Planning for the future.

[KoTaoWoof]

Hey there CV forums,

First post just a few questions for you kind folks. Me and my girlfriend have been together for around a year now. We met in Thailand on a dating app and have lived together there for a total of 9 months over two trips. We've crunched the numbers and Canada is looking like a great place for her to come live in the next year 2 and marriage is something we've talked about but we're unsure where to even begin?

I'd like to add that she is trans-gendered, would this effect our application to any degree? I'm 21, she's 28. I hear this is a red flag but we can prove our compatibility even in blind interviews, 2 peas in a pod.

We've started to document our relationship, even on early on and as I understand now this crucial moving forward. We have thousands of photos and videos. I spent lots of time with her family and both our families are connected on Facebook. Gifts have been exchanged from her family to mine and vice versa. An example would a stylized portrait my sister drew for her and a piece of art my girlfriend drew for my family, among other things.

If I understand correctly I would be taking on the roll of a sponsor and her as a dependent. I'm in the process of joining the Canadian Armed Forces so financially from a living and health care standpoint I'll be able to provide for the both us so I don't believe that is an issue. Would she be able to come live with me while we're applying for the permanent residency? If so, what's the best way to go about this.

What sort of documents or proof should we/she begin gathering in the meantime? I heard we may need a criminal record check from her home country. How recent do we need to be? Other issues could be she has no concrete proof of work history she works at a restaurant and used to work on a farm and there is no income-tax or paychecks.

I'd really appreciate any insights that could help us make this process as smooth as possible. Our time frame is 1-2 years and maybe that's being hopeful but we're ready to start at least gathering the info we need to make this work.

 

[scylla]

The transgendered bit shouldn't be an issue at all provided you mention this in your application and it's obviously both of you are aware.

In order to sponsor her, you'll either need to get married or become common law (i.e. live together for a year continuously). So I assume you are making plans to do one of those things.

She can try coming here while her application is being processed (note she can't "live" here - just visit). Unfortunately there is a high rate of TRV refusals when people have partners in Canada and CIC knows they probably have plans to remain in Canada long term. In her case the TRV will most likely be refused since it sounds like she has relatively few ties to her home country. So you should be prepared for the big possibility she won't be able to be here while the application is processed.

Criminal record check needs to be recent. Get it when you apply to sponsor her - not now.

You will be the sponsor. She will be the applicant (not the dependent).

 

[KoTaoWoof]

Thanks for the quick reply.

Yeah, getting married it definitely something we want to do and not just so she can live here. It's highly unlikely our family's can attend though except maybe someone like my Grandmother as we'd be out of province, we'd still take photos.

So there is a chance she could get turned away? What if we applied once she was here, or is it the same? Her ties to her country would be the family farm and home and of course, family. I'm assuming that's not enough. She'd be moving to the farm while I send her money while we're doing the process so she doesn't have to live in the city (eeek pollution). That really sucks though, getting turned away. I wonder if she showed up with just a basic back-back and not a ton of stuff .. do they think the person is going to run away? What if I meet her at the airport?

 

[canuck_in_uk]

Thanks for the quick reply.

Yeah, getting married it definitely something we want to do and not just so she can live here. It's highly unlikely our family's can attend though except maybe someone like my Grandmother as we'd be out of province, we'd still take photos.

So there is a chance she could get turned away? What if we applied once she was here, or is it the same? Her ties to her country would be the family farm and home and of course, family. I'm assuming that's not enough. She'd be moving to the farm while I send her money while we're doing the process so she doesn't have to live in the city (eeek pollution). That really sucks though, getting turned away. I wonder if she showed up with just a basic back-back and not a ton of stuff .. do they think the person is going to run away? What if I meet her at the airport?

You seem to be misunderstanding the TRV process. She will not even be allowed to board a plane to travel to Canada without a TRV in her passport. She must apply and be approved prior to travelling. As scylla said, chances of refusal are high, so you should really plan that she won't be able to come to Canada until the PR app is approved.

 

[scylla]

Just to be clear - when I said there was a high chance of refusal - I was referring to the TRV (tourist visa) - not the PR sponsorship application.

I think you'll be fine on the PR front.

The TRV is very unlikely. It's not that CIC thinks she's going to run away. It's that the purpose of a TRV is to allow someone to visit temporarily as a tourist. It's not meant to be used to move to Canada early - which is what your girlfriend will be trying to do. Using the TRV to move to Canada is regarded as an abuse of the visitor visa privilege. Given she is young and single, has no real travel history, few assets, a job she can easily leave and a partner in Canada - unfortunately the chances of refusal are pretty much guaranteed.

 

[KoTaoWoof]

I understand now thanks. It's reassuring that it's not like you show up and wonder if you'll get inside the country. If you got the Visa though you're relatively assured to enter though as long as you're not packing up and brining your whole life though? Any harm applying though?

 

[scylla]

I understand now thanks. It's reassuring that it's not like you show up and wonder if you'll get inside the country. If you got the Visa though you're relatively assured to enter though as long as you're not packing up and brining your whole life though? Any harm applying though?

No harm applying. However don't apply multiple times. Multiple refusals (anything more than twice) can harm the application.

 

[KoTaoWoof]

es could be she has no concrete proof of work history she works at a restaurant and used

No harm applying. However don't apply multiple times. Multiple refusals (anything more than twice) can harm the application.

Hey sorry but do you know how we can married or common law if she can't enter the country?

 

[scylla]

Hey sorry but do you know how we can married or common law if she can't enter the country?

You would need to travel to her country to get married there (or get married in another country she is easily allowed to visit). For common law - you would have to be the one to live with her outside of Canada.

 

[KoTaoWoof]

You would need to travel to her country to get married there (or get married in another country she is easily allowed to visit). For common law - you would have to be the one to live with her outside of Canada.

That makes things so hard for us. I can't leave my job for a year at a time .. we've spent 9 months total living together but I understand it's a year at one time and we cannot get married in her country as they don't allow gay marriage and she's considered male. Ugg, time to dig deep and see where we CAN somehow get legally married and recognized and get Visas .. feels bad.

 

[Rob_TO]

That makes things so hard for us. I can't leave my job for a year at a time .. we've spent 9 months total living together but I understand it's a year at one time and we cannot get married in her country as they don't allow gay marriage and she's considered male. Ugg, time to dig deep and see where we CAN somehow get legally married and recognized and get Visas .. feels bad.

Do everything you can to get married in another country. Have her apply once for a Canada TRV.

If this is truly not possible, then do everything you can to live in Thailand for 12 consecutive months to become common-law.

And finally if this is just not possible, then you can consider a conjugal application. It would have a decent enough chance of success due to the immigration (her unable to get a TRV) and legal (same-sex marriage not legal in her country) barriers. If you go this route, make sure you have more than a year of a solid almost marriage-like relationship and ample proofs of it.

 

[KoTaoWoof]

Do everything you can to get married in another country. Have her apply once for a Canada TRV.

If this is truly not possible, then do everything you can to live in Thailand for 12 consecutive months to become common-law.

And finally if this is just not possible, then you can consider a conjugal application. It would have a decent enough chance of success due to the immigration (her unable to get a TRV) and legal (same-sex marriage not legal in her country) barriers. If you go this route, make sure you have more than a year of a solid almost marriage-like relationship and ample proofs of it.

Hey, thank you. So it looks like we have 2 options then. Marriage in another country so I'll start doing my research into that, sounds rough though or the conjugal application. Do you know what defines a "marriage-like" relationship. We've been together nearly a year relationship wise, lived together 9 months. We talk daily, send photos and even mail by post when possible I feel like that's as close as you can get without physically being together.

edit: I actually read into and the conjugal seems like a really good option for us.

 

[Rob_TO]

Hey, thank you. So it looks like we have 2 options then. Marriage in another country so I'll start doing my research into that, sounds rough though or the conjugal application. Do you know what defines a "marriage-like" relationship. We've been together nearly a year relationship wise, lived together 9 months. We talk daily, send photos and even mail by post when possible I feel like that's as close as you can get without physically being together.

edit: I actually read into and the conjugal seems like a really good option for us.

Read all the conjugal sections of this OP2 manual: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.25. Characteristics of conjugal relationships
5.45. What is a conjugal partner?

They go into great detail of what makes a conjugal relationship. To begin with, you must have been in a relationship for over 1 full year.

Also a huge part of the conjugal app process is proving the legal/immigration barriers exist to becoming married/common-law. So document all your efforts to do this first, and show clearly why those efforts failed.

 

[KoTaoWoof]

Read all the conjugal sections of this OP2 manual: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.25. Characteristics of conjugal relationships
5.45. What is a conjugal partner?

They go into great detail of what makes a conjugal relationship. To begin with, you must have been in a relationship for over 1 full year.

Also a huge part of the conjugal app process is proving the legal/immigration barriers exist to becoming married/common-law. So document all your efforts to do this first, and show clearly why those efforts failed.

Okay I'm assuming things like proving that yes, gay marriage is in-fact impossible in her country and that I have work commitments (military) so we cannot live together in her country (on top of Visa restrictions). I think that would be sufficient. Is this all explained through paper or would I actually be talking to people / writing letters?

 

[Rob_TO]

Okay I'm assuming things like proving that yes, gay marriage is in-fact impossible in her country and that I have work commitments (military) so we cannot live together in her country (on top of Visa restrictions). I think that would be sufficient. Is this all explained through paper or would I actually be talking to people / writing letters?

You would explain in detail all the legal/immigration barriers that prevent you from getting married or becoming common-law, as an essay in the application.

There may be an interview required as part of the process, but usually this is just for the applicant. Sponsor is usually optional to attend the interview (as it would be in home country of applicant).