Inland spousal/common-law sponsorship for my fiancée

[Andy_604]

Hello,

I’m recently engaged with my girlfriend who is from Taiwan and here on a study permit. I’m a Canadian citizen myself. Hoping to get some advice on the best route to take with this and things to watch out for.

We met September 2018, she was renting a room at my cousins girlfriends apartment. Things were great between us we were really hitting it off. She moved in with me in February of this year and soon enough we were talking about marriage. Her study permit expires February 28th, 2020.

Our plan is to get married in July 2020 and to have a ceremony and reception first in Taiwan where majority of our family lives then a week later host a wedding reception here in Vancouver because this is where I grew up and where all my friends are. We’re thinking to pass on a ceremony in Vancouver since we will already have had one in Taiwan.

Now the questions I have are:

1) Does it matter where we have our wedding first? Also, would they question if our relationship is genuine if we opt to not have a ceremony here in Vancouver and to go with just a reception alone?

2) Since her study permit is expiring in February 2020 before the planned wedding. Would it be advisable for her to apply for a Canadian visitor visa then start the spousal sponsorship application after our wedding OR can I start a common-law sponsorship application in February 2020 since at that point in time she’ll already have been living with me for a year? Which would be the safer and most time efficient option? Or is there another I haven’t thought of?

3) We’re planning for a baby right after the marriage. If she becomes pregnant during the application process, is that going to change things or raise any issues?

4) Is there anything else I can start to prep for now or should be aware of?

Any advice would be very much appreciated. Thanks!

 

[k.h.p.]

Hello,

I’m recently engaged with my girlfriend who is from Taiwan and here on a study permit. I’m a Canadian citizen myself. Hoping to get some advice on the best route to take with this and things to watch out for.

We met September 2018, she was renting a room at my cousins girlfriends apartment. Things were great between us we were really hitting it off. She moved in with me in February of this year and soon enough we were talking about marriage. Her study permit expires February 28th, 2020.

Our plan is to get married in July 2020 and to have a ceremony and reception first in Taiwan where majority of our family lives then a week later host a wedding reception here in Vancouver because this is where I grew up and where all my friends are. We’re thinking to pass on a ceremony in Vancouver since we will already have had one in Taiwan.

Now the questions I have are:

1) Does it matter where we have our wedding first? Also, would they question if our relationship is genuine if we opt to not have a ceremony here in Vancouver and to go with just a reception alone?

It doesn't necessary matter. However, if it is a strong cultural tradition in both families to have ceremonies in both places, you should explain that in a letter of explanation. Your explanation here (we'll have already done one) should suffice unless there are strong cultural reasons (ie, "no one in this culture skips the ceremony.")

2) Since her study permit is expiring in February 2020 before the planned wedding. Would it be advisable for her to apply for a Canadian visitor visa then start the spousal sponsorship application after our wedding OR can I start a common-law sponsorship application in February 2020 since at that point in time she’ll already have been living with me for a year? Which would be the safer and most time efficient option? Or is there another I haven’t thought of?

You could consider a legal marriage in Vancouver (ie, apply for a marriage license and have an officiant sign the paperwork with no ceremony) in Vancouver and use that to start applying now. However, she would need to stay in Canada for a year as the process completes.

3) We’re planning for a baby right after the marriage. If she becomes pregnant during the application process, is that going to change things or raise any issues?

It shouldn't, though depending on timing - she will need to do medical exams, and if she is pregnant, they will not do the x-rays.

4) Is there anything else I can start to prep for now or should be aware of?

Collect evidence of co-habitation and proof of the genuineness of the relationship as often as you can. Look through the checklist and see what you will need to provide.

 

[Andy_604]

You could consider a legal marriage in Vancouver (ie, apply for a marriage license and have an officiant sign the paperwork with no ceremony) in Vancouver and use that to start applying now. However, she would need to stay in Canada for a year as the process completes.

If we go with this option of applying for a marriage license and begin the spouse sponsorship application now you mean she can not leave Canada at all for the duration of the application? If that is the case then we won’t be able to have our wedding in Taiwan in July is that correct? Also, are you saying, if I’m not mistaken, that as long as we have strong enough evidence of co-habilitation and genuineness of our relationship a marriage license with officiant signature is good enough for an approval on spouse sponsorship application without formal wedding ceremony and reception?

 

[k.h.p.]

If you apply as an in-Canada class application, you shouldn't leave Canada for more than 2-3 weeks as being "in Canada" is essential to that application.

A marriage certificate from BC is sufficient to apply if everything else is strong.

 

[Andy_604]

If you apply as an in-Canada class application, you shouldn't leave Canada for more than 2-3 weeks as being "in Canada" is essential to that application.

A marriage certificate from BC is sufficient to apply if everything else is strong.

If there could be a good chance that she will not be in Canada for longer than 2-3 weeks in the process would you suggest we apply for Outland sponsorship? She does fly back to Taiwan quite often to see family and her dogs. She has already been back to Taiwan on two separate occasions earlier this year. Her trips are usually 3 weeks to a month long. She’s headed back again this month for 4 weeks.

 

[canuck78]

If there could be a good chance that she will not be in Canada for longer than 2-3 weeks in the process would you suggest we apply for Outland sponsorship? She does fly back to Taiwan quite often to see family and her dogs. She has already been back to Taiwan on two separate occasions earlier this year. Her trips are usually 3 weeks to a month long. She’s headed back again this month for 4 weeks.

Lots of issues. When did she stop studying? Schools are supposed to report to CIC when students stop studying and the student permit should get cancelled. Taiwanese citizens only need an ETA so that is lucky. Many couples struggle to provide enough evidence that they were living together for a year to prove common law if you decide to go that way. It is most important to have proof from the beginning of your relationship like a joint lease, shared utility bills, dated mail with the same address, etc. Also would always have some sort of celebration if you are having a court marriage. If it is unusual for people of your same faith or culture to have a court wedding then wait until after your marriage ceremony. You are living together which helps but we see some couples do court marriages to try to apply earlier and CIC denies their application. It can be simple but take pictures and have a small celebration even if it is just with a few family members. The biggest issue is pregnancy. We see many cases on this forum where couples get pregnant then realize the wife will not have health care until after the delivery. There is no insurance that you can purchase that will cover the whole pregnancy. There are some policies that will cover emergencies (not routine care) for the first to the second trimester. Once you are stabilized coverage may be terminated. You have to purchase the plans before you get pregnant. Many women have no problems during their pregnancies and you’d only have to pay for routine care but lots of things can go wrong in pregnancies and they go wrong pretty frequently like miscarriages, ectopic pregnancies, hyperemisis or just bad morning sickness to more unusual stuff like cardiac issues, eye issues, etc. It would really be best for you to wait until your wife has permanent health coverage before getting pregnant unless you have lots of savings and can afford to pay hospital bills if necessary. We also see couples plan to have coverage before the delivery but then there are delays and they have to pay for the delivery.

 

[canuck_in_uk]

If there could be a good chance that she will not be in Canada for longer than 2-3 weeks in the process would you suggest we apply for Outland sponsorship? She does fly back to Taiwan quite often to see family and her dogs. She has already been back to Taiwan on two separate occasions earlier this year. Her trips are usually 3 weeks to a month long. She’s headed back again this month for 4 weeks.

Yes, you can apply outland.

Note that 4 week holidays break the 1 year of continuous cohabitation needed for common-law. You will not be common-law in February.