A couple of questions: Sponsoring my fiancée

[0bl1vion]

Hello everyone,

I have a few questions about sponsoring my fiancee to become a Canadian citizen. We have not initiated the process as of yet due to my financial situation which will hopefully be cleared up before the end of the year. However, if it isn't, I was wondering if anyone could enlighten me as to what our options are going to be.

I met my fiancee about 15 months ago. We have been living together for over a year now.
She is here on a student visa, which was renewed once...we are planning to renew again this November. Hopefully we can start the sponsorship process soon after that.

Basically the reason I can not sponsor her yet is because I am an undischarged bankrupt. I was supposed to receive a discharge last November but there is opposition to my bankruptcy thus I have to get a court discharge. I've been waiting for that court date for 10 months and going...
...but that's a whole other story.

I need to know what happens if the worst-case scenario plays out; her being denied a visa renewal and having to go back home.

- Should we get married if this happens? > Will that make things easier in regards to being able to have her come back to Canada?

- If we do not get married before she leaves, is she going to be able to get a visa to come back to Canada once my financial situation clears up and I am ready to sponsor her?

Thanks so much for reading - any insight is truly appreciated.

 

[emrn]

you getting married to her u still have to go through the same process of applying for a PR. I'm not so sure about this but ur bankruptcy can really affect your application. They don't require a specific income to sponsoring your wife or common law however they do discourage sponsorship if your are bankrupt they want to make sure that the person you are sponsoring will not go on welfare thus they require that you are not bankrupt because you sponsoring her means that you will be responsible for her needs, and you being bankrupt and haven't been released from it yet make u not eligible to sponsor.http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp. When you get released from your bankruptcy you can apply for common-law since you've been living together for over a year now.

 

[emrn]

http://www.cleo.on.ca/english/pub/onpub/PDF/immigration/sponsor.pdf

 

[0bl1vion]

you getting married to her u still have to go through the same process of applying for a PR. I'm not so sure about this but ur bankruptcy can really affect your application.

I'm well aware of that. CIC clearly states that you must be a discharged bankrupt in order to be eligible to sponsor.

When you get released from your bankruptcy you can apply for common-law since you've been living together for over a year now.

Well aware of that as well.

I'm asking more about what happens if she is denied a visa extension. If she is asked to leave, we are technically no longer common-law because we do not live together...therefore I am not sure if I will be able to invite her back into the country once I receive a discharge and am able to sponsor her.

What I need to know is, if that's the case, should we get married before she leaves so the burden of getting her back on Canadian soil will become easier.

 

[AllisonVSC]

If refused she might consider reverting to a visitor visa and if necessary applying to extend that.

My understanding of the common law process is that you have to prove one year of cohabitation, but you do not have to be currently co-habitating when you apply. For example, Canadian PRs who co-habitate outside of Canada must return to Canada in order to sponsor their partner. In those cases, living together might be impossible (the partner might be denied a visit visa, etc), but the common law app is still the appropriate route.