Girlfriend wants to move to Canada - pls help!

[taiwanaintchina]

Hi everyone,

I'm new to the forum so I apologize in advance if I do anything stupid. I have tried to do as much research as I could prior to making this post, and am currently debating whether or not I should schedule a consultation with a lawyer to receive legal advice.

BACKGROUND:

My girlfriend and I met in January 2018, while I was studying abroad (bachelors degree) in Sweden. She is a Swedish citizen. We have been dating for the last 7 months. Unfortunately my student visa expired back in May and I had to move back to Canada to resume my studies. Since then, we have been dating long distance. I have returned to Sweden for a couple of days at a time to visit her, and she has also flew to Canada to visit me as well.

As she has not started her undergraduate studies, our original plan was for her to apply for Canadian universities as well as a student visa, and then get a PR in the future. This way, we would be able to live together while she began her university studies in September 2019, and while I worked full-time (I graduate from university this year).
However after researching more on international tuition we realized this wasn't financially feasible, as she could just stay in Sweden and receive free education. We have also looked into student loans and scholarship opportunities.

Another option we have considered is having her apply for a working holiday visa, which will allow her to work in Canada for a year, and then extend it to a visitors visa, which will give us more time, but she will eventually have to leave anyways.

Is there any advice you all would have for this situation? We are looking for a way to end long distance. We are both in love with each other, and are both confident in continuing long distance, but we would like to find a way to close this distance in the near future.

Should we have her move over and live with me with a working holiday visa + visitors visa, collect all necessary documents, then apply for a PR with a common law relationship? Should we just get married? This would mean she would be eligible for domestic tuition, which is also a pro.

I'd love to get any advice! Constructive criticism is appreciated. If we are just being insane and dumb please let me know too. I know 7 months isn't a long relationship, and that we are both still young, but we have had many discussions about this topic and our relationship and have decided that this is something we both want to do.

EDIT: Thanks for the advice everyone! For more context, i am 20 and she is 19. Marriage IS an option but we are looking for other ways to solve this problem too!

 

[smallcoffee]

She's from a visa exempt country so she can just come as visitor (6 months by default) then get married in Canada then apply inland. She can get an open work permit (which grants her implied status) while her application is being processed.

 

[Snowman1308]

Outland from Scandinavia are going out so fast lately that it might be quicker to apply Outland as she stays in Canada on her visitor status, instead than going inland

 

[taiwanaintchina]

She's from a visa exempt country so she can just come as visitor (6 months by default) then get married in Canada then apply inland. She can get an open work permit (which grants her implied status) while her application is being processed.

Thanks for your response. So she would have to just live with me for 6 months before getting married and applying for an open work permit? As a visitor she wouldn't be able to work and ideally she would like to be doing something and not just sitting around for 6 months.

 

[russ6970]

She can legally stay as a visitor for 6 months, you don't need to wait 6 months to get married, but if you do it right away (as in the first day), CIC may view this as a marriage of convenience. I would suggest wait a month at least

 

[taiwanaintchina]

She can legally stay as a visitor for 6 months, you don't need to wait 6 months to get married, but if you do it right away (as in the first day), CIC may view this as a marriage of convenience. I would suggest wait a month at least

Thanks for your response, Russ. If we get married in lets say 3 months, aren't there any other documents of proof in apply for a PR we may need to provide to the government? Or is that just for common-law marriages.

 

[Hurlabrick]

Thanks for your response, Russ. If we get married in lets say 3 months, aren't there any other documents of proof in apply for a PR we may need to provide to the government? Or is that just for common-law marriages.

CIC would want some proof that the marriage was indeed genuine (and not a 'sham' marriage). So they will want you to describe your story as a couple in some detail, with photos, texts, letters, letters from friends and relatives etc. and to see that your lives and finances are intertwined etc.

Also, yes, you can apply for an OWP at the same time as applying for inland spousal sponsorship, but if it is granted, it will likely take 3 - 4 months to arrive.

 

[russ6970]

I don't know for sure what documents are required after married, but I would get all the same evidence a common law relationship has to have. Obviously you have to have the marriage license for a start. I would suggest looking at this page. http://www.cic.gc.ca/english/helpcentre/results-by-topic.asp?top=14

 

[smallcoffee]

Thanks for your response. So she would have to just live with me for 6 months before getting married and applying for an open work permit? As a visitor she wouldn't be able to work and ideally she would like to be doing something and not just sitting around for 6 months.

No time requirement if you get married, you don't have to wait 12 months. When you send the application, include the application for the work permit which takes about 3 months to process.

 

[taiwanaintchina]

Thanks for your help everyone! We have considered marriage before but both agree that it's something we'd like to wait for in the future under the right circumstances, since I am only 20, and she is 19. Are there any other ways to approach this situation?

 

[Bs65]

Seems the IEC/WHV could be an option especially given the quota even for this year has slots available still for Sweden and can work as well for the duration whilst accumulating common law time .Guess depends how long she wants to delay her studies.

Others can comment but If going down the marriage route nothing against applying for an IEC to get a work permit, getting married at some point, applying for inland spouse sponsorship and dovetailing an OWP application to overlap the end of the IEC permit.

The only downside for her might be that getting PR will probably miss any 9/2019 university start date as a PR simply due to timing and quoted 12 month processing time, although usually a few months less if straight forward.

As said others can comment as this is just me thinking aloud, and having just read your latest post would agree 19/20 plus the time together so far probably too young to make that commit of marriage.

So maybe the IEC is the way to go live together for a year see how things evolve , if they don’t then at least she can go to uni in 9/2019. But at least she can be in Canada and work for a year so you can decide what’s next.

 

[taiwanaintchina]

She is ready to delay her studies for up to another year if needed!

 

[Bs65]

Note that Swedish IEC participants can participate twice in the program albeit under different categories. The only challenge is each application the applicant has to show a Swedish residential address when they apply which i expect is not that difficult to arrange. Arranging a young professional position though might not be so easy as a plain IEC permit.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/international-experience/canadian-interests-reciprocal-employment-international-experience-canada-bilateral-agreements-arrangements.html

 

[taiwanaintchina]

Note that Swedish IEC participants can participate twice in the program albeit under different categories. The only challenge is each application the applicant has to show a Swedish residential address when they apply which i expect is not that difficult to arrange. Arranging a young professional position though might not be so easy as a plain IEC permit.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/international-experience/canadian-interests-reciprocal-employment-international-experience-canada-bilateral-agreements-arrangements.html

Thank you for your response! This is something we have considered. A swedish residential address wouldn't be a problem. The issue I see is finding her an internship opportunity, or an employer willing to sponsor her given that she is yet to receive a university education.

I imagine it would not possible to renew a working holiday visa for another year, correct?

 

[mike06]

What if she did her studies and visited you during all her breaks and you visited her whenever you had time off? It ends up being a lot of time together. Skype each week, whatsapp every day. You can work towards learning swedish to work there, she can maybe look into a gap year mid studies and you can get married or live together for 12 months, get the application started, and then by the time she finished she would have PR, you would know you still like each other, and she would have more satisfaction knowing she has started her career instead of resentment which would not do well for a relationship. Long distance is hard, but if you are both committed and put in the hard effort it can be done.