Does this Plan make sense?

[minarin]

I will list my current plan based on what I know in point form and hopefully someone will be able to tell me if it makes sense (or doesn't) and whether or not it'll work or not. Also, suggestions!!! Especially as to how hard it is to prove/qualify as common-law status.

Profiles:

- Female citizen of Canada (Quebec). 18-years old (though 19-20 at time of application)
- College degree, will be studying in university

- Male citizen of US (Arizona). 21-years old (22-23 at time of application)
- No college degree
- Currently working as SysAdmin (IT)
- Basic, basic French

Plan?

I move to the US for a year (6 months at a time, of course) because he has a better job than I do and he cannot work in QC because of the strict immigration laws and the fact he can't speak French.

After that year, we should qualify as common-law by Canada's standards due to having lived together for a year and because we would have combined all finances (correct?). I would then move to British Columbia, sign a lease for an apartment in both our names (as to prove common-law again), start university and begin the outside spouse application (to sponsor him).

Wait a few months and he should be able to come here and become a permanent resident, given that I am sponsoring him? As well, I believe BC does not have a "minimum income" requirement for sponsoring someone else. He would be getting a job as soon as he gets here.

Is this feasible?

Thank you.

 

[thaiguy]

A few problems there.

1. While you would be considered common-law partners as soon as you live together 12 consecutive months and consolidate your affairs, you would lose that status by living apart for 60 days. So technically, even though your application was correct when you filed it, you would be required to update CIC after 60 days that you were no longer common-law partners and therefore no longer eligible to sponsor him.

2. If you begin the Application to Sponsor a Member of the Family Class (i.e., you're in Canada and your boyfriend is outside), you run the risk that he won't be allowed to enter Canada until the application is approved. This will especially be the case if he shows up at the border with a bunch of furniture and personal items while his application is in process.

3. If you begin the Application for Permanent Residence in Canada—Spouse or Common-law Partner (i.e., you're both in Canada), then your boyfriend will not be allowed to work until he receives AIP and then applies for an open work permit.

If you have no intention of getting married, I honestly see option #3 as the only viable choice. Go to live with him in the U.S. and have him save his money for the period he won't be working in Canada. Then, after you've lived together 12 consecutive months, move to Canada (but be discreet) and begin option #3.

 

[minarin]

Thank you so much for your prompt, informative reply!

But, you've sparked more questions :3 Then clearly, #3 is really the only option. So then, what is AIP and what is an open work permit? From my understanding, he would become a permanent resident once the application was complete and that would permit him to work in BC.

And also, if he has saved up enough money for just the months he won't be working and I will only have a part-time job, will I qualify (financially) to sponsor him? I believe the financial requirement is waived if the person you are sponsoring is your partner...

 

[thaiguy]

AIP is approval in principle. It's basically a notification that says your application is tentatively approved, but processing isn't complete. An open work permit would allow your husband to work for any employer between the time he receives AIP and the time he receives permanent residence.

The financial requirements for sponsorship are waived as long as the common-law partner you're sponsoring does not have any children who have children of their own.

 

[minarin]

This is the plan I scraped together from the CIC wesite...

September 10th, 2009 – Start Permanent Resident application (application costs:

Immigration Applications for Persons Outside Canada
Permanent Residence
Right of Permanent Residence Fee $490.00
Family Class
Sponsorship application (per application) $75.00
Principal applicant $475.00
Total: $1040.00
- medical exams, etc

October 8th, 2009 (38 days later) – Sponsorship application complete
February 8th, 2010 (4 months minimum) – PR complete, he moves here
January 2010 (11 months maximum) – complete, he moves here

I've never even heard of the AIP or open work permit O_O Do those come automatically?

 

[thaiguy]

There are two different kits. One is for sponsoring your spouse while he's in Canada, and a second is for sponsoring him while he's living abroad. You want the first one, called "Application for Permanent Residence in Canada—Spouse or Common-law Partner."

Look here, and go to the first bullet point under 1. Obtain an application kit.

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp

 

[minarin]

Yep, I have all those forms. Thank you. *going to spend more time reading the guide*

I do have another questions, though. It says you cannot sponsor someone if you receive social assistance for any reason other than disability. Would that include loans and bursaries for school? Or does that only includes things like welfare? Thanks if you know!

 

[thaiguy]

They mean social assistance.

Loans are ok.