Advice regarding common-law visa

[CDNbacon]

I will provide some background information that will hopefully allow you to give me some feedback regarding a method that allows my fiancé to stay with me in Canada.

Last summer my fiancé and I came to Canada at which time she was provided a tourist visa for 1 month with no issues. I am a Canadian who has been living in Indonesia for the past 7 years, during this time we were living together. I have recently returned back to Canada this June. The plan was for me to get established once again in Canada such as employment and to buy property, then for her to join me. These things I have accomplished. Next step to the plan was to get her to Canada on a tourist visa again and then get married in Canada via a Justice of the Peace (we are of different religious backgrounds - Indonesia by law cannot marry unlike religions). She was rejected by immigration Canada this October, we then re-applied November with the necessary concerns addressed from the first rejection and was denied a second time.

This makes me believe that this method will not work. So my questions are such;

1) What method do you suggest, common-law/conjugal/working visa?
2) What would be the fastest and most likelihood of success?
3) As an Indonesian, next closest embassy is Singapore which has 24month processing time. Possible to apply via the Phillipines (9months processing time) for example which is much quicker?
4) What tax information is needed by me as the sponsor?
5) How much do the 2 previous tourist visa rejections affect other applications?
6) Would getting married before or during the application process strengthen the process (this might be attainable in Thailand)? Again does this delay the process when providing additional information?
7) What is the likelihood of obtaining a tourist visa during the common-law application? Just so we can see each other.

Thank you in advance for your help.

 

[Rob_TO]

Will try to answer what i can.

1) What method do you suggest, common-law/conjugal/working visa?

If you guys lived together for a long time in Indonesia, you would easily qualify as common-law. I just hope you kept some kind of proofs, evidence, records etc that will show you were indeed living together. You would definitely not use conjugal, since you can get married in a 3rd country if you really wanted to.

2) What would be the fastest and most likelihood of success?

I would say common-law.

3) As an Indonesian, next closest embassy is Singapore which has 24month processing time. Possible to apply via the Phillipines (9months processing time) for example which is much quicker?

You can't pick and choose. Depending on what country you're residing in, that's the office that you need to use. So you guys must use Singapore. Latest stats show 50% of applications are being done in max of 15 months or less (wow that's a long time... they probably have like 2 VOs working there!)

Others will need to advise on the rest...

 

[Sweden]

I can add on Rob_TO answer...

1 - conjugal won't work as there is nothing preventing you from getting married ( in a third country, not in Indonesia). Either married or common-law, depending if you qualify for the second one, or not (see my answer down).

You could try to get her a study permit, but that means international tuitions fees, that's expensive...

4 - you need either an Option C if you already back in Canada and you have filed taxes, or something proving your income. Letter from your employer outside of Canada, and an explanation on how you plan on supporting yourself and your wife/partner when she comes to Canada...
5 - it depends! in your case, I would say it's a rather good point because you have lived together, and you were trying to bring her to canada. Most likely you were denied because CIC didn't believe she would leave the country once her visa run out - and they were right about it ( not saying that they were right to deny, but it's fairly common when in a relationship with a Canadian as the person has all incentives to stay in Canada). So you could argue in your case that it's a proof that your relationship is genuine, as you tried to get to Canada. If you hadn't been in a relationship for a while before, it might be more problematic. In any case, it doesn't create an automatic problem for your file, so it depends on the rest of your application. It's very common for spouses/partners to be denied visa to Canada, so you're definitely the only one, and others have gotten their PR even with previous denials.

6 - if you marry during the process, it might delay a little the process, because they will need to get your certificate, and change your status etc... so if you already qualify as common-law and you have all the proofs, then you could apply as common law and get married once she is in Canada with you. But it's not really big delays.
Also - if you don't have enough proofs as common-law, or want to avoid the hassle of gathering the proofs, you could get married, and apply as married - you won't need to prove that you lived together before, although proving that you have a long history is always a valid point.

7-very unlikely. Most people are denied, and if you have already been denied twice, unless something changes, she probably will be refused again. Some people advise to try and apply after the first stage is approved, and explain that she will comply with the terms of her visa because she doesn't want to jeopardize her PR ( and include proofs of the application, and first stage approval). She would still need to have strong proofs of ties to Indonesia ( letter from her employer saying she is expected back, rent contract, etc). Might still be denied... but because you are Canadian ( and not a PR), you don't need to reside in Canada to sponsor her - you could move to be with her, wait out the PR, do the whole process outside of Canada, and move back together to Canada once the PR is approved. It would serve as a supplementary proof that you are a "real couple", and would avoid being separated.

If you choose that option, you will need to explain to CIC your plan when moving back, so that they are convinced that you will actually move to Canada once the PR is approved. However, that's not very difficult to achieve ( include proofs of work search, possible letters from family that they will host you, etc - if you decide for that option, come back and ask me about it! I'll give you a list of things that can help proving you're coming back).

Good luck,
Sweden