Partners but not by law - What should we do?

[LoisGreat]

Hi,

My partner has moved to Canada a few months ago, he has the Canadian nationality. We were together for a year at that moment, we lived together for 8 months, but we have never been partners by law. I really miss him and I really want to join him in Canada, but we don't know how to do this since we are not spouses, conjugal partners or common-law partners. Does anybody know what our chances are? What route we have to follow? Might sponsorship be able for us? Is there something like in America, where, if you get married within 90 days, you can apply for sponsorship? Does anybody know how to do this? I am a university graduate if this helps.

I can't find any information on the website and calling will cost me a fortune, so I hoped that someone here could help us out.

Thanks in advance.

x Lois

 

[profiler]

Hi,

My partner has moved to Canada a few months ago, he has the Canadian nationality. We were together for a year at that moment, we lived together for 8 months, but we have never been partners by law. I really miss him and I really want to join him in Canada, but we don't know how to do this since we are not spouses, conjugal partners or common-law partners. Does anybody know what our chances are? What route we have to follow? Might sponsorship be able for us? Is there something like in America, where, if you get married within 90 days, you can apply for sponsorship? Does anybody know how to do this? I am a university graduate if this helps.

I can't find any information on the website and calling will cost me a fortune, so I hoped that someone here could help us out.

Thanks in advance.

x Lois

We were together for a year at that moment, we lived together for 8 months, but we have never been partners by law.

That's confusing me. If you lived together for a year (that you can prove), then you would be recognized in Canada as common law and can apply through that stream. You can also try one of the economic streams.

 

[LoisGreat]

That's confusing me. If you lived together for a year (that you can prove), then you would be recognized in Canada as common law and can apply through that stream. You can also try one of the economic streams.

Hey, we lived together from April to December last year, so that's not a year. But living together doesn't mean that we had a relationship by law, we were just considered living on the same address.
What is an economic stream?

 

[Bcboundboy]

Hi,

My partner has moved to Canada a few months ago, he has the Canadian nationality. We were together for a year at that moment, we lived together for 8 months, but we have never been partners by law. I really miss him and I really want to join him in Canada, but we don't know how to do this since we are not spouses, conjugal partners or common-law partners. Does anybody know what our chances are? What route we have to follow? Might sponsorship be able for us? Is there something like in America, where, if you get married within 90 days, you can apply for sponsorship? Does anybody know how to do this? I am a university graduate if this helps.

I can't find any information on the website and calling will cost me a fortune, so I hoped that someone here could help us out.

Thanks in advance.

x Lois

From what you've aid, you have no family route to follow. If you can get an economic stream application (eg Federal Skilled worker through express entry), or a provincial sponsorship, then you can move there. Otherwise, if you want to be together, you must get married, or live together for a year to establish common law.

If you get married, you can apply for family class sponsorship any time thereafter.

 

[LoisGreat]

From what you've aid, you have no family route to follow. If you can get an economic stream application (eg Federal Skilled worker through express entry), or a provincial sponsorship, then you can move there. Otherwise, if you want to be together, you must get married, or live together for a year to establish common law.

If you get married, you can apply for family class sponsorship any time thereafter.

Would it be considered fraud if I come to Canada at a holiday visa, get married and then get a family sponsorship? Because that's what's holding me back... I would do anything to be with him, but I want to follow the legal route, I don't want to be a fraud.

 

[profiler]

Would it be considered fraud if I come to Canada at a holiday visa, get married and then get a family sponsorship? Because that's what's holding me back... I would do anything to be with him, but I want to follow the legal route, I don't want to be a fraud.

Absolutely not. That would be totally legal to do.

 

[LoisGreat]

Absolutely not. That would be totally legal to do.

Thank you guys so much for these answers, this is such a relieve. Do you happen to know where I can find more information on this route being legal?

 

[profiler]

Thank you guys so much for these answers, this is such a relieve. Do you happen to know where I can find more information on this route being legal?

There is nothing stopping you from visiting Canada, right?

There is also nothing limiting your activity here when you visit (within reason).

Therefore getting married is legal. Look at the region who would have to issue your Marriage License (you have to apply for this, in order to marry) for specific documents required to complete the process.

Once you are married, he is entitled to sponsor you.

My wife and I did this. She came on a visit, we married. She went home and took care of her affairs, then returned to Canada. I sponsored her inland, and she has been here ever since.

 

[katdanger]

Would it be considered fraud if I come to Canada at a holiday visa, get married and then get a family sponsorship? Because that's what's holding me back... I would do anything to be with him, but I want to follow the legal route, I don't want to be a fraud.

I'm not totally sure. See here about dual intent: http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp
If you come on a tourist visa you still need to maintain ties to your country and leave when it expires (unless you've applied inland by then), but if you can't prove significant ties to your country when entering on a tourist visa, I believe you can be denied. You should ask an immigration consultant to be sure.

 

[carriedomitin]

Thank you guys so much for these answers, this is such a relieve. Do you happen to know where I can find more information on this route being legal?

Getting married is probably your best option for sure. If you get married, make sure you document everything and take lots of photos etc. The more you have to prove that your relationship is genuine the better your chances are of being accepted to live in Canada with your partner. Getting married can help a lot, but if you do not have solid evidence and proof that your relationship is genuine then it will mean nothing to them. Do you already have lots of photos together and stuff? If so, that is a good start!

 

[profiler]

I'm not totally sure. See here about dual intent: http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp
If you come on a tourist visa you still need to maintain ties to your country and leave when it expires (unless you've applied inland by then), but if you can't prove significant ties to your country when entering on a tourist visa, I believe you can be denied. You should ask an immigration consultant to be sure.

It wouldn't be dual intent until there is a PR application in play. They are free to marry in Canada, as long as they have a Marraige License issued by the region.

If the OP crossed the border again, then Dual Intent would come into play.

Dual intent is not illegal. Just must be aware that you should be able to show you have strong enough ties in your home country that you will return there, if your PR application failed.

 

[LoisGreat]

Getting married is probably your best option for sure. If you get married, make sure you document everything and take lots of photos etc. The more you have to prove that your relationship is genuine the better your chances are of being accepted to live in Canada with your partner. Getting married can help a lot, but if you do not have solid evidence and proof that your relationship is genuine then it will mean nothing to them. Do you already have lots of photos together and stuff? If so, that is a good start!

I can give them like our whole WhatsApp history. Besides that, we have a lot of friends and family that can vouch for us. We tell each other 'I love you' about 5 times a day. I think this won't be a problem, because it's 100% genuine. I wouldn't have gone to Canada if he wasn't there...

 

[Miraclejj]

I can give them like our whole WhatsApp history. Besides that, we have a lot of friends and family that can vouch for us. We tell each other 'I love you' about 5 times a day. I think this won't be a problem, because it's 100% genuine. I wouldn't have gone to Canada if he wasn't there...

Obviously, what you provided here won't be enough to convince CIC your marriage is geniune. Go look at the thread for appeal on this forum. People got rejected had more evidences than what you have. In some extreme cases, people married 30 years, had kids together had been rejected.

Trust me, you need a lot lot lot more than WhatsApp history and vouches from your family and friends to prove your relationship.

 

[Miraclejj]

Also, CIC still can reject you based on the ground that you get into marriage for immigration to Canada, even you can prove that your marriage is geniune. Look at your whole history of your relationship, it won't be difficult for CIC to find this ground, short courtship, married on a TRV, no wedding ceremony, and etc. Too many red flags.

If you really want to be in Canada with your loved ones, be prepared, to collect more evidences, and so on..., try to get approved the first time. If you are in a rush and get rejected, you will face the consequences.

 

[profiler]

Obviously, what you provided here won't be enough to convince CIC your marriage is geniune. Go look at the thread for appeal on this forum. People got rejected had more evidences than what you have. In some extreme cases, people married 30 years, had kids together had been rejected.

Trust me, you need a lot lot lot more than WhatsApp history and vouches from your family and friends to prove your relationship.

Every case if different.

In our case, we married after a short time, but had known each other a longer time. We didn't supply any communications proof at all. We supplied a few letters (4: 2 notarized, 2 witnessed by a notary), 75 photos (everything from family BBQ's, to outings, to fishing trips, to our wedding and our honeymoon). We have reached second stage, and they told us (through our MP) that they are ready to make a decision, once my wife re-does her expired medical. No additional document requests, no interview requests.

So, I think every case is unique. You cannot paint them all with the same brush.