Sponsorship/citizenship

[andikeep2580]

Hello everybody. Just need some advice and the best approach here...

I am currently living and working in BC on a BUNAC program. I travelled over in June 08 to be with my girlfriend, who has xitizenship through her Canadian-born mother. My girldfriend moved here in Dec 07 and was 2 months pregnant with our child at that time. We have been living together since I arrived (June 08) and our baby daughter was born July 24th 08. I am currently working.

Obviously I want to stay in BC indefinately but I need some guidance. Is there any way we can start the sponsorship process early? Ideally I would like to have no interruption to my employment which would have to cease June 09. Can a BUNAC be extended in any way and does having a Canadian-born dependant child make things any more straightforward?

We know that things are simplified if we marry, but I dont want to marry just for the sake of it - we want to get established here first.

Thanks in advance for any help.
Andi

[Leon]

You can not extend the BUNAC.  Your employer can apply for an LMO for you and try to get you a regular work permit. 

The best way would be for you to get married right away and start a spousal sponsorship but you already know this.  If you do inland, you might have your open work permit before your BUNAC expires.  If you do outland, you may have to go home for an interview but you might have your PR before your BUNAC expires.

Having a Canadian child buys you nothing.  Your daughter can sponsor you when she turns 18 if she has enough income but that's about it.

[andikeep2580]

Thanks very much for your response.

So you mean I can start the inland application right away? Is it not a requirement for us to be co-habiting for at least 1 year? Or did you mean start the inland/outland once married?

Regards
Andi

[Leon]

You can not start the sponsorship unless you are married or co-habiting for at least 12 months.  That's why I said best way to get married but you do not want to, right?  It might be a choice between that or waiting until your BUNAC expires, then hoping that your employer can get an LMO which is not guaranteed or applying for sponsorship at that point and not working for 5-6 months while you wait to get processed.

[RobsLuv]

Having lived together for at least one year is a requirement for common-law partnership qualification - it is not a requirement for spouses.  So if you don't want to marry you will have to wait until you qualify as common-law partners, by having co-habitated for at least one year, before you're eligible to be sponsored for PR.  If you decide to marry, you're eligible immediately. 

Don't think of it as getting married just for immigration . . . you have a child together, you are a family, and apparently you're in love with each other.  That's not getting married "for immigration".  A genuine relationship means that this is not a relationship you entered into just to get into (or stay in) Canada.  You may have to marry so that you're eligible to be sponsored - but that's something CIC requires of you if you and your partner want to have a life together in Canada.  There is a difference - it's just a bit hard to explain by written words . . . which is why you have to be careful of your mindset when it comes to filling out the paperwork.

And that holds true whether you marry and apply as spouses, or whether you wait and apply as common-law partners.  The burden of proof of a genuine relationship is the same - it's just that the common-law qualification also requires that you prove that you're in a qualifying common-law partnership by demonstrating that you've combined your affairs in a "marriage like relationship", that include cohabitation, for at least one year.