need HELP..

[Cruz]

Hello..I'm new here..
My fiance was granted a permanent residency status and he's leaving this week. I am a multiple entry visa holder and I'm going to visit his area (Regina) with my family this May. We are planning to get married in Regina by the time I visit so I can apply for my inland process and stay in Canada as well. Is this a feasible move? Anyone who can enlighten me with the best possible way? It will be very much appreciated.

 

[Leon]

You can do it that way for sure. When you enter, do not disclose your plans to immigration. As a visitor, you are only allowed to visit. If you come in with the plan to stay permanently, they can send you packing.

Getting married in Canada, you need your birth certificate and passport and if you were married before, you need proof of that marriage having ended.

If you apply inland, you would have to stay in Canada during your processing but you would not get a work permit until first stage approval after 10-11 months. It may be faster for you to apply outland depending on where you are from. You can still stay in Canada during the outland processing but after around 5 months, you would have to apply to extend your status.

 

[Cruz]

Thank you so much Leon. I appreciate this. By outland it means after I visit and married him this May..I would go back to my country (Philippines)? How long will this usually take? also, can you give me an advise as to what is the best option?

 

[Leon]

Thank you so much Leon. I appreciate this. By outland it means after I visit and married him this May..I would go back to my country (Philippines)? How long will this usually take? also, can you give me an advise as to what is the best option?

The thing with outland is that you can still stay in Canada while you apply. However, Manila is listed at 14 months, see http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp#asia so not very fast at all. You may be better applying inland after all.

You may have a problem marrying so soon after his landing that the visa officer will ask you to prove that you were not living together before your husband got his PR. If you had lived together as a couple of 12 or more months before he landed, he should have included you on his application as a common law partner.

 

[Cruz]

Oh I see..no we are not living together since I came from a very traditional filipino family which is highly conservative..we got our blessing from my parents before the application of his PR was approved.

 

[Cruz]

Hi Leon,

I just wanna clarify some things i hope you can enlighten me this May before i visit my fiance in Regina we will land first in BC to see my sister who is under a school program. My fiance and I decided that since im already going then we might as well get married in his place of residency (Regina). I would just like to know why you said that we might encounter some problems given the fact that we are just an engaged couple and not a common-law partner.

Thank You so much for all your help!

 

[Leon]

I just wanna clarify some things i hope you can enlighten me this May before i visit my fiance in Regina we will land first in BC to see my sister who is under a school program. My fiance and I decided that since im already going then we might as well get married in his place of residency (Regina). I would just like to know why you said that we might encounter some problems given the fact that we are just an engaged couple and not a common-law partner.

I didn't say that. I said you might have a problem because you get married very shortly after he landed.

It's like this. When somebody applies for PR, they must include their spouse or common law partner. If they get married or reach 12 months of living as a couple during the application process, they must let the visa office know and add their spouse. If they land without declaring a spouse, they are in big trouble.

Now, your fiance did not do anything wrong because you were not married and you were not common law when he landed. However, immigration may feel a bit funny because obviously being engaged, you were already in a serious relationship when he landed. Therefore, they will want to know if you had lived together for 12 months before he landed. If you did, he would be in big trouble for not declaring it. If you didn't, then there is no problem.

 

[Cruz]

I understand. Now, how can we prove that we are not living together?Are they going to request for any forms of documents?

 

[Leon]

I understand. Now, how can we prove that we are not living together?Are they going to request for any forms of documents?

Don't worry about it. If they ask, you will think of something. If your own statement that you were not is not good enough, you can show tax papers showing that you did not have the same address and you can get statements from other people.

 

[Cruz]

Hi Leon,

I just want to know that once I stay in Canada after the Civil Marriage and my family will return to Manila, will they encounter problems? Since I won;t be coming back with them? Thank you..

 

[Msafiri]

Its my humble opinion that CIC will scrutinize your case very closely and that there is a real issue you may have problems with inadmissibility because you are not a bonafide visitor but intend to marry and remain in Canada.

The outland 14 month timeline refers to 80 percent of cases concluded with a historic date range Oct 1, 2012 - Sep 30, 2013. Your case will likely be faster than this especially if you factor in that CIC has additional resources to deal with outland sponsorships due to Typhoon Haiyan.

An inland application will easily take 18 months plus (CIC are under resourced with multiple local office closures) with issues including applying for health insurance to cover you until at least stage 1 Approval In Principle. Travel during inland processing will be a risk too as your visitor visa doesn't meet the purpose it was issued for upon return and you could be refused admission. You are best to stay in Canada throughout the processing.

 

[Cruz]

Hi there,

Thank you for the response. My family bought a round trip ticket for all of us. If I get married in Sask and applied for inland process..will my family encounter problems when they will go back to Manila without me? Thank you so much.

 

[Msafiri]

Why do you think your family should have any issues? They are returning to their country of citizenship right? Its only an issue with CIC/CBSA if they overstay any duration of admission they get at the Canadian port of entry.

 

[Cruz]

That is because I won't be coming back with them and our ticket is a round trip one. Will the immigration question them why I didnt come back with them?If so, what should they tell or present to them? Can you advise me of the best option? Is getting married in Sask and apply for inland the best or outland where in I will go back with my family first in Manila after my marriage? Thank you so much.

 

[Msafiri]

That is because I won't be coming back with them and our ticket is a round trip one. Will the immigration question them why I didnt come back with them?If so, what should they tell or present to them? Can you advise me of the best option? Is getting married in Sask and apply for inland the best or outland where in I will go back with my family first in Manila after my marriage? Thank you so much.

Which immigration? Philippines? Why should they unless there is a legal reason why you should not be left behind in Canada? If you are old enough to get married then you are old enough to stay behind is my take.

Outland applications are generally faster and the issue of misrepresentation when you enter as a visitor despite an intention to get married and remain in Canada is moot. Can you live in Canada for 18 months or more without potentially working and having to purchase medical insurance? Head over to the family sponsorship section of the forum it will have Manila applicant experiences which will be helpful for your decision making.

Most applicants tend to go with can I live with the separation for the shorter duration outland processing or can I live with the hassles/delays for inland processing but I'm with my spouse as the deciding factor.