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Gaia Liongate

Newbie
Mar 27, 2013
2
0
Well, basically my common-law partner is moving to Canada as a refugee becouse of the persecution of her father based on his nationality and political idiology. She is 16 years old but we have been in a commited relationship for 3 years. We have a public relationship, I mean her father knows about us and understand and accept our relationship, but as she doesn't meet the legal age for sexual relationship or marriege, we can't leave togheter for obvios legal impediments (I'm 19 years old). The problem is she's going away with her father and obviously her father is going to be the principal applicant of the permanent residency and as I was reading about the One-Year Window of Opportunity Provisions, the principal applicant is the one who needs to fill the request for any foreing family and no one else. Does that mean she can't ask for me under the One-Year Window Opportunity Provision? Or there's any other way? I don't want to spend two or more years waiting to be with her and I just can't believe there isn't an option for this case.
 
She won't be allowed to sponsor you until she's 18. There is no way around this. Marriage before 18 is not allowed in Canada.

If you were married to her or in a legally recognized common-law relationship, she would not be a dependant and not allowed to travel with her father. It's impossible to be married or common-law and a dependant of your parent. What you're trying to do is have her declared not a dependant. That would separate her from her parents. Do you think they would even consider that? Once again, she can't be in a common-law relationship because she's a minor according to Canadian law.

Realistically, it will be a lot longer than two years. Even if you get married as soon as she's old enough to get married legally, she will most likely have to sponsor you while you remain in your home country. Depending on where you live, it can take 8 - 28 months.

Let her go on to Canada with her father so they can escape their troubles. If your relationship is meant to be, it will still be there in two years.