First Post, some advice needed

[keele]

Hi Guys,

Any help and advice on my situation would be really appreciated. Ive read through many posts but was unable to find the answer, so im hoping one of you guys can help.

I live in England and my conjugal partner of 8 months lives in Toronto. We plan on getting married and living together, and having read many posts, this would make it far easier for me to be sponsored rather than the conjugal class. This is were my problem begins, I am still married and am only seperated from my estranged wife. My question is, would it be quicker to apply for sponsorship under the conjugal class and in the meantime go through divorce proceedings (4 - 6 months) and get married afterwards or go through divorce proceedings, then get married then apply under the married class.

Does either way have any benefits?

The horrible thing about all this, is that marriage seems to be getting used as a bargaining stick, to help leverage our application,when in reality, we love each other, want to be together and would of liked to get married in a less hurried fashion when it suited us. The thought of being seperated for years is really scary.

Any advice or comments welcome.

[Leon]

For some people conjugal has worked out but what they say on the website, conjugal is not for people who could have lived together and qualified for common law but chose not to.  If you are visa exempt to go to Canada and your partner is visa exempt to go to the UK, they could say that you really did not have any immigration barriers stopping you from living together.

[keele]

Thanks Leon.

Both of us are visa exempt, but would I be able to look for work, and if I was able to get an employment offer, could I then submit an Application for a Work Permit Made Outside of Canada? This would allow us to live together and still support each other financially.

Another question (sorry i have millions of them), do you have to be married at the time of the married class application, or can this be done during the processing period, because if this was the case, we could apply now under this class whilst start divorce proceedings.

[awor]

You need to either live together for 12 months and apply as common law, or get married and apply as spouses.

Basically the only way you can work in Canada BEFORE PR is to find an employer willing to do a "labor market opinion" which states they couldn't find any qualified Canadians to do the job. Which is very unlikely.

Your best bet (IMO): get married, apply outland. Once PR is granted, you'll be able to live, work and study in Canada.

I know you're looking at a long process with divorce, remarriage and immigration, but you aren't alone. We're all in that boat. Accept you aren't going to get to your final result (being with your spouse full time) quickly and just keep plugging away at the steps so you can be together.

[Leon]

Both of us are visa exempt, but would I be able to look for work, and if I was able to get an employment offer, could I then submit an Application for a Work Permit Made Outside of Canada? This would allow us to live together and still support each other financially.

If the employer gets an LMO proving that he couldn't find a Canadian or if you are the right age to apply for a working holiday visa, then you can work.  Otherwise no but many other couples have faced the same problems and have lived on one income for a year in order to qualify to apply as common law.  Not being able to work is apparently not considered an immigration barrier preventing you from living together.

Another question (sorry i have millions of them), do you have to be married at the time of the married class application, or can this be done during the processing period, because if this was the case, we could apply now under this class whilst start divorce proceedings.

In order to apply as married, you must be married.  You can not apply and claim that you are getting married in the future.  They would either just shelf your application until you do or return it to you and tell you apply again when you are married.