advice needed about being sponsored by my girlfriend.

[Lmead]

Hello, I am in need of a little help/advice.
I am 24 years old and live in the US and she's 26 and lives in Ottawa Canada. We are looking for the most viable option for me to move there. We have done some research and i was going to try and get a work permit but seeing as my field of study (graphic design) doesnt fall under the skill trades you need for one, we started to look at her sponsoring me. Is it possible for her to sponsor me if were not married? It says she'll have to prove she'll be able to provide for me. Theres one problem with that she is currently in college and doesn't work enough to support 2 people.
If we do get accept and i become a permanent resident will i be able to start looking for work instantly or do i have to wait? also how long might it take for it to be processed?

Thank you, any help is appreciated!

 

[QuebecOkie]

I really don't see a way for you to move there unless she is unable to support you for a year or two.

There are two ways she can sponsor you. One, you can get married, and she can sponsor you as her spouse. Two, you can live together for 12 continuous months (it would have to be under visitor status, which is good for six months, and then you can request an extension), and then she could sponsor you as her common-law partner (so you wouldn't even be able to apply as common-law until you are able to prove you have lived together for 12 months). You cannot work while in Canada under visitor status.

If you apply inland (from within Canada) through either of those two sponsorship options, you can submit an application for an Open Work Permit (OWP) when you submit your sponsorship and PR applications. With an OWP app, you would be able to seek employment after stage one approval (called AIP, or approval in principle). CIC currently states that 80% of inland applicants receive AIP within 10 months. (No, we really can't provide you a better estimate than that; CIC is exceptionally inconsistent to the point of unpredictability. Odds are, you will receive AIP/OWP within 10 months, but some take longer. Some take much less time, but you just can't predict it.) You would not be able to work at all until you receive AIP/OWP, and CIC expects you to remain in Canada for the duration of the inland application process (for stage two approval, which is DM/decision made, CIC states that 80% of applications are processed within 8 months of receiving AIP, so hopefully the total process would take 18 months or less, and then you have to wait for a landing appointment - timelines on those seem to vary pretty widely, from just over a month to some on here who received DM in May and still haven't landed).

You could get married and apply outland (from within the U.S.). Then, you would be able to continue working in the U.S. until you receive Permanent Residency, at which point you could move to Canada and seek employment. Having never lived with your partner, you would need to make sure to gather enough good proof to demonstrate to CIC that you are, indeed, a genuine married couple with a real and continuing relationship. As an American, you would be able to visit your partner while the application is being processed, but you could not work (can't submit an OWP with an outland app) in Canada until you receive PR. CIC states that 80% of outland U.S. applications are processed within 15-19 months.

 

[Lmead]

ok so say we were to get married would it matter if we had a authentic wedding or just got married at a court house.

 

[scylla]

When you are sponsored for PR, you'll have to provide evidence that your relationship is real. This doesn't mean you have to have a huge wedding. But if you're just going to get married in a courtroom, then it would be a good idea to have at least a small reception afterwards (even if it's just at someone's house). And ideally both of your parents should attend the wedding.

 

[mikeymyke]

Small wedding should be fine, considering you're from the US, and it's super easy to get approved there.

 

[QuebecOkie]

The only difference between common-law and marriage, as far as CIC is concerned, is that married couples do not have to prove that they have lived together for 12 months. You are still responsible for proving that your relationship is genuine and continuing. I'm no pro, but I'd say never having lived together would be a red flag that would make CIC look scrutinize your application more closely. You will need to show CIC proof that demonstrates that you are in a genuine relationship. Photos, perhaps written statements from family and friends, and anything you can provide that shows you have combined your lives (harder to do when you live apart; do you have a joint bank account? travel itineraries from trips you've taken together? you'll need to show phone bills/chat or skype logs displaying ongoing communication to show you're a "real" couple). Canadian/American couples are very common, and I feel (again, no pro) that we're not subject to the level of scrutiny that those from non-visa-exempt/developing countries face, but never having lived together will provide an additional hurdle that you have to overcome to satisfy CIC as the genuineness of your relationship.

We had a very, very small, informal wedding (no parents, though mine lived in the U.S. state in which we were married, just three friends who lived/worked nearby, and married at the courthouse), which proved no barrier for us. However, we had lived together for a year, and we resided in the same U.S. state.

 

[keesio]

I don't think not living together is a red flag for spousal sponsorship cases since it is fairly common. I still have yet to really "live" together with my wife. That will happen when she officially lands in another month or so. I did, however, visit her many many times and we went on trips all over the world together. I was able to provide enough proof that we had a long, genuine relationship - dated for 2 years before getting married and had the church wedding (catholic) and a small reception (~40 people).