Spousal Sponsorship - complications and questions

[meggo]

Hi, my husband and I are recently married.  He is currently living with me in Canada on a 1 year working holiday permit.  We are about to apply for PR via London, but hoping to have him remain in Canada as a visitor throughout the process.

We have a couple of questions:

1)  He has a daughter from a previous relationship who lives in Scotland with the mother, who has full custody and responsibility.  He does not know their exact address and has not had any contact with them in almost 3 years.  When and where does he mention this on the immigration forms - what part does he include his daughter in?  Additional Family form only, dependent child? He is not clear what category she falls under.  Further, he has no address for her, no passport details, and no photographs.  He does have custody papers showing that his former girlfriend has full custody.

2) He did not list her as a family member on his working holiday permit application last year, as he has no custody/responsibility for her and has not had contact for several years.  Should he have, and will this cause problems when he lists her on PR application?  We are second guessing now that we are looking at the PR applications and notice that it says that all children, even those in the custody of a former partner, should be listed. Should we include an explanation in our Sponsorship application?  We certainly weren't trying to hide anything, and fully intend to list her now, it's just that he genuinely assumed she did not need to be listed on the work permit earlier.

Any response from an expert would be great, or from someone in a similar situation.

[BCbound]

Why would you apply via London if he is living in Canada and intends to continue doing so?  Do an application from within Canada.

He has to list his children regardless of who has custody.  If there are any questions he cannot answer, write an explanation and attach it.

[Steve241277]

I have a problem that maybe you could help with.

I am due to land in Canada in the next few months.
I met a girl last summer and it has progressed to a stage where we are ready to live together, the only problem being I live in England and she lives in Ireland.

What is the best way to go about things?
I obviously cannot give up my Canada dream.

I just read that your fella is there on a work permit and wondered how you went about it.

If PMM could help too I would be very greatful.

[Steve241277]

Sorry

I also meant to mention that the Ireland England thing has obviuosly kept us apart even though we see each other every 4 to 6 weeks.

Would this class as a Conjugal Partner if I was to sponsor her??
Should I go then try to sponsor her when I am there?

What if I was to live with her for a few months now and put off my "permanent landing" for a while.
Would that be any benefit at all.

Its obviuosly very confusing and I would appreciate the help as you cant help the timing of meeting someone and getting your visa.

[PMM]

Hi

Sorry

I also meant to mention that the Ireland England thing has obviuosly kept us apart even though we see each other every 4 to 6 weeks.

Would this class as a Conjugal Partner if I was to sponsor her??
Should I go then try to sponsor her when I am there?

What if I was to live with her for a few months now and put off my "permanent landing" for a while.
Would that be any benefit at all.

Its obviuosly very confusing and I would appreciate the help as you cant help the timing of meeting someone and getting your visa.

1.  You wouldn't have a hope on conjugal, there is nothing stopping either of you to move each other country.
2.  You need 1 year of living together as a couple to be considered Common/law for Immigration purposes.
3.  Marriage or living together for a year or her applying for skilled worker on her own, but that will take about 2/3 years.
4.  Depending on her age, she could apply for a 1 year working visa under Bunac for next year (they are gone for this year).

PMM

[Steve241277]

Thanks for answering PMM

Can you just answer the following please?

3. If I landed in Canada then returned home and lived with her for 1 year, would that count (or does it have to be before my visa was issued)?

If we got married in the next six months means I would have to apply all over again doesnt it?
Or could I go and then sponsor my spouse form Canada?

4. What is Bunac? To apply for next years when should I start the process in order to get to the front of the queue? She is 30.

Could she go on a regular working visa and extend it while she is there?

I have read CIC website inside out over the last few years and cant quite get it clear what the actual facts are. I'll have another look for Bunac but your help would be appreciated.


Thanks

[PMM]

Hi

Thanks for answering PMM

Can you just answer the following please?

3. If I landed in Canada then returned home and lived with her for 1 year, would that count (or does it have to be before my visa was issued)?

Yes that would count as c/law, but you have to ensure that it was documented, joint bank accounts, lease, represented as a couple in the community.  But as a PR you would have to return to Canada to sponsor her.


If we got married in the next six months means I would have to apply all over again doesnt it?

If you marry before you "land" your visa is invalid, and you would have to add her to your application.

Or could I go and then sponsor my spouse form Canada?

There is nothing stopping you from "landing" then return to marry her, and then return to Canada to sponsor, she could accompany you as a visitor and the application could be processed in Canada.  Although she would not be able to work or attend school until you received approval in principle about 7/9 months into the process.


4. What is Bunac? To apply for next years when should I start the process in order to get to the front of the queue? She is 30.

Its a working holiday visa for young workers see: http://validate.bunac.org.uk/  You didn't state if she was in N. Ireland or the Republic, so the programs are different.

Could she go on a regular working visa and extend it while she is there?

She would have to find an employer who can get a Labour Market Opinion (LMO) from HRSDC that there are not Canadians/PRs available for the position and that they have advertised extensively and that the wages and conditions are standard for the area.  


I have read CIC website inside out over the last few years and cant quite get it clear what the actual facts are. I'll have another look for Bunac but your help would be appreciated.


Thanks

PMM