Is Spousal Sponsorship our best route? What are our options?

[msmm]

I'm a Canadian citizen, age 25, my boyfriend is a British Citizen, age 26. We've been together for 6 years in May. I've visited him in the UK four times, three of which were 2-3 month trips, one of which was a two and a half week visit. He's visited me here in Canada three times, two of which were 2-3 month trips, one of which was a 3 week visit.

He recently applied for the IEC Working Holiday visa, however he wasn't able to pay the government fee on time and as such couldn't get his work permit. I've read that being invited a second time in a round of pools is quite unlikely, so I'm looking into other options with the ultimate goal of having him live here permanently.

I've been reading up on spousal sponsorships. As of right now, we would not qualify for common-law as we have not lived together for 12 consecutive months.I'm also fairly certain we would not be approved as conjugal partners, as technically speaking there are no large/serious barriers preventing us from living together/getting married.

With all that said, as of right now from my understanding, our best option may be to have him visit Canada as a visitor for 6 months, apply to extend that visitor status, and then from there either apply to sponsor him as my common-law spouse or get married.

My main questions here are:

1. If he comes as a visitor, how can we prove we have the same residence address/bills etc if he's technically a visitor? Would we be able to put him on our lease even though he's only visiting?

2. We have a lot of photos together, facebook/social media accounts that have been interacting since 2013, chat logs since 2013, friends and family who could absolutely vouch for us being together this long etc. Is this enough to prove a genuine relationship?

3. Would it be easier to get married when he visits as opposed to becoming common-law? We don't really have any qualms about just marrying each other at this point, however if he isn't working it will have to be a very cheap wedding lol.

4. I am not on social assistance, but I do qualify for a low-income bus pass. No financial aid is directly given to me, but I do get the city transit pass at a discounted rate as I don't make a high wage. I also have taken out student loans, in the process of repayment at the moment. Would this affect my ability to sponsor him?

5. Is there a better way to go about this process? I am considering hiring an immigration lawyer to help us through these steps, but some opinions or experiences in the process would be so helpful.

Just let me know if you need more details to answer any of this.

 

[Hurlabrick]

First, have a read of these links. It is 'unofficial' stiff, but excellent guidance. Use it in conjunction with the official CIC checklists and CIC help files on-line

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms

1. If he comes as a visitor, how can we prove we have the same residence address/bills etc if he's technically a visitor? Would we be able to put him on our lease even though he's only visiting?

See the links I provided above and the CIC checklists and forms, it is all pretty well specified. But yes, you certainly can put his name on the lease and that is strongly recommended as one of the 'proofs'.

2. We have a lot of photos together, facebook/social media accounts that have been interacting since 2013, chat logs since 2013, friends and family who could absolutely vouch for us being together this long etc. Is this enough to prove a genuine relationship?

It is a good start. Again, see the links for other ideas.

3. Would it be easier to get married when he visits as opposed to becoming common-law? We don't really have any qualms about just marrying each other at this point, however if he isn't working it will have to be a very cheap wedding lol.

Yes it would be easier. As you are both similar ages and from culturally similar backgrounds where a 'registry office' wedding is perfectly normal, it would be fine (and cheap), but would be good to hold some sort of 'after party' with friends and family and have photos.

4. I am not on social assistance, but I do qualify for a low-income bus pass. No financial aid is directly given to me, but I do get the city transit pass at a discounted rate as I don't make a high wage. I also have taken out student loans, in the process of repayment at the moment. Would this affect my ability to sponsor him?

No

5. Is there a better way to go about this process? I am considering hiring an immigration lawyer to help us through these steps, but some opinions or experiences in the process would be so helpful.

If you like the idea of spending $2k - $6k for someone to send you all the forms you need and tell you to fill them in, then check them and send them off then go ahead. But absolutely not necessary, with work and reading you can do this all yourself (and most people do). It is just a bit daunting at first, that's all.​

 

[msmm]

First, have a read of these links. It is 'unofficial' stiff, but excellent guidance. Use it in conjunction with the official CIC checklists and CIC help files on-line

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada

https://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms



See the links I provided above and the CIC checklists and forms, it is all pretty well specified. But yes, you certainly can put his name on the lease and that is strongly recommended as one of the 'proofs'.

It is a good start. Again, see the links for other ideas.



Yes it would be easier. As you are both similar ages and from culturally similar backgrounds where a 'registry office' wedding is perfectly normal, it would be fine (and cheap), but would be good to hold some sort of 'after party' with friends and family and have photos.



No



If you like the idea of spending $2k - $6k for someone to send you all the forms you need and tell you to fill them in, then check them and send them off then go ahead. But absolutely not necessary, with work and reading you can do this all yourself (and most people do). It is just a bit daunting at first, that's all.​

Thank you so much. Those links and your answers are very helpful!

I'm also curious what the usual extension is for visitor status. Is it usually another 6 months or can it be longer?

As well, I've read on this forum and around the web that Outland is much quicker than Inland, with the cons of not being able to re-apply. However, on the cic website it states both right now have a processing time of about 12 months. Is this accurate?

 

[kcward7]

Thank you so much. Those links and your answers are very helpful!

I'm also curious what the usual extension is for visitor status. Is it usually another 6 months or can it be longer?

As well, I've read on this forum and around the web that Outland is much quicker than Inland, with the cons of not being able to re-apply. However, on the cic website it states both right now have a processing time of about 12 months. Is this accurate?

Can be 6 months or more, my husband was granted a year without asking for a year.

The target is 12 months for both but outlands are typically processed faster.

 

[np08]

Thank you so much. Those links and your answers are very helpful!

I'm also curious what the usual extension is for visitor status. Is it usually another 6 months or can it be longer?

As well, I've read on this forum and around the web that Outland is much quicker than Inland, with the cons of not being able to re-apply. However, on the cic website it states both right now have a processing time of about 12 months. Is this accurate?

What do you mean when you say, "Cons of not being able to reapply?" Both inland and outland applications allow for reapplying upon rejection, with outland allowing for appeals as well.

 

[msmm]

What do you mean when you say, "Cons of not being able to reapply?" Both inland and outland applications allow for reapplying upon rejection, with outland allowing for appeals as well.

Sorry, I've only just woken up and I explained myself poorly lol. I meant not being able to appeal with an Inland application. Totally got messed up there

 

[Hurlabrick]

I'm also curious what the usual extension is for visitor status. Is it usually another 6 months or can it be longer?

He would normally be given six months on landing (that is what a stamp in the passport gives unless stated as longer. You can apply for a further six months extension towards the end of the first stay on-line.

As well, I've read on this forum and around the web that Outland is much quicker than Inland, with the cons of not being able to re-apply. However, on the cic website it states both right now have a processing time of about 12 months. Is this accurate?

Inland USED to be much slower than outland, but about 18 months ago Trudeau declared that both would be processed in the same timescales, hence the '12 months' that is quoted on the CIC website, which actually means they try to process 80% in 12 months. For you it may be less, count on 10 - 12 months for a Canadian / UK combination.

You are correct that you cannot appeal a refusal decision on inland spousal sponsorship (I got your meaning). It is also not advised for the PA to leave Canada for any length of time during inland spousal sponsorship since if for any reason he is refused re-entry to Canada, the inland spousal sponsorship application is considered abandoned.​

 

[msmm]

He would normally be given six months on landing (that is what a stamp in the passport gives unless stated as longer. You can apply for a further six months extension towards the end of the first stay on-line.

Inland USED to be much slower than outland, but about 18 months ago Trudeau declared that both would be processed in the same timescales, hence the '12 months' that is quoted on the CIC website, which actually means they try to process 80% in 12 months. For you it may be less, count on 10 - 12 months for a Canadian / UK combination.

You are correct that you cannot appeal a refusal decision on inland spousal sponsorship (I got your meaning). It is also not advised for the PA to leave Canada for any length of time during inland spousal sponsorship since if for any reason he is refused re-entry to Canada, the inland spousal sponsorship application is considered abandoned.​

Ahh that clears things up there. I'm definitely thinking outland may be the way to go, as it also allows for him to work and save up a bit before he comes.

I have another question that I can't seem to find an answer to. On one of the applications for PA's, it asks whether the PA's parents wre ever convicted of/party to a crime. Both of his parents have had run ins with the law, his father having a conviction for assault and his mother being unwillingly tied to a drug dealer (she was renting out to him, unaware he was dealing, and got caught up in the mess). Will this negatively affect his application?

 

[Hurlabrick]

Outland may be the way to go, but of course you would not be able to apply under common law (unless you are thinking of coming to the UK for a year as a tourist). I assume you are now thinking the marriage route?

I have another question that I can't seem to find an answer to. On one of the applications for PA's, it asks whether the PA's parents wre ever convicted of/party to a crime. Both of his parents have had run ins with the law, his father having a conviction for assault and his mother being unwillingly tied to a drug dealer (she was renting out to him, unaware he was dealing, and got caught up in the mess). Will this negatively affect his application?

As long as your PA does not have any arrests or convictions (would show on his police cert), should be fine. You must of course fully disclose any information when asked.

 

[msmm]

Outland may be the way to go, but of course you would not be able to apply under common law (unless you are thinking of coming to the UK for a year as a tourist). I assume you are now thinking the marriage route?



As long as your PA does not have any arrests or convictions (would show on his police cert), should be fine. You must of course fully disclose any information when asked.

Yes. We're thinking the best way to go about this may for him to come here as a visitor and have a marriage ceremony. We've already discussed getting married and as I said, the only thing holding us back from that would really be finances and perhaps the sentimental value of being sure his family could attend, but it seems to be a much easier thing to prove. We likely wouldn't be able to prove common-law unless his IEC is approved, in which case we may still go down this route.

My PA doesn't have any convictions luckily, haha. It just made me a bit nervous seeing that question on the application, however from what I can find it seems as long as these family members aren't also coming with him to Canada, it shouldn't have an effect?

I'm starting to gather proof of the relationship now despite likely not going through with any application until we've gotten word about his IEC. Still hopeful he'll get an invitation again, as I believe it would open up our options. If he does get approved for a 2 year Working Holiday, would it be best to begin a spousal sponsorship application as soon as possible once he arrives here? In that case, we may be better off applying inland as to not risk having the interview out of Canada, am I correct?

Thank you again so much for all of your help by the way. The official websites for this stuff aren't super helpful in terms of the little details.

 

[Hurlabrick]

Yes. We're thinking the best way to go about this may for him to come here as a visitor and have a marriage ceremony. We've already discussed getting married and as I said, the only thing holding us back from that would really be finances and perhaps the sentimental value of being sure his family could attend, but it seems to be a much easier thing to prove. We likely wouldn't be able to prove common-law unless his IEC is approved, in which case we may still go down this route.

My PA doesn't have any convictions luckily, haha. It just made me a bit nervous seeing that question on the application, however from what I can find it seems as long as these family members aren't also coming with him to Canada, it shouldn't have an effect?

I'm starting to gather proof of the relationship now despite likely not going through with any application until we've gotten word about his IEC. Still hopeful he'll get an invitation again, as I believe it would open up our options. If he does get approved for a 2 year Working Holiday, would it be best to begin a spousal sponsorship application as soon as possible once he arrives here? In that case, we may be better off applying inland as to not risk having the interview out of Canada, am I correct?

Thank you again so much for all of your help by the way. The official websites for this stuff aren't super helpful in terms of the little details.

If he can get an IEC, that would be great. If you are then married he could be in Canada with you. IF that is the case (lots of if's), you can apply EITHER inland OR outland - your choice. But if he remains in the UK, you can ONLY apply outland (i.e. just because he is in Canada does not mean you cannot still apply outland if you want to). If you are married, then yes, you can apply for either inland or outland spousal sponsorship once he lands - no need to wait unless you want to.

The chances of you / him having to go to an interview for spousal sponsorship are pretty close to nil, I would not factor that as a consideration if you get all the proofs needed. The only 'interview' you may be picking up on is the 'landing interview' associated with landing once he is approved if you went the inland route - and that is not a relationship interview, just a few easy questions you have already answered, a flurry of rubber stamping and hey presto, he has landed and is PR.

 

[msmm]

If he can get an IEC, that would be great. If you are then married he could be in Canada with you. IF that is the case (lots of if's), you can apply EITHER inland OR outland - your choice. But if he remains in the UK, you can ONLY apply outland (i.e. just because he is in Canada does not mean you cannot still apply outland if you want to). If you are married, then yes, you can apply for either inland or outland spousal sponsorship once he lands - no need to wait unless you want to.

The chances of you / him having to go to an interview for spousal sponsorship are pretty close to nil, I would not factor that as a consideration if you get all the proofs needed. The only 'interview' you may be picking up on is the 'landing interview' associated with landing once he is approved if you went the inland route - and that is not a relationship interview, just a few easy questions you have already answered, a flurry of rubber stamping and hey presto, he has landed and is PR.

This is wonderful information, thank you! We're definitely waiting on a lot of 'if' scenarios right now. Luckily we're young and not in a huge rush. The sooner the better for sure, but if it's a few years down the road before all of it is said and done we can manage.

I can't tell you how appreciative I am of all your help. These forums and the britishexpats site have so far been an invaluable resource!

 

[canuck78]

Just warning you because you have mentioned qualifying for a low income bus pass and not being able to pay for IEC on time that there is no income requirement for spousal sponsorship but you need to be able to show you can support yourselves after the fees required for sponsorship.

 

[msmm]

Just warning you because you have mentioned qualifying for a low income bus pass and not being able to pay for IEC on time that there is no income requirement for spousal sponsorship but you need to be able to show you can support yourselves after the fees required for sponsorship.

Noted! I don't really consider myself low income, and having very low rent payments help. I live in a shared housing situation with my father, my brother, and his wife, so I take home, after bills, around 1600 a month. Low, but for my lifestyle quite feasible.

The main reason he could not pay for the IEC on time was that the deadline coincided with him visiting me here for a few weeks, and the company he has used to apply for the IEC gave him very little notice about the government fee.