How do I go about this situation?Sponsorship?A visa?

[Xnenon]

Hello Everyone,

I have a friend in a situation, And I've been reading a bunch of threads but I can't get a clear picture. Just want to know some options for her. She's a Filipino and she's currently a PR and living in Canada. She has a boyfriend for 6 years, he's a Filipino and living in the Philippines. The catch here is he's married, except separated from his wife for years now. Is there anyway she can get him to Canada? I see there is no way to get a boyfriend/girlfriend into Canada, but under the family class it's allowed to sponsor a fiancee, assuming they are ready for this step together, when they land and have 90 days to get married, should they? Or should they try to file for a divorce in Canada before that? Or even during it? Can this work at all? Or should he try to get into Canada some other way and file for divorce, and once granted then sponsor? Any help would be great guys. Thanks.

 

[scylla]

Hello Everyone,

I have a friend in a situation, And I've been reading a bunch of threads but I can't get a clear picture. Just want to know some options for her. She's a Filipino and she's currently a PR and living in Canada. She has a boyfriend for 6 years, he's a Filipino and living in the Philippines. The catch here is he's married, except separated from his wife for years now. Is there anyway she can get him to Canada? I see there is no way to get a boyfriend/girlfriend into Canada, but under the family class it's allowed to sponsor a fiancee, assuming they are ready for this step together, when they land and have 90 days to get married, should they? Or should they try to file for a divorce in Canada before that? Or even during it? Can this work at all? Or should he try to get into Canada some other way and file for divorce, and once granted then sponsor? Any help would be great guys. Thanks.

You are incorrect about fiancee. There is no fiance/fiancee immigration class in Canada.

Suggest you join the Family Sponsorship section of the forum. There are previous discussions there that deal with this type of situation.

 

[vensak]

they could be a common law except they do not live together so that is a no go. So here are the options:
1. She will move to Filipines for at least one year to live with him, so that she can apply for his immigration under common law sponsorship.
2. He will move to Canada (if he gets tourist visa and he will manage to extend it or if he gets work or study visa on his own) and then continue like point 1
3. He will divorce and marry her, then no living together is needed.

I assume the point 3 is the least comfortable for him, otherwise he would have already done so.

 

[bellaluna]

Hello Everyone,

I have a friend in a situation, And I've been reading a bunch of threads but I can't get a clear picture. Just want to know some options for her. She's a Filipino and she's currently a PR and living in Canada. She has a boyfriend for 6 years, he's a Filipino and living in the Philippines. The catch here is he's married, except separated from his wife for years now. Is there anyway she can get him to Canada? I see there is no way to get a boyfriend/girlfriend into Canada, but under the family class it's allowed to sponsor a fiancee, assuming they are ready for this step together, when they land and have 90 days to get married, should they? Or should they try to file for a divorce in Canada before that? Or even during it? Can this work at all? Or should he try to get into Canada some other way and file for divorce, and once granted then sponsor? Any help would be great guys. Thanks.

Yes as scylla said, Canada has no fiancé sponsorship class. What you described is the fiancé visa process for the United States. The United States and Canada are completely separate countries/governments with their own set of rules/laws.

Aside from the options vensak described, the BF can try to see if he qualifies through Express Entry as a skilled worker.

 

[Bornlucky]

Yes as scylla said, Canada has no fiancé sponsorship class. What you described is the fiancé visa process for the United States. The United States and Canada are completely separate countries/governments with their own set of rules/laws.

Aside from the options vensak described, the BF can try to see if he qualifies through Express Entry as a skilled worker.

Canada used to have the fiancé class with this 90 day condition that you marry within that time - it's gone now.

Here is something to consider though - your friend should move to be with him because it is often a consideration that if a couple just has to be together, then it certainly does not have to be in Canada. Good news, she can live with him in their home country!

Solved.

 

[scylla]

Canada used to have the fiancé class with this 90 day condition that you marry within that time - it's gone now.

That's actually a US rule.

 

[Bornlucky]

That's actually a US rule.

Canada used to have it as well - "Fiancé(e)s are eliminated as a separate group, but may be sponsored if they are conjugal partners" comes from http://publications.gc.ca/Collection-R/LoPBdP/BP/bp190-e.htm

This doesn't specifically mention the 90 day requirement to wed as a term and condition that accompanied the landing but it was a 27(1)(b) report under the 1976 Act. I can assure you that Canada did have the 3 months to marry requirement for a sponsored fiancé - but it doesn't exist any longer so it's moot anyhoo.

Lifting Ts and Cs (Terms and Conditions) was labour better spent on other inadmissible folks (I suppose)

 

[Bryanna]

Fiancé(e) was no longer considered as an immigrant category for family class sponsorship after June 27, 2002

 

[Bornlucky]

Fiancé(e) was no longer considered as an immigrant category for family class sponsorship after June 27, 2002

Yes, as mentioned it used to exist - IRPA replaced the "old Act" (July 1st 2002 I think) and just like I have been wasting everyone's time explaining, Canada also had a 90 day condition to marry your sponsor or you could be subject to a 27(1) report - it is gone now.., yes, yup and yeah but the condition would have been in a corresponding Regulation that would also disappear with IRPA.

So, just to conclude - Canada had it and Canada got rid of it.

 

[Xnenon]

Thanks everyone for the info, sorry I posted it in an odd section wasnt sure. Didn't know the rule was gone either but I appreciate the clarification. And thanks vensak for the options, thats really what I was going for.