can i get engaged

[1nth3m00d4f00d]

Hi there,

We've sent our application in to sponsor spouse under common law status. I've been thinking about getting engaged though because my partner is coming to NZ for a few months during the application process, and we are going to Fiji for a week, so i was thinking it would be a good opportunity to pop the question, but should i wait until i have been granted permanent residency first? i dont want to re-do the whole application again. or will it affect the application in anyway?

thanks

 

[screech339]

Being engaged has no bearing on your PR application.

Screech339

 

[1nth3m00d4f00d]

ok good to know, cheers

 

[1nth3m00d4f00d]

ok good to know, cheers

 

[taffy7]

Congratulations. No it won't make a difference, however your partner is a Canadian citizen right? I ask this because if not she can not leave the country while sponsorship is in process.

 

[warzo]

what do you mean she cannot leave the country if sponsorship is in process? I am going to put through my application to sponsor my husband and planning to visiting him in October, December and then March of 2015?

 

[SenoritaBella]

I think taffy7 is trying to say that if the sponsor is a Canadian citizen, he/she can live overseas with their spouse during the sponsorship process (but must include evidence of his/her intention to move to Canada with their spouse once a PR visa is issued).

If on the other hand, the sponsor is a permanent resident, then he/she must be residing in Canada during the sponsorship process. Now, the Immigration Act does NOT define what "residing" means and it does NOT mean you can not travel outside Canada. Short visits overseas should be fine but being abroad for many months at a time, is a risk. You can check on CanLII database for cases where the Judge clearly explains this.

What an officer is supposed to look at is your "centralized mode of living" - does the evidence indicate on a balance of probabilities that you live in Canada? The factors to be considered are whether a) you have employment in Canada, are a resident for tax purposes(i.e. you are physically here at least 183 days in a year), own properties, bank accounts, etc.

The problem is, an officer could ignore all the above or interpret the permanent resident's long absence to mean he/she is NOT "residing" in Canada and refuse their spouse's sponsorship on that basis. That's why it is safer(for permanent residents who are sponsoring their spouses) to not stay outside the country for many months at a time.

what do you mean she cannot leave the country if sponsorship is in process? I am going to put through my application to sponsor my husband and planning to visiting him in October, December and then March of 2015?