Help! Need some answers on this..

[Edwin2010]

So here it goes, I have a fiance who I am engaged to and we just had a son this January. Now my fiance and I plan on getting married and if It would prove we're serious about being together then we won't wait any longer. We find her sponsoring me is the only way for me to be able to come to Canada as I have had no luck in getting a job offer and I'm not sure which companies would offer unless any of you have an idea? Anyway the problem is if we got married then her ODSP would get taken away from her and which i'm assuming would effect the sponsorship application if I am correct? Sorry for all the questions i'm new to this and would just like to get the ball rolling now.

 

[scylla]

You have to be either married or common law in order for her to sponsor you. To be classified as common law, you must have lived together continuously for at least one full year.

You don't need a job offer to apply for PR on your own - and getting a job offer is typically next to impossible. However you do have to meet other requirements and typically have to have sufficient points to qualify. If you haven't done so already - I would recommend you calculate how many points you have under the Express Entry program. You want to have more than 430 points to have a decent chance of being selected.

She can be your sponsor while on ODSP. However CIC will want to ensure you don't become a burden on the system once you arrive and may look for proof that you will not take advantage of social assistance. Assuming you are currently working, you should include proof of this in your sponsorship application to demonstrate that you plan to continue working once in Canada.

I can't comment on how ODSP works or changes once you are married.

 

[Edwin2010]

You have to be either married or common law in order for her to sponsor you. To be classified as common law, you must have lived together continuously for at least one full year.

You don't need a job offer to apply for PR on your own - and getting a job offer is typically next to impossible. However you do have to meet other requirements and typically have to have sufficient points to qualify. If you haven't done so already - I would recommend you calculate how many points you have under the Express Entry program. You want to have more than 430 points to have a decent chance of being selected.

She can be your sponsor while on ODSP. However CIC will want to ensure you don't become a burden on the system once you arrive and may look for proof that you will not take advantage of social assistance. Assuming you are currently working, you should include proof of this in your sponsorship application to demonstrate that you plan to continue working once in Canada.

I can't comment on how ODSP works or changes once you are married.

Thanks for some info now it does say she can on the Conjugal partner as well. How can I apply for PR if everything i've read doesn't make it look like I can? If It is possible for me to just do that then it would be great and I don't think i'll have enough points for express entry either since I didn't finish college because of financial reasons. As far as working yes I do work in the USA where I live I'm trying to get to Canada to be with my son and fiance. I know if we got married they would punish her and take her off of it which sucks on both our parts.

 

[canuck_in_uk]

Thanks for some info now it does say she can on the Conjugal partner as well. How can I apply for PR if everything i've read doesn't make it look like I can? If It is possible for me to just do that then it would be great and I don't think i'll have enough points for express entry either since I didn't finish college because of financial reasons. As far as working yes I do work in the USA where I live I'm trying to get to Canada to be with my son and fiance. I know if we got married they would punish her and take her off of it which sucks on both our parts.

Conjugal is not an option. There are no immigration/legal barriers preventing you from becoming common-law or getting married. Any potential changes in her disability payments do not constitute an actual barrier.

 

[Edwin2010]

Conjugal is not an option. There are no immigration/legal barriers preventing you from becoming common-law or getting married. Any potential changes in her disability payments do not constitute an actual barrier.

I'm not trying to argue I'm just saying that the immigration site itself says you can sponsor even on conjugal partner. Anyway how would we become common law? How would them taking her off her disability not effect the sponsorship? Thanks for responding I'm just trying to get my best options here.

 

[Jaywill]

I'm not trying to argue I'm just saying that the immigration site itself says you can sponsor even on conjugal partner. Anyway how would we become common law? How would them taking her off her disability not effect the sponsorship? Thanks for responding I'm just trying to get my best options here.

The barrier has to be to getting married, not the financial implications afterward. An example of someone who could apply conjugal a same sex couple and the applicant is in a country where that is illegal. Im new here and i can see you have no chance of conjugal.

 

[Edwin2010]

There site implies that "This term applies to both opposite and same sex couples"
Unless I'm reading that wrong? Again I'm not trying to argue just trying to learn is all. Anyway what do you mean about the whole barrier and income after? I do know she would most likely lose it if I make to much.

 

[Jaywill]

There site implies that "This term applies to both opposite and same sex couples"
Unless I'm reading that wrong? Again I'm not trying to argue just trying to learn is all. Anyway what do you mean about the whole barrier and income after? I do know she would most likely lose it if I make to much.

If your in the usa and shes in canada, there is no barrier stopping her from coming down to marry you, conversely im assuming you could cross and go there and marry. Conjugal is only allowed when circumstances dont allow a common law or marriage to occur. You making too much money for her govt benefits eligibility Would not apply as a barrier.

 

[Edwin2010]

If your in the usa and shes in canada, there is no barrier stopping her from coming down to marry you, conversely im assuming you could cross and go there and marry. Conjugal is only allowed when circumstances dont allow a common law or marriage to occur. You making too much money for her govt benefits eligibility Would not apply as a barrier.

Ok makes sense thank you. Anyway what would you all think would be the best option then? I'm just afraid of her losing her disability because we get married and then the sponsorship may not work. Or would that not count against her sponsoring me since I'd be applying for permanant resident and open work permit at same time so that I could work?

 

[scylla]

What others have said about conjugal is correct. You face zero immigration barriers to getting married or becoming common law. A conjugal application is guaranteed to fail and be refused. Trying will be a waste of money and a lot of time.

Your future wife should speak with her case worker to find out what will happen if she gets married (i.e. how this will impact her benefits). This isn't an immigration question and will best be answered by an expert in the social services field.

For the sponsorship application to be approved, you will need to demonstrate that you won't be a financial burden to Canada and that your wife will be able support you or that you will be able to support yourself. If you are applying outland, you'll want to demonstrate that you are working now and that you plan to work once you move to Canada. If you are applying inland, then you will certainly want to apply for an open work permit and do your best to find employment once the OWP is approved. Again, any questions on how this will impact your wife's OWP payments are best addressed by her case workers.

 

[Edwin2010]

What others have said about conjugal is correct. You face zero immigration barriers to getting married or becoming common law. A conjugal application is guaranteed to fail and be refused. Trying will be a waste of money and a lot of time.

Your future wife should speak with her case worker to find out what will happen if she gets married (i.e. how this will impact her benefits). This isn't an immigration question and will best be answered by an expert in the social services field.

For the sponsorship application to be approved, you will need to demonstrate that you won't be a financial burden to Canada and that your wife will be able support you or that you will be able to support yourself. If you are applying outland, you'll want to demonstrate that you are working now and that you plan to work once you move to Canada. If you are applying inland, then you will certainly want to apply for an open work permit and do your best to find employment once the OWP is approved. Again, any questions on how this will impact your wife's OWP payments are best addressed by her case workers.

So is it better for us to just get married then apply? And would it be better if I was in Canada when we do the sponsorship? All I would need is the work permit so I could start work. I already have a few places in mind once I get it.

 

[canuck_in_uk]

So is it better for us to just get married then apply? And would it be better if I was in Canada when we do the sponsorship? All I would need is the work permit so I could start work. I already have a few places in mind once I get it.

If you are not going to become common-law, yes, you need to get married to apply for sponsorship. It doesn't matter if you are in Canada or not. If you want the work permit, you need to be in Canada to apply inland.

 

[Rob_TO]

So is it better for us to just get married then apply? And would it be better if I was in Canada when we do the sponsorship? All I would need is the work permit so I could start work. I already have a few places in mind once I get it.

After getting married, you would need to be in Canada as a visitor and living with your sponsor in order to file an INLAND PR application along with Open Work Permit app.

Typically you'll get the OWP after approx 3-4 months from submitting the apps.