I am 23 and Canadian. My boyfriend is 55, Colombian and living in Spain. He will become a Spanish citizen in about a year. I am currently living with him in Spain -for the past 5 months we've lived together- we have been together for almost 4 years. I am going back to Canada and he has to stay in Spain. I want to sponsor him but I don't know how to even start. Should we get married here in Spain before I leave to Canada? or should we get married after he gets his citizenship and is able to visit me in Canada? I ask because I want him to stay living with me in Canada after he can go visit with his Spanish passport. I don't know how to proceed. I don't care if he can't work when he goes there even though it would he nice, I just want to figure out how he can move and he by my side in Canada. Help please! Being apart for so long is breaking our heart and I just want to do everything right and as fast as possible.
Sponsoring Husband. HELP PLEASE!
- Thread starter SofiaBell
- Start date
You have a few choices here, and when/where/how you get married changes your approach.
In general, you can apply "inland" (with both of you in Canada) or "outland" (with him out of Canada and you in Canada, or out of Canada).
Applying inland allows you both to be together during the ~12 months that the application is in process, but he must stay in a valid status in some way or another while he is here - that means he must enter on a valid visa and extend that visa while the application is made. The catch with marrying in Spain is that he would need to declare you as a spouse on his visa application (if he holds his Colombian passport still, he'll need a Temporary Resident Visa) and that would likely mean that the visa office would have concerns over his intentions to leave the country at the expiry of the visa.
So if you decide to apply inland, don't get married first. Get married when he's here on a TRV, then apply inland. But then stay in status through extension of the visa. Most people do that by applying for an Open Work Permit (OWP) with their spousal application.
If you apply outland, with him outside of Canada, then he generally does not get to be in Canada for the 12 month (approximate) processing period. You would get married in Spain, you come to Canada, and then apply. There isn't anything that explicitly says he can't get a tourist visa to come to Canada - many people do - but you have to prove ability and intent to leave once the visa expires. And then hope you don't get denied at the border.
One thing I may highlight though is that the significant age difference between the two of you is likely to raise some flags with Immigration Canada - other spousal permits have been denied due to concerns over genuine relationship for smaller than 32 years of age difference. I don't doubt you have a genuine relationship, but you're going to need to start thinking about how you will prove it to the visa offices.
In general, you can apply "inland" (with both of you in Canada) or "outland" (with him out of Canada and you in Canada, or out of Canada).
Applying inland allows you both to be together during the ~12 months that the application is in process, but he must stay in a valid status in some way or another while he is here - that means he must enter on a valid visa and extend that visa while the application is made. The catch with marrying in Spain is that he would need to declare you as a spouse on his visa application (if he holds his Colombian passport still, he'll need a Temporary Resident Visa) and that would likely mean that the visa office would have concerns over his intentions to leave the country at the expiry of the visa.
So if you decide to apply inland, don't get married first. Get married when he's here on a TRV, then apply inland. But then stay in status through extension of the visa. Most people do that by applying for an Open Work Permit (OWP) with their spousal application.
If you apply outland, with him outside of Canada, then he generally does not get to be in Canada for the 12 month (approximate) processing period. You would get married in Spain, you come to Canada, and then apply. There isn't anything that explicitly says he can't get a tourist visa to come to Canada - many people do - but you have to prove ability and intent to leave once the visa expires. And then hope you don't get denied at the border.
One thing I may highlight though is that the significant age difference between the two of you is likely to raise some flags with Immigration Canada - other spousal permits have been denied due to concerns over genuine relationship for smaller than 32 years of age difference. I don't doubt you have a genuine relationship, but you're going to need to start thinking about how you will prove it to the visa offices.
First of all thank you for the reply. So since he will go to Canada as a Spaniard citizen, I believe he can stay there six months as a tourist. After that what options would we have besides the work permit? or could he stay there no problem?
Also we have photos, flight tickets, hotel reservations, prove we live together in spain, letter, and will start saving our conversations which we didn't do before. Do you think that would be enough? Any other ideas? Once again thank you so much for your time and help!
Also we have photos, flight tickets, hotel reservations, prove we live together in spain, letter, and will start saving our conversations which we didn't do before. Do you think that would be enough? Any other ideas? Once again thank you so much for your time and help!
The determination of how long someone can enter and stay in Canada is up to the border officer. If they feel that he is likely to overstay, then they will deny him entry. Or they may only grant him entry for 3 weeks, etc.
Keep those proof items and continue to develop others. Remember, if what you're choosing is that you will get married after he arrives here, you'll need to provide evidence of the relationship. If you're planning on applying as common-law (proof of living together you mentioned) then you'll be needing to live together in a marriage-like relationship for 12 months. If he's not going to get Spanish citizenship for a year, and you're going back to Canada before then, you will no longer be cohabitating, and thus the common-law clock starts again once he's with you.
Keeping evidence of conversations, etc., isn't necessarily needed if you are applying as married.
As for staying after his tourist visa - it depends on your path through spousal sponsorship, as I wrote above. Take a look again as you appear to have decided on the in-Canada class. You can apply for an OWP, you can apply for an extension of status, all in the hopes that status will remain valid through to the end of the application process.
Keep those proof items and continue to develop others. Remember, if what you're choosing is that you will get married after he arrives here, you'll need to provide evidence of the relationship. If you're planning on applying as common-law (proof of living together you mentioned) then you'll be needing to live together in a marriage-like relationship for 12 months. If he's not going to get Spanish citizenship for a year, and you're going back to Canada before then, you will no longer be cohabitating, and thus the common-law clock starts again once he's with you.
Keeping evidence of conversations, etc., isn't necessarily needed if you are applying as married.
As for staying after his tourist visa - it depends on your path through spousal sponsorship, as I wrote above. Take a look again as you appear to have decided on the in-Canada class. You can apply for an OWP, you can apply for an extension of status, all in the hopes that status will remain valid through to the end of the application process.
Hello Monkey,
So If the sponsor is in Canada and the PA is outside, is it called Inland or out-land?
As I've said before, the challenge in a situation like this is admissibility into Canada. If the border officer feels there is a risk he will overstay a temporary resident visa, they will deny him entry. And being married to someone in Canada is a risk indicator for over staying.
There's nothing that prevents you from marrying him now but it may or will cause complications for him to actually get in Canada.
If he's not getting Spanish citizenship for a year, and the outland processing takes a year, why not apply outland?
Sorry monkey but just a quick question. Does new PA need to give biometrics for sponsorship? My lawyer is saying she has to? The PA has already applied for a visa abroad and it was rejected. They already got her biometrics. If yes, is it needed on first stage?
We don't
We don't have many friends in common which I believe would be a red flag, I know his family but they live in Colombia, and my family doesn't agree with our relationship and barely talk to me. When I get back to Canada I won't have that much money and I need to be financially stable before I can start the application. So we've thinking of staying long distance until he can go to Canada as a tourist and getting married in Canada and applying inland. Does that sound like something doable? Thank you!!
All of these red flags plus the significant age difference will still be red flags a year from now and an inland process. Be prepared for it one way or another. Especially since you will be financially responsible for him and he won't be able to work until and unless he gets an OWP.