Should we wait to try immigrating?

[BlairAKify]

Hello!

My boyfriend of 4 years is hoping to eventually immigrate to Canada to live with me. I'm currently a student, and he is receiving food stamps in the USA (he could stop receiving them, since I think that would help a great deal). He has a "red flag", or so the border called it, on his record from not having sufficient proof of income when he crossed the border a few years ago. I receive more than enough money to support myself, and I could also support him while he was getting settled. My question is: should we wait until he has a job in The States and can show that he has his own money, or should we try to get him over here now? We'd be willing to get married, if we had to. Any responses would be helpful and very much appreciated!

 

[scylla]

As of now, all he can do is visit Canada. He cannot live here. He can certainly try coming to Canada for a visit. However given his past experiences at the border, he should ensure he truly looks like a visitor and doesn't look like he's trying to move to Canada permanently. Ideally he should be able to show proof of ties to the US (if asked) when he enters Canada including proof of employment and proof of property rental/ownership. He will need to make sure that he can demonstrate that he has enough funds to pay for his stay in Canada himself.

If you want to sponsor him for permanent residency so that he can live here permanently, you'll need to get married first or become common law first (common law means you have lived together for at least a year and can prove it)

 

[BlairAKify]

Thank you.

Couldn't we try doing conjugal, since they have made it hard for him to even visit here, let alone get a visa? If we were to try for PR, would they refuse him because of his history?

 

[canuck_in_uk]

Thank you.

Couldn't we try doing conjugal, since they have made it hard for him to even visit here, let alone get a visa? If we were to try for PR, would they refuse him because of his history?

No, conjugal does not apply. There are no barriers preventing you from going to the US and getting married or becoming common-law.

 

[mikeymyke]

You can't do conjugal because for example, there's no reason why you couldn't go over to the US yourself to marry him.

 

[BlairAKify]

Oh, ok. Thanks!

 

[BeShoo]

There is nothing in his history that would make it difficult for him to accepted as a PR. Any potential visitor to Canada has to convince the immigration officer of two things (besides not being a danger to the public in Canada, etc.):

• that he or she will not do anything illegal during the visit (like working illegally without a work permit)
• that he or she will return to their own country at the end of their visit (and not illegally immigrate without going through the process)

If they think you might be motivated to do either of those things, they won't let you visit, but that doesn't mean there are any problems applying properly to be a PR.

To succeed with a conjugal application you have to have tried just about everything possible to either get married or to live together continuously for one year. In addition, you need to be able to prove that you have combined your affairs as a married couple would for a minimum of one year. That would involve combining your finances, living as if you were married with each other's family and friends and many other things. Even if you had all of that, they will ask, "Why didn't you get married?" If you are able to get married, you are expected to do so.