/information/inadmissibility/arc.asp  however, if you apply for PR you shouldn't send in a separate ARC application, they will process it automatically and then ask you for the fee when they process your application.  

"...If you are applying to come to Canada for any reason, (visiting, studying, working or immigrating),you should not submit a separate application for an ARC. If your application is approved, the ARC will be dealt within the context of that application. You will simply be asked to submit the fee..."

You need to start gathering evidence of your relationship - emails, chat logs, phone records, photo's, obtain letters of support etc., it will greatly assist you in your application for PR.

Hope that helps?

 

[happydj]

Thank you very much for your help. That was a lot of information way more than I thought I would get so truly, thank you. We are wanting to get married in Canada and that is the problem you see because at the moment I'm unable to return to Canada. Do you think I will need an ARC in order for me to go over there, ask her to marry me - and later go back over there to marry?

Thank you again for your help to both of you it means a great deal theres people out there willing to help.

[Baloo]

We are wanting to get married in Canada and that is the problem you see because at the moment I'm unable to return to Canada. Do you think I will need an ARC in order for me to go over there, ask her to marry me - and later go back over there to marry?

You need the ARC if you want to go to Canada before the 12 months has expired.

Why not invite her to the UK for a visit and then propose, with a view to returning to Canada after your 12 months have passed.
This will also give you more time to gather relationship proof.