Burning question about sponsoring!

[dimasok]

My girlfriend currently lives in Israel and wants to come to Canada to live and study with me. We are not yet ready to marry (that will come in the future as we both agreed) but we want to rent an apartment, study and work together. Is it possible to do that without marrying? All I could find was this: http://www.cic.gc.ca/english/immigrate/sponsor/index.asp but all sponsorship classes there have to do with either family or relatives! What about girlfriend/future wife?

I'd greatly appreciate any help since she has to serve in the army (yes, girls serve in the army in Israel!) beginning February and she doesn't have much time left before her window closes completely for 2 years!
If she comes here and lives with me for a maximum of 6 months and then we marry, would we have to fill sponsorship papers as well? Is it even possible?

 

[Swede]

My girlfriend currently lives in Israel and wants to come to Canada to live and study with me. We are not yet ready to marry (that will come in the future as we both agreed) but we want to rent an apartment, study and work together. Is it possible to do that without marrying? All I could find was this: http://www.cic.gc.ca/english/immigrate/sponsor/index.asp but all sponsorship classes there have to do with either family or relatives! What about girlfriend/future wife?

I'd greatly appreciate any help since she has to serve in the army (yes, girls serve in the army in Israel!) beginning February and she doesn't have much time left before her window closes completely for 2 years!
If she comes here and lives with me for a maximum of 6 months and then we marry, would we have to fill sponsorship papers as well? Is it even possible?

Common-law partners are found in the family class. To count as common-law partners you have to co-habit for at least one year. You can also apply as conjugal partners (also in the family class), but that's supposedly very tricky.

You can definitely live together for six months, get married and then apply for residency, but you have to prove that your relationship is authentic and lasting.

 

[dimasok]

You can definitely live together for six months, get married and then apply for residency, but you have to prove that your relationship is authentic and lasting.

So basically if she comes here like before, but instead of 3 weeks for 6 months and we decide to get married, that's the only way for her to get a permanent resident status? And in the meanwhile, whilst visiting, she has no right to work or study here? Since you say we should live for a year together, would 6 months be admissible? At what stage would we have to start the procedure? Would we have to apply for sponsorship procedures the last week of the six-month period? What if they don't process them in time and she'd have to go back to yet again come back when it's finalized?

If she comes here as a tourist and we get married, what would be her status? Would anything change in his six-month permit to stay here? Anything at all?

 

[mud504@yahoo]

Have you looked into her going there as a student?

 

[Swede]

You can definitely live together for six months, get married and then apply for residency, but you have to prove that your relationship is authentic and lasting.

So basically if she comes here like before, but instead of 3 weeks for 6 months and we decide to get married, that's the only way for her to get a permanent resident status? And in the meanwhile, whilst visiting, she has no right to work or study here? Since you say we should live for a year together, would 6 months be admissible? At what stage would we have to start the procedure? Would we have to apply for sponsorship procedures the last week of the six-month period? What if they don't process them in time and she'd have to go back to yet again come back when it's finalized?

If she comes here as a tourist and we get married, what would be her status? Would anything change in his six-month permit to stay here? Anything at all?

As a visitor you're not allowed to work or go to school at all.

Your options regarding residency are:

• Apply as common-law partners. For this you need one year of co-habitation before the application is sent.
• Apply as conjugal partners. Basically you need to prove that you could not live together even though your relationship was authentic and lasting. This road seems to be very tricky though...
• Get married after a while and then have her apply as a spouse.

Is it possible for her to get a work permit somehow? I know that some countries have youth exchange programs that give you an open-ended work permit for a year.

EDIT: Having her come as a student is an excellent idea.

 

[dimasok]

So if she comes here as a visitor for the maximum amount of time (six months), during that time she is not allowed to get a work permit or a student permit? Someone told me it's not forbidden for visitors to apply for both...
The one year of co-habitation - I read on another forum that if we can prove that we have known each other for a period of one year or more, even if that unfolded outside of Canada (for her obviously not for me) - would that be sufficient?
I'm not sure about applying for work or study permits before she comes here because she might not be able to get them until February when she has to go serve in the Army... how long does it take to process them usually?

My plan was to have her come here again, this time for six months, we get married, and while she is processed to get permanent residency we prove that we lived together for six months and have known each other (by that time) for two years, she applies for work and study permits! Do we have to prove anything to get married? No right?

 

[Swede]

So if she comes here as a visitor for the maximum amount of time (six months), during that time she is not allowed to get a work permit or a student permit? Someone told me it's not forbidden for visitors to apply for both...
The one year of co-habitation - I read on another forum that if we can prove that we have known each other for a period of one year or more, even if that unfolded outside of Canada (for her obviously not for me) - would that be sufficient?
I'm not sure about applying for work or study permits before she comes here because she might not be able to get them until February when she has to go serve in the Army... how long does it take to process them usually?

My plan was to have her come here again, this time for six months, we get married, and while she is processed to get permanent residency we prove that we lived together for six months and have known each other (by that time) for two years, she applies for work and study permits! Do we have to prove anything to get married? No right?

If you're legally in the country you can always apply for another type of visa at the same time. You can read here about the various kinds of family immigration.

The immigration officer at the border crossing decides how long she gets to stay, so you need to tread lightly when talking to them.

Your plan could probably work, but you need to support all your claims somehow.

 

[dimasok]

If you're legally in the country you can always apply for another type of visa at the same time. You can read here about the various kinds of family immigration.

The immigration officer at the border crossing decides how long she gets to stay, so you need to tread lightly when talking to them.

Your plan could probably work, but you need to support all your claims somehow.

Based on the link you gave me, conjugal status seems to fit us the best... last time he gave her six months so there shouldn't be a problem...
But what if she comes here and we marry immediately? Since we have known each other for a year already and she came here too, would we be able to convince them in the authenticity of the relationship and give her a permanent residency status? Would I be required to act as a sponsor regardless? Also, would we have to convince them in the above if we merely want to get married? Or only when applying for her status as a permanent resident AFTER we get married?

 

[Swede]

If you're legally in the country you can always apply for another type of visa at the same time. You can read here about the various kinds of family immigration.

The immigration officer at the border crossing decides how long she gets to stay, so you need to tread lightly when talking to them.

Your plan could probably work, but you need to support all your claims somehow.

Last time he gave her six months so there shouldn't be a problem...
But what if she comes here and we marry immediately? Since we have known each other for a year already and she came here too, would we be able to convince them in the authenticity of the relationship and give her a permanent residency status? Would I be required to act as a sponsor regardless? Also, would we have to convince them in the above if we merely want to get married? Or only when applying for her status as a permanent resident?

You can get married immediately, but you still need to prove to the CIC that your relationship is authentic and lasting.
You would need to sponsor her regardless of what path you choose.
The CIC will only care if you use your marriage to get your spouse permanent residency, they have no say when it comes to whether or not you can get married.

 

[dimasok]

You can get married immediately, but you still need to prove to the CIC that your relationship is authentic and lasting.
You would need to sponsor her regardless of what path you choose.
The CIC will only care if you use your marriage to get your spouse permanent residency, they have no say when it comes to whether or not you can get married.

Can I apply for conjugal sponsorship while she is here as a visitor?

 

[Swede]

You can get married immediately, but you still need to prove to the CIC that your relationship is authentic and lasting.
You would need to sponsor her regardless of what path you choose.
The CIC will only care if you use your marriage to get your spouse permanent residency, they have no say when it comes to whether or not you can get married.

Can I apply for conjugal sponsorship while she is here as a visitor?

Yes, you can sponsor her application as your conjugal partner, but you shouldn't count on the application taking less than six months, so you need to make sure that your case is as strong as possible when you actually do apply. According to the link I showed you, you can strengthen your case by e.g. getting engaged.

Still, conjugal partnership seems difficult to support.

 

[dimasok]

Yes, you can sponsor her application as your conjugal partner, but you shouldn't count on the application taking less than six months, so you need to make sure that your case is as strong as possible when you actually do apply. According to the link I showed you, you can strengthen your case by e.g. getting engaged.

Still, conjugal partnership seems difficult to support.

Their site says:

Conjugal partner

This category is for partners—either of the opposite *censored word* or same *censored word*—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

* you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
o an immigration barrier
o your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
o your *censored word*ual orientation (for example, you are in a same-*censored word* relationship and same-*censored word* marriage is not permitted where you live)
* you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other's country).

For the last point I can provide evidence that I couldn't enter the country she lives in right now (where I used to live for 11 years) because of compulsory army service and she can't do that as well for a long period of time because of her impending army service.
For immigration barrier I could say that she still has to, again, serve in the army and study and would turn 18 only this November so she wasn't able herself to initiate any immigration procedures... does that sound sound to you?

If it takes six months to process the application, I take it she wouldn't be able to work or study whilst staying here? So you're saying we should get married right away when she comes here and then file for spouse? How long would it take to process the spouse application?

 

[Swede]

Yes, you can sponsor her application as your conjugal partner, but you shouldn't count on the application taking less than six months, so you need to make sure that your case is as strong as possible when you actually do apply. According to the link I showed you, you can strengthen your case by e.g. getting engaged.

Still, conjugal partnership seems difficult to support.

Their site says:

Conjugal partner

This category is for partners—either of the opposite *censored word* or same *censored word*—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

* you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
o an immigration barrier
o your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
o your *censored word*ual orientation (for example, you are in a same-*censored word* relationship and same-*censored word* marriage is not permitted where you live)
* you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other's country).

For the last point I can provide evidence that I couldn't enter the country she lives in right now (where I used to live for 11 years) because of compulsory army service and she can't do that as well for a long period of time because of her impending army service.
For immigration barrier I could say that she still has to, again, serve in the army and study and would turn 18 only this November so she wasn't able herself to initiate any immigration procedures... does that sound sound to you?

If it takes six months to process the application, I take it she wouldn't be able to work or study whilst staying here? So you're saying we should get married right away when she comes here and then file for spouse? How long would it take to process the spouse application?

There's no knowing what'd work and what would not, I'm not an immigrations officer... Call the CIC (1-888-242-2100, 1 1 1 0 in the menu) and ask what they think.

If you're in the country as a visitor you're not allowed to work or study. A spousal application would take about the same time, but there's no knowing for sure how long it'd take. If you're married you might have a stronger case anyway.

 

[dimasok]

If you're in the country as a visitor you're not allowed to work or study.

And what about health insurance and similar privileges?

 

[Swede]

If you're in the country as a visitor you're not allowed to work or study.

And what about health insurance and similar privileges?

Nothing. She'd have to get her own insurance.