Permanent Residency Applied for...and just got engaged to an American.

[paloverde412]

I need advice on how to navigate our complicated situation. Here's the full story:

I've applied for permanent residency in Canada as a Skilled Worker. My application was turned in 9 months ago, and I'm currently waiting to hear. I just got engaged to my boyfriend of 2.5 years. He is an American citizen. We don't have a marriage date, but we can do it whenever. I am in Canada on a work visa. He works in America and will continue to do so.

I have a ton of questions:

I know that I need to amend my application.

Can he live with me in Canada in the meantime?

Will this put us at the back of the line?

Can we go ahead and get married?

What am I not thinking about in this process (I'm sure there is lots!)?

Thanks!

 

[rg2012]

I need advice on how to navigate our complicated situation. Here's the full story:

I've applied for permanent residency in Canada as a Skilled Worker. My application was turned in 9 months ago, and I'm currently waiting to hear. I just got engaged to my boyfriend of 2.5 years. He is an American citizen. We don't have a marriage date, but we can do it whenever. I am in Canada on a work visa. He works in America and will continue to do so.

I have a ton of questions:

I know that I need to amend my application.

Can he live with me in Canada in the meantime?

Will this put us at the back of the line?

Can we go ahead and get married?

What am I not thinking about in this process (I'm sure there is lots!)?

Thanks!

This is only advice based on the best of my knowledge and not to be taken as legal advice. Please continue to do your own research because only you know your situation and circumstances perfectly.

Your fiance can come and visit you but he cannot take employment in Canada without the proper paper work/permits. Again, I'm not sure how long a visit to Canada is allowed.

If you do decide to get married, please note that the Canadian PR process attempts to figure out whether you have intentions of making Canada your home. Obvious red flag is if your new spouse doesn't apply for PR along with you and his American citizenship.

Also, please note that there are tax implications (positive and negative) once you consider yourselves married/common law partner (in both countries). When you officially "land", you will also need to show proof of funds, which is greater than if you were single. You will also have to revise your PR application since your martial status has changed. This will likely affect your timelines since you will need to send in information about your husband (including Medical reports, Police Clearances etc).

Please note that marriage fraud laws apply for applications later than Oct 25, 2012. Not that I wish anything happens to your marriage. ;D http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp

Good luck.

 

[rizmayo]

As the other member suggested, you should seek proper legal advise. However I will share what knowledge I have on this matter:

I need advice on how to navigate our complicated situation. Here's the full story:

I've applied for permanent residency in Canada as a Skilled Worker. My application was turned in 9 months ago, and I'm currently waiting to hear. I just got engaged to my boyfriend of 2.5 years. He is an American citizen. We don't have a marriage date, but we can do it whenever. I am in Canada on a work visa. He works in America and will continue to do so.

I have a ton of questions:

I know that I need to amend my application. If you were in a common-law relationship, that is you were living together, you could have declared him on your application from the beginning. You can do it now and declare a common-law relationship or wait till you are married

Can he live with me in Canada in the meantime? As a US citizen he has no issues coming and going at his leisure. He can apply for a work authorization before entering Canada if he intends to work as well.

Will this put us at the back of the line? There really is no line per se and your application is not delt with on first come first serve basis. There are actions that need to be done on your application (some sequential others are done in parallel) and once these actions are completed in there due course you will get your visa. To answer the question you are actually trying to ask, yes your application may be slightly delayed if you add another person as a dependent on it.

Can we go ahead and get married? hmmmm...... you seriously want the permission of the Canadian government to get married? Ofcourse you can get married, life does not stop once you apply for immigration.

What am I not thinking about in this process (I'm sure there is lots!)? What you both need to consider is your movement between the 2 countries after your intentions are declared. Whether you are going to the US or he is coming to Canada, if it is known by the visa officer that your spouse (or potential spouse) lives in that country it casts a doubt that you will not be leaving the country.



Thanks!

If your fiance really intends to make Canada his permanent home, then I would suggest that he comes to Canada first before you update your application for PR. However if he intends to come and go between the 2 countries then wait till you are a PR and sponsor him later (he will not have issues coming and going, as long as he does not declare his intention to make Canada his permanent home).

http://canada.usembassy.gov/traveling_to_canada/business-canada.html

Regards,