Permenant resident sponsoring spouse

[Sero89]

Hi,
I am planning to marry my boy friend in the coming December 2013. He is a permenant resident in Canada and lives with his family and will graduate in December 2014. As I am based in Pakistan it will take 2.5 years for me to get the spouse permenant residency for Canada. So in order to be able to live together we decided that we will have our Nikkah (religious wedding) in the coming December after which he will file my papers for sponsorship and then next December once he graduates he will work in US for 1.5 years till I get my residency for Canada, as I have a 5 year visit visa for US. My question is if this is fine to do and how he can comply with the residency obligations while living in US with my application for canadian residency being safely processed.

 

[Leon]

The problem with your plan is that as a PR, your boyfriend must be residing in Canada in order to sponsor you. If immigration finds out that he is not living in Canada, they will cancel the application.

 

[Sero89]

Would that still be the case if he files my papers this December and he gets a job in US next December? If yes then is there any other alternative so that we can start living together?

 

[Leon]

If the sponsorship really takes two years which it could, and he spends the first year of that in Canada and then moves to the US, if immigration finds out that he has moved to the US, they will cancel your application and your time waited will be for nothing. You would then have to apply again from scratch.

 

[Sero89]

So is there any other option that I can start living with him after we get married?

 

[Leon]

You could apply for a multiple entry or even a single entry TRV to Canada. Getting a TRV being married to a PR might not be easy though. If you are granted it and make it to Canada, it would be better for him to apply to sponsor you inland in Canada. It is faster. You could have a work permit after 6 to 9 months and PR after 14-15 months. However, a requirement of inland is that you stay in Canada so whatever happens, you should not leave until you have your PR.

 

[Sero89]

I actually did apply for TRV but it got rejected. It's quite sad as there is no way I can even go to Canada to meet him now. I spoke to a lawyer and he told me that for a person my age (24) it's very hard to get a TRV. I guess all I can do is get married to him and wait for 2.5 years then. The canadian immigration policies have affected thousands like me and my boyfriend very negatively in terms of emotional stress. And I understand that it's because of issues such as marriage fraud but I strongly believe that there should be some way that couples should be able to be together or quicker process for people dping it for legitimate reasons marriage being on top. Even countries like UK are easy in terms of giving out spouse visas.
Thank you for your help, really appreciate it.

 

[Leon]

Yes, they could for example issue open work permits for spouses while they are waiting for their PR.

 

[Rossei]

Sero89,
It will be even harder to get a TRV when you husband applies for spousal sponsorship.

In my experience,
I got married in Jan, 2010 while I was an Int'l Student, doing my last term. I already had a full-time job offer after graduation. Based on that, my wife applied for TRV and got rejected. At that time, she passed her MBBS and doing her internship.

From mid-2010, I started working on PGWP, shortly after applied for PR together and then she applied again for a TRV (almost after a year from her first application). She was denied again. She was a young doctor and working full-time.

We got PR in Sep, 2011 and finally that made her come to Canada. It has been almost 1.5 years that we stayed separate although I flew back home whenever I had time.

You can draw a conclusion from my story.