Helping my partner immigrate now that we've had a child

[shauna1200]

My American fiancée who is in Canada with me at the moment is wanting to get a work permit and eventually immigrate to Canada to live here. We just recently had a child together who is now a month old. I am very unsure what forms to fill out or processes he needs to go through to accomplish this. I was going to fill out the forms to sponsor him but now that we have had a child it has some language in it about him no longer qualifying if we share a dependant?
He wants to work here to contribute to our family and so he can be with me and our son. Any help at all would be much appreciated as we hope to accomplish this asap

 

[amikety]

For starters, the child is probably a Canadian citizen already. Whether the baby was born in Canada or got citizenship through you, it doesn't matter.

All the child means is your spouse will not subject to Conditional PR rules. Depending on how long you've been a couple, he might not be subject to them anyway. This has no bearing on your ability to sponsor him or the chances of success/rejection. (A child isn't consider "proof" of a relationship either.)

I would start by reading Leon's post pinned to the top of "Family Class" here. Then take a look at CIC's guide. It includes forms you need (and some you won't).

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp#3900E2

Now - more importantly - are you in a qualifying relationship? Fiancee/boyfriend & girlfriend are not qualifying relationships alone. You either must be married, in a common-law relationship (12 months or more continuous co-habitation as defined by CIC), or a qualifying Conjugal relationship (practically impossible for Americans, don't even consider this an option). If you aren't married (obvious if you're engaged) or in a common-law relationship as defined by CIC, you cannot sponsor him yet.

As far as a work permit goes, he cannot get one just because he's engaged to or even married to a Canadian. (Trust me, I know.) There are 3 options.
- NAFTA - if he holds a professional degree (think bachelors or better) he can almost certainly wiggle his way into a NAFTA work permit. This is the best option. By that, I mean easiest.
- Inland Sponsorship - After Stage 1 approval, he can get an open work permit if he applies for one and pays the fees when he submits the spousal work permit application. Normally, this takes 6-7 months, but there is a strike right now and people are still waiting from October 2012 (9 months). There are few "pros" for Americans to file Inland instead of "Outside" Canada. Not the best option and it can only happen if he's in Canada already.
- Closed work permit - this requires employer sponsorship. The employer must get a LMO, which is permission from the government to hire a foreign worker. There is no written rule here, but Americans aren't preferred for most LMO jobs. We "know our rights" and "like to take our breaks" too much. Yeah, I know I sound like a jerk. There's good reason for it. In addition, even if he gets a job offer and a LMO, there is no guarantee he'll get the work permit.

NAFTA is the best choice if he qualifies. He can enter Canada as a visitor and live with you to qualify as Common-Law if you don't already.

He can also "visit" Canada for an extended period of time (I'm one week short of two years as a visitor) to qualify for Common-Law or you can live with him in the USA, although I imagine moving and not having healthcare with a newborn is not your idea of fun.

You may have guessed, but I am American. My husband is Canadian. There are many couples just like us on this forum, plenty of help for you. Just let us know what we can do for you and how we can help. You can join us in the CPP-Ottawa thread (American's Visa Office is in Ottawa....... don't ask) or the USA Outland Applicants thread. Lots of great users with knowledge about the system. Some people here know so much, it makes my head hurt.

And goodness, don't waste money on a lawyer. Buy your baby things she/he needs and plan for your wedding.

PS: If you live in Alberta, I can help you get your Fiancee healthcare once you're married/common-law as defined by Canada.

 

[shauna1200]

Oh thank you so much for the information. We've been struggling for awhile to figure out how to go about this and yes with the newborn, we definitely don't have extra money for a lawyer.
He unfortunately does not hold a degree that would qualify him for the NAFTA option or have a employer who would sponsor him.
How long is he able to "visit" Canada? Common-Law status wouldn't be that far away for us and then I can sponsor him? What type of proof does the government require in the forms for a common law relationship?
I know where all the forms are for me to apply to become a sponsor, I just wasn't sure if children, and/or marriage change which forms to fill out. Sure is waaay more difficult to do all this then we thought.... I was thinking of moving to the US (seems much easier for me to work and live there) but I have another son whos father doesn't want him to move out of country.

Thank you again for your help. This forum is certainly a godsend and I'm glad there are such informed and friendly people

 

[Leon]

He can visit up to 6 months at time. You would have to provide proof that you lived together for at least 1 year. If you marry him, you can sponsor him without proof of having lived together for 12 months but of course you'd still have to show that your relationship is genuine.

 

[scylla]

Agreed. Your case is very straight-forward and no lawyer is required. The person who suggested that a lawyer is needed is spamming the forum and scaring you to create business for their firm. This is unethical behaviour. I have reported them to the moderator for deletion.

 

[parker24]

To add onto amikety:

If you are a citizen of Canada, your child is already a citizen. If your child was born here in Canada, then your child is a citizen. You do not need to add your child (as in, will not need medicals) to the application.

By the sounds of it, you will have to wait until you're married. There have been cases of people applying common-law and being engaged where CIC held on to their file until they actually got married, so it would be longer for you if they decide to do that. So, I personally, would wait until you get married.

And ignore the ding dong that replied before amikety.

 

[amikety]

Oh thank you so much for the information. We've been struggling for awhile to figure out how to go about this and yes with the newborn, we definitely don't have extra money for a lawyer.
He unfortunately does not hold a degree that would qualify him for the NAFTA option or have a employer who would sponsor him.
How long is he able to "visit" Canada? Common-Law status wouldn't be that far away for us and then I can sponsor him? What type of proof does the government require in the forms for a common law relationship?
I know where all the forms are for me to apply to become a sponsor, I just wasn't sure if children, and/or marriage change which forms to fill out. Sure is waaay more difficult to do all this then we thought.... I was thinking of moving to the US (seems much easier for me to work and live there) but I have another son whos father doesn't want him to move out of country.

Thank you again for your help. This forum is certainly a godsend and I'm glad there are such informed and friendly people

I'm going to ask a few personal questions. I'm not trying to be nosy & you definitely don't have to answer if you aren't comfortable. I am trying to figure out what else I can suggest for you.

- What does your Fiancé do for a living?
- What province do you live in?
- How will you support your family if he becomes a visitor in Canada?
- Are you a citizen or PR?

To add on to what Parker said - I think CIC has removed that line from their website. The last time I went to look for it, it was gone. (It used to say if you are engaged, wait until you get married and apply. I think they meant no more Fiancé Visas, not you can't qualify as Common-Law, because you definitely can.) Parker, I believe Rob_TO was in the same situation, applied as CL and they are either married now or getting married. I think CIC realized how silly that rule sounded and got rid of it. There have been several couples that got married while CL was in process and got approved still - just had to send in a copy of their marriage certificate.

 

[shauna1200]

No that's fine I don't mind giving any info if it will help get us any additional suggestions

My fiancée just worked in regular retail and labour in the states so he's not a qualified worker for any work Visas.
We live in BC.
I am and have been supporting the family I work full time and right now am on maternity benefits.
And I was born in Canada so yes a citizen.

So do you suggest to go ahead and apply as common law or to wait until we are married to apply? And how long does it usually take to get approved as a sponsor?

 

[amikety]

It takes about 1 month to get approved as a sponsor. (Mine was 26 days in Jan/Feb 2013.) You need to send all paperwork together though, including his forms and documents. There are no benefits to waiting on anything (including any fees, medicals, etc) for your case. It will only delay your process.

Depending on where you live, it's possible he might find someone to hire him - but not likely. He's welcome to take a look. Use Kijiji and search for LMO or TFW. Or he can just enjoy time with you and the baby. (That sounds nice!)

The only other thing I would double check (and Parker may know) is to make sure you're eligible to sponsor while on EI Maternity. I'm like 90% certain it's fine. Just double check, because you can't sponsor on social assistance, but I don't think EI is social assistance, but "insurance."

I understand your husband's pain. I'm a very qualified and successful retail manager in the States, but finding a job here - blah. I actually went back to school to make sure I can get a job eventually, even if I have to go through NAFTA.

Since I mentioned it, if your husband is interested in going to back school while he's waiting, I can offer tips and advice there too.

 

[parker24]

The only other thing I would double check (and Parker may know) is to make sure you're eligible to sponsor while on EI Maternity. I'm like 90% certain it's fine. Just double check, because you can't sponsor on social assistance, but I don't think EI is social assistance, but "insurance."

Yes, Mat Leave is totally fine. You paid into it, you're entitled to it as a citizen

 

[shauna1200]

So as I begin to fill out these forms I guess what I'm wondering is when the gov site says:

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:
• You are being sponsored by a permanent resident or Canadian citizen
•You have been in a relationship for two years or less with your sponsor
•You have no children in common
•Your application was received on or after October 25, 2012

..... we do have a child in common...... is that an issue?

 

[amikety]

So as I begin to fill out these forms I guess what I'm wondering is when the gov site says:

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:
• You are being sponsored by a permanent resident or Canadian citizen
•You have been in a relationship for two years or less with your sponsor
•You have no children in common
•Your application was received on or after October 25, 2012

..... we do have a child in common...... is that an issue?

Still not an issue.