Need Some Help...Sponsership of Pregnant Korean Girlfriend

[JayHi]

Hi,

I am a Canadian citizen and my girlfriend is a citizen of Korea who has been working in Canada for 3 years on a work visa.  We have been dating for 6 months and she is 4 months pregnant.  She must leave work in October because of the pregnancy.  Does she have to leave the country as soon as she is done work?  We are planning to get married.  Will this look like a marriage of convienience?  Should she apply as a skilled worker as she meets all the requirements?  We are also planning on taking a 2 week trip to Korea in November, will she have trouble getting back into Canada taking into account that she is pregnant and not employed.

We are both confused about what to do and need some advice.

Thanks.

[Leon]

I believe that if her work visa is still valid, she does not have to leave immedately because of the pregnancy.  She should qualify for EI maternity leave because she has been paying into that system.  When her work visa expires it's another story.  I don't think it's advisable for her to leave in November unless her work visa is still valid and that you have talked to immigration and made sure she will be ok coming back.  Is the employer kicking her out or would they want her back after maternity leave?  I think it's definitely worth it to check if the employer if he is kicking her out for getting pregnant has the right to do that (call the labour board in your province) and if she can get her work permit extended while on maternity leave.

You could get married and apply inland.  It's obviously not a marriage of convenience when you already got her pregnant.  You are also not adviced to leave the country while applying inland though.  If she ends up going home and not being able to come back, you will have to get married and apply to sponsor her from there.

[RobsLuv]

If you plan to marry, you can do that and then sponsor her for permanent residence on an inland PR application.  She should include, in the same envelope with the PR application, an application to change conditions or extend status and that will protect her temporary status in Canada beyond the expiration of her original work visa - as long as the paperwork is received at CPC-Vegreville BEFORE that status expires.  It will also result in her being issued a new (open) work permit at the same time that she receives Approval in Principle (which currently takes 4-5 months from when CPC-V receives the file), so she could, conceivably, go back to work for the same employer (or a different one) when she is ready.  Finalization of her PR status can take anywhere from 12-18 months.

Your marriage will not necessarily look like a marriage of convenience, but just the fact that she's pregnant will not be enough to convince an Immigration Officer that you are a genuine couple.  You will need to demonstrate, through submission of proofs and evidence like photos, cards, gifts receipts, letters from family and friends, etc., that your relationship is not about facilitating her stay in Canada. 

Also, as Leon pointed out, an inland applicant is advised not to leave Canada during processing of the application - especially if s/he is the citizen of a non-visa-exempt country - so you might want to re-think the trip to Korea until after PR is approved.  This is because, if she is required to apply for a visitor visa to come back to Canada, and she can't get one, her inland application will be lost.  In order to be approved as an inland applicant, she must be residing with you (her sponsor) in Canada, and must be able to attend her landing interview in Canada.

[JayHi]

Thanks for the replies.  Some follow up questions.

1.  Our baby is due in February.  When can my girlfriend apply for maternity leave EI?
2.  Her work permit expires in June of 2009.  If she is on maternity leave/Parental leave EI and also with Spousal sponsership being processed, can she stay in Canada?
3.  Would my girlfriend be denied entry into Canada if we went ahead with the planned vacation to Korea in late November, if she was on maternity leave EI with a work permit that expires in June of 2009.

Thanks again for the advice...I'm sure I will have more questions in the future.

[Leon]

1. Everything about EI maternity benefits here: http://www.hrsdc.gc.ca/en/ei/types/special.shtml but looks like she can not start mat leave until 8 weeks before baby.  Why does she have to quit work so early?  According to labour law in my province, the employer should offer her modified duties if she can not do her normal work.

2. As soon as you apply for sponsorship she has implied status and can stay.  Her work permit will also allow her to stay until June.  Call immigration call centre to make sure.  You can also ask if she can extend her work permit to return to work after she has completed her maternity leave.

3. Probably she would not be denied entry because she still has a valid work permit but if it were to happen, you forfeit your sponsorship application so I don't think it's a good idea to take that chance.

[JayHi]

I called the immigration call centre.  The agent told me that even if we have applied for spousal sponsership that she wouldn't have implied status and would have to leave when her work permit expires in June 2009.  She would have to have her work permit extended in order for her to stay.  The problem is, in June of 2009, she will still be on parental leave and not sure when she could return to work.  Her employer will most likely not extend her work permit if she is unable to work.

[Leon]

Call the labour board in your province and find out about her rights.  It is possible that being on maternity leave is not a valid reason to refuse to extend her work permit.

Normally when you apply inland, they will not deport your spouse while your application is still in process.  They might not be allowed to say that though.