fiance issues

[Kay1]

a fiance (British) coming here throws a red flag at customs if they don't have a return ticket correct? they could be refused entry. A fiance coming here with a return ticket and us getting married and then him going back to the UK would be a bumber but the safest option yes? then the application for spousal sponsorship would be legit and probably fast tracked due to the marriage.

can anyone tell me the rough time it takes in this sort of circumstance for it to go through and would he be allowed to come back into country to stay whilst the application went through?

Please help me find a way through this maze of red tape and traps

 

[CdnandTrini]

Reply: Fiance Issues

a fiance (British) coming here throws a red flag at customs if they don't have a return ticket correct? they could be refused entry. A fiance coming here with a return ticket and us getting married and then him going back to the UK would be a bumber but the safest option yes? then the application for spousal sponsorship would be legit and probably fast tracked due to the marriage.

can anyone tell me the rough time it takes in this sort of circumstance for it to go through and would he be allowed to come back into country to stay whilst the application went through?

Please help me find a way through this maze of red tape and traps

Hello @Kay1 - Anyone travelling these days without a return ticket is questioned and most definitely it would be highly likely that your guy could not only be denied entry but also barred from re-entry for a year if the border patrol does not like the look of him or if they are not in a good mood that day. And that would be an even bigger "bummer" :'(.

So your safest option as you outlined above is the best one. He comes to visit, with his return ticket. Because the UK is travel/visitor visa exempt, I think he would be able to stay for a 6 month period and possibly get an extension after that. I also think there is something called a "working holiday visa" but do not know enough about it so you should do some more research in that area too. You could get married while he is here and apply for his PR, you would be his sponsor, but unless he has a work permit, he cannot work while he is here. So unless he has enough money to support himself or you want to do that, it needs to be discussed and agreed upon. Old African proverb - "when the watering hole gets smaller the animals get meaner" .

Also be prepared for a year or more of red tape mazes and traps. Being a sponsor is not for the faint of heart and more often than not, is pretty stressful on a relationship. Not to burst your bubble as most people on the forum are here already for better or worse; however, you need to be a solid couple to ride this process through to the end.

And no, a marriage does not fast track you or anyone else. Your entire relationship will need to be documented, photographed, recorded and scrutinzed by an immigration office. Read some more on this forum, I am sure others will chime in with more experience and you will have a bit more perspective on what you will need to do realistically to get to the finish line with your loved one. Blessings and hope this helps as a starting point.

 

[costaudjoe]

A one-way ticket is suspicious period. It shows no real plan to leave. Get a round-trip ticket read the fine print before you buy and see what it costs to change it. With my common-law partner, we paid $150 to change the date. But no way would we have gotten just a one-way, that is just inviting trouble.

 

[Kay1]

thanks guys....... going to have a chat with an immigration guy this afternoon. he said Daryll can stay in country once we are married if he has the right 'permissions'. need to look into what that means.

 

[Kay1]

well looking at the options things are not good. i can't survive without fiance/spouse to be financial help because i would stop getting alimney off ex as soon as i re marry. can't afford to run two households in different countries. looks like only option is to end relationship and move on unless we can find a way for him to stay in country after we marry.

 

[Hnhkrk]

thanks guys....... going to have a chat with an immigration guy this afternoon. he said Daryll can stay in country once we are married if he has the right 'permissions'. need to look into what that means.

Your immigration guy is an idiot, then. He doesn't know what he's talking about. Canadian Immigration doesn't give a flying hoot if you're married or not. A marriage certificate does not give you husband implied status, residency, or citizenship.

However, he can stay in Canada throughout the application process if you apply inland. He can also stay as a visitor throughout the process if he applies for a visitor's visa extension.

 

[costaudjoe]

Your immigration guy is an idiot, then. He doesn't know what he's talking about. Canadian Immigration doesn't give a flying hoot if you're married or not. A marriage certificate does not give you husband implied status, residency, or citizenship.

However, he can stay in Canada throughout the application process if you apply inland. He can also stay as a visitor throughout the process if he applies for a visitor's visa extension.

In our case, we didn't even apply for an extension. We just made a run for the border every six months. Did some shopping in the states and came back. There was a risk but we showed them the return ticket (which explains my comment above!)

 

[Hnhkrk]

In our case, we didn't even apply for an extension. We just made a run for the border every six months. Did some shopping in the states and came back. There was a risk but we showed them the return ticket (which explains my comment above!)

That's a good idea, but not everyone can afford to fly in and out every 6 months. It was cheaper for us to do the extension, and to me it was safer as well. I got my visa extended for a whole year.

 

[Rob_TO]

a fiance (British) coming here throws a red flag at customs if they don't have a return ticket correct? they could be refused entry. A fiance coming here with a return ticket and us getting married and then him going back to the UK would be a bumber but the safest option yes? then the application for spousal sponsorship would be legit and probably fast tracked due to the marriage.

Being married doesn't fast-track the process. There are tons of cases of fraudulent marriages done just to gain immigration to Canada, so just being married in itself doesn't mean anything. How long have you been dating so far? If you've lived together for 1 year, you could apply right away as common-law partners.

Regarding him safely coming to Canada, you could always purchase a separate fully-refundable return ticket that you could show the immigration officer to get a 6-month visitor visa, and then just cancel the ticket... or you could get an open ticket that allows you to change the date with no fees or penalties. After the 6 months are almost up, he could apply for an extension.

Or if you both come to Canada and he applies inland, he can stay here during the entire processing time, and get an open work permit after the first stage is complete (around 6 months).

 

[costaudjoe]

That's a good idea, but not everyone can afford to fly in and out every 6 months. It was cheaper for us to do the extension, and to me it was safer as well. I got my visa extended for a whole year.

Dude, you are in Montreal. The border is a 45-minute drive. We like to go down to Lake George Outlets and then Albany (2.5 and 3 hours respectively). It's a nice drive through the Adirondacks. No need to fly

 

[Hnhkrk]

Dude, you are in Montreal. The border is a 45-minute drive. We like to go down to Lake George Outlets and then Albany (2.5 and 3 hours respectively). It's a nice drive through the Adirondacks. No need to fly

If I'm driving I don't have a return ticket, so I would just be leaving and re-entering with no promise of return. And since my record would show that I'm 'flapolling' ever six months, I'm pretty sure I would get denied eventually.

We thought about it before I applied, and just decided to go for the extension.

 

[costaudjoe]

If I'm driving I don't have a return ticket, so I would just be leaving and re-entering with no promise of return.

True dat.

My common law partner had her ticket back to Seoul in hand.

 

[Kay1]

well i spoke tot he immigration lawyer and he said for him to come in on a visitors visa, get married and then apply for an extension or i guess we could just go over the line for a trip. i'm in the Okanagan so it's not far. he said there should be no problem getting visa extended as they very rarely turn it down. we then apply for inland and wait for 6 - 8 months for him to be able to work. it will be tight financially but better than trying to run two households in two different countries.

have to say you lot are awesome thank you so much. p.s how do i put the BC - 0KANAGAN flag on here?

 

[Rob_TO]

well i spoke tot he immigration lawyer and he said for him to come in on a visitors visa, get married and then apply for an extension or i guess we could just go over the line for a trip. i'm in the Okanagan so it's not far. he said there should be no problem getting visa extended as they very rarely turn it down. we then apply for inland and wait for 6 - 8 months for him to be able to work. it will be tight financially but better than trying to run two households in two different countries.

have to say you lot are awesome thank you so much. p.s how do i put the BC - 0KANAGAN flag on here?

If you can get married and send off your application within the 6 months the initial visitor visa is valid for, then you won't even need an extension. Sending off your inland PR and OWP app gives you implied status and applicant can remain in Canada legally during the entire processing time. If you will be applying inland, just make sure he doesn't need to travel back to the UK for any reason for at least a year, possibly longer.

 

[Kay1]

thanks Rob.
the immigration lawyer sais we should make sure to contact him about 3 months prior to us getting married as then all the paperwork is set and ready to go straight after the wedding. Thank you all for your straight replies. sometimes it's hard to find the info inside the wording but you lot are great.