Sponsorship of UK citizen by Canadian partner

[soozy777]

Hi, I met my partner on holiday in Vancouver 3 years ago, The holiday was a break for my son and myself after the death of my husband twelve months previous.
Our relationship began on that holiday and has grown via e-mails, phone calls, texts and frequent visits between the UK and Canada by both myself and my partner. I have recently returned from a 6 month stay with my partner, we are both very much in love and committed to each other and want more than anything to be together, saying goodbye becomes more and more strenuous each time and neither of us are getting any younger I am in my mid 50's he early 60's.
We have read so much about Sponsorship of Common Law Partner, but there seems to be stumbling blocks around each corner, the first one is how can I as a UK citizen with a 6 month Visa, stay in Canada for a twelve month period, so as to be able to apply for Sponsorship?
Do I go there for 6 month and then apply for an extension of stay, or is there a way I can apply for a 12 month extended Visa from the UK?.... to say the least it's all very confusing and very much like ''the chicken and egg" scenario...
We both want to do this right and not make mistakes that will cost us time, or even worse not allow me back into Canada...
Can anyone please help or advice us as to how start things off with the right procedures? It is so confusing??
Thanks Soozy

 

[ariell]

I'm not sure about the possibility of getting an extended visa. Others here can advise you on that.

There are other options besides common-law. You can apply as conjugal partners -- similar to common-law but without the 12 month cohabitation requirement. This category is generally for couples that would apply as common-law but who are unable to live together for 12 months continuously because of immigration barriers or other factors. You will need to prove that you have 'substantially' combined your affairs. See page 19 and 20 of the processing manual to see what factors the immigration officer will be looking at. http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf You should be aware that applicants in the conjugal category will be more closely scrutinized than other types of applications so you will need to provide lots of evidence to prove the genuineness of your relationship. Sounds like you should have alot based on what you've mentioned here.

Is getting married an option? Then you can apply in the spousal category.

 

[Leon]

I would advise against conjugal partners. It's extremely hard to get it approved. Basically, immigration will ask you, if you are so committed to each other, why don't you get married? So best to get married, then file for sponsorship.

 

[soozy777]

Thanks for replying so soon and your comments, yes I read about the conjugal partner and it does seem more complex (ie for those who can't see each other due to imprisonment etc)..

We have talked about getting married, but don't want to feel 'pressured into it' by outside influences...and I've read that it's as difficult to be sponsored as a wife as a common law partner.

Also, does the same apply if we were to get married, how can I stay in Canada for a 12 month period (which is how long we have to live together) on a 6 month Visa....so that we can apply for sponsorship?...any further help would be great thanks.

 

[PMM]

Hi

Thanks for replying so soon and your comments, yes I read about the conjugal partner and it does seem more complex (ie for those who can't see each other due to imprisonment etc)..

We have talked about getting married, but don't want to feel 'pressured into it' by outside influences...and I've read that it's as difficult to be sponsored as a wife as a common law partner.

Also, does the same apply if we were to get married, how can I stay in Canada for a 12 month period (which is how long we have to live together) on a 6 month Visa....so that we can apply for sponsorship?...any further help would be great thanks.

If you are admitted for 6 months, then you apply for an extension to Vegrevile.

PMM

 

[Leon]

Thanks for replying so soon and your comments, yes I read about the conjugal partner and it does seem more complex (ie for those who can't see each other due to imprisonment etc)..

We have talked about getting married, but don't want to feel 'pressured into it' by outside influences...and I've read that it's as difficult to be sponsored as a wife as a common law partner.

Also, does the same apply if we were to get married, how can I stay in Canada for a 12 month period (which is how long we have to live together) on a 6 month Visa....so that we can apply for sponsorship?...any further help would be great thanks.

It's not "as difficult" to be sponsored as a wife or as a common law partner. If you apply as a conjugal, you have the added proof that immigration barriers or other compelling reasons are preventing you from getting married or living together. If you apply as a common law, you have to show that you lived together for 12 months (and like PMM says, you can do this by staying for 6 months and then applying for a visit visa extension) and if you are married, you have to show that you are married which should be easy. In all of the cases above, you need to prove that your relationship is real and not just a deal to get PR.

If you are to get married, you do not need to stay in Canada for a 12 month period to apply for sponsorship, you can apply right away. The 12 month period of living together is only required to qualify to apply as a common law.

 

[soozy777]

Thanks again for your replies they've really helped.
It seems as though marriage may be most realistic option, as we don't want to be apart any longer than we have to, it's more heartbreaking each time we part.
My first grandchild is due to be born in October and all being well I'll be flying straight back to my partner in Canada, if we decide to get married would it make any difference whether we married in Canada or UK?

 

[Leon]

No, does not matter where you get married.

 

[soozy777]

Hi again,
Thanks again for putting my mind at rest with regard to my earlier questions... I really appreciate your advice.
I've been reading the threads about ''inland/outland'' visa applications and which is the best way to go, I suppose it depends on each individual.
I would prefer to stay in Canada and apply from within, so I can be with my partner, but if I understand correctly it takes longer
to process there, in which case would I have to keep applying for an extension?
And am I right in thinking that if I apply from the within the UK I would still be able to remain in Canada? and if so could I keep applying for an extension there whilst my application goes through?
The outland option does sound the better one for me, especially if I have to return home for any emergencies, but if this happened would I still be allowed back into Canada say within a couple of weeks or so? I'm just trying to cover all scenarios here...
Also, on my last 6 month visit to Canada, at the border I had proof of a return flight home. When I go out again in November, do I still have to show a return ticket as I want to apply for an extension and I can't really afford to buy a ticket I may not use...?
Hope you can help again...the more I look into this the more questions keep arising...





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[Leon]

You can apply outland even though you stay in Canada. If you need to travel it's a better option because with inland, if you leave and for any reason as not allowed back in, the application is gone and you have wasted your time that you spend waiting for it to get processed.

I can not answer your question about a return ticket. You know how it will look to a visa officer if you arrive saying, hi, here I am to visit but I did not buy a return ticket. It's a risk you take. Can you front the money to buy a ticket which is refundable if you don't use it?

 

[soozy777]

Thanks Leon,
Yes I understand about the ticket, they were keen at passport control on my last visit, wanting to know about my imminent return to the UK....job, house, family, ticket, finances etc.,
I will look into the various airlines to see if any do a refund or something similiar, but I will resign myself to the fact that if this is not possible, it is worth losing that money for the sake of being with my partner.
I just can't understand why things have to done in an underhand way, by which I mean telling passport control I'm visiting as a tourist, knowing that my real reasons are to stay longer if possible and apply for sponsorship.
Anyway mine is not to reason why!
Once again thanks for your advice about outland application it is more than helpful...and I'm sure somewhere down the line I'll come across even more questions....

 

[Leon]

There is no fiance visa in Canada anymore. I think there used to be some years ago so like you said, you have to be a bit underhanded and say you are going to visit when you are really planning to stay because if you said you are planning to stay, they could not let you in on a temporary visa. Just the way it is.

Or you could look at it like you really are visiting until you have your PR because until then, you can not work so you are kind of like a visitor.

 

[bfraken]

Hi soozy777

If you're looking for flights to Canada that are reasonable go to canadianaffair.com. Problem with them is that yes their flights are cheap but there are no re bookings or refunds. You can always book a flight with Air Canada and rebook at a later time but you'll be faced with a hefty re booking fee. Or book a return flight 6 months, less a day, after you land because you're legally allowed to stay in the country for six months

 

[soozy777]

Hello again,

Thanks for the replies so far I really appreciate the help, I have some more questions I would like the answers to if possible

When I return to Canada in Oct/Nov do I need to live with my partner for a continuous 12 months before he can apply to sponsor me as Common law partner? or can he apply sooner (I lived with him for a 6 month period up to May this year but needed to return to the UK).
The reason I'm asking is if he has to wait for the full 12 months before he can apply to sponsor me, I need to extend my visitors stay after 6 months, what valid reason do I give to extend my stay, can I tell them it's because my partner wants to sponsor me?

So far we are gathering as much evidence of our relationship as we possibly can for instance photos, e-mails, copies of flight details, joint bank accounts, joint purchases and witness letters from family and friends etc.
Something which is worrying me is that during the past 3 years my partner has called me almost every day using a phone card and I've read on th this site that we won't be able to obtain a record of the calls, is this true? Is there anything we can do to prove his calls to me?

With regard to dependants, my youngest son will be 22 yrs old in October and in his 3rd year at University in the UK will my partner be required to name him as a dependant on his sponsorship application?

Any help is very much appreciated
thanks