Family or Canada Class Sponsorhsip?

[AllisonAYH]

Our Situation: I am a Canadian citizen and my partner is Haitain, we are both living together.

My partner was waiting for his approval on his claim for refugee status since May 26, 2011. He received his letter of refusal on the grounds that his situation did not meet the requirements of a refugee (letter received Oct. 3 2011).
My partner and I met May 2010 and we got engaged July 30, 2011 to be married August 25, 2012. Now! I would like to sponsor him.



Questions:
1)Which application do I sponsor him under Family or Canada class (he has 1 child under 22 still living in Haiti with mother)? I read with the Canada class there's no appeal and this is aplication we should use because he's in Canada.


2)We do not want to do a civil marriage or move the date up due to family will be attending from the US. However, should we do a civil marriage (this in my first marriage)before sending in his application? I really would like to do what's best for our situation.


Also, we started the plans for our wedding (my Wedding Officiants is booked and confirmed for August 2012 ), we will be finalizing the wedding venue this weekend.
Any advise that you could offer will be greatly appreciated.

 

[Kedeisha]

well to have him remain in Canada legally u would need to sponsor him you can either marry him or sponsor him under common-law keep in mind that you need to proof that you didnt nmarry him so he can gain status in Canada so prapre a solid application package.

 

[canadianwoman]

You can sponsor him inland or outland. Inland means he can stay in Canada while they are processing the application, but you cannot appeal if it is refused. If he applies outland, he can stay in Canada as a visitor if he has a TRV. Probably he would have to go back to Haiti, though, to wait.

 

[Kedeisha]

I recommend outland Haiti has a 6 mths processing so thats really quick

 

[Stumpedmom]

But if you do the outland application through Haiti and you qualify for common law, you need to make sure that his status stays legal in Canada. With the failed refugee claim, he may have a hard time getting the visa to be a visitor while waiting it out. The minor child will have to have a medical exam as well, and be included in the application as non accompanying family member, that way he can sponsor the child in the future if he wants.

I would recommend the outland application either way based on the fact that there is a right of appeal, due to the fact he has a failed refugee claim. If you can do a civil ceremony with the explanation that you are going to do the big formal ceremony in 2012, that may help the process. If you have been living together for 12 months you meet the qualifications as common law, and can wait to get married.

Under NO circumstances do you want his status to become illegal during the process because that will cause a lot more problems, and my get him banned from Canada.....

 

[AllisonAYH]

thank you all for your reply. I appreciate it very much.

"I would recommend the outland application either way based on the fact that there is a right of appeal, due to the fact he has a failed refugee claim. If you can do a civil ceremony with the explanation that you are going to do the big formal ceremony in 2012, that may help the process. "

@Stumpedmom (thanks) I am going to take your recommendation and do a civil ceremony. I found an "Elopement Wedding Package venue" and I am looking into it.
If all works out we will be getting married asap with the big formal ceremony in 2012. I will complete with the outland application and submit with full explanation.

One more question: I know it's best to submit the application asap but how much time do you think we have to work with since we decided on getting married now. I have sent an email to the website as per their Elopement Wedding Package and not sure what times they will have available. Therefore, If this whole process (wedding and application) takes one month, will be okay?

btw: he has a work permit and has been working since arriving in Canada 2008.
He received social assistance for a few months until he found a job and been working ever since.

 

[Kedeisha]

how much time you have to work with is not a set time and no one can tell you a for sure answer as every case is different

why don't you go to city hall and get married so you have that out of the way and start preparing your package you should be doing this with a sense of urgency

 

[Stumpedmom]

The issue with the work permit....when does it expire...if it expired when he got denied the refugee claim, then he can not be working....depending on what he does, he may be able to get his employer to do an LMO and apply for a work permit for him....

There is a lot that you might want to check out seeing as a lot of his stuff that he has such as the work permit and health care were based solely on his refugee claim that was denied.

Again I can not stress enough...make sure that he remains legal in Canada, and if he gets an order to leave, he should leave...because if he gets deported you are going to have even more of a fight on your hands getting him back in....

 

[AllisonAYH]

@ Stumpedmom, thank you.
His work permit/heath care expires in 2013.
We know the urgency and we are moving up the marriage to Nov. 21, 2011.
I am working on having a vegas style at a wedding venue here in Montreal.
I am aware that I could do a civil wedding but it's my first wedding and he's been married before and we have committed to be with each other for the rest of our lives (when we do have problems....we already know that we have to find some how to work it out because getting divorce will not be an option).....long story but the bottom line.......this commitment to marry was not taken lightly by us due to religious belief.
for a timeline......I am looking at having his paper work completed by Dec 12, 2011 if all goes well! Filling his paperwork correctly I am fully confident but the immigration part and potential problems/issues I am very scared due to lack of knowledge. With that point.......I thank you for all your advise that you have mentioned.