Spouse sponsring

[Shums007]

Hello,
I am providing few details below kindly guide me.

1- April 2013, she arrived in Canada on spouse visa.
2- Aug 2018, she got separated.
3- Jan 2018, she got nationality.
4- She has been working part time job since July 2013.
5- She had part time contract job, it was off and on for 3 years. She did few full time jobs but only for 2-3months. And she quit for extensive number of months.
Since Nov 2016, she is working full time and earing cut off income per year.
I want to marry her. Can she sponsor me.

 

[scylla]

Hello,
I am providing few details below kindly guide me.

1- April 2013, she arrived in Canada on spouse visa.
2- Aug 2018, she got separated.
3- Jan 2018, she got nationality.
4- She has been working part time job since July 2013.
5- She had part time contract job, it was off and on for 3 years. She did few full time jobs but only for 2-3months. And she quit for extensive number of months.
Since Nov 2016, she is working full time and earing cut off income per year.
I want to marry her. Can she sponsor me.

She can sponsor you once you are either married or have lived together for a full year continuously to become common law. She will need to get officially divorced before she can get married to you.

 

[Lorenc80]

She can sponsor you once you are either married or have lived together for a full year continuously to become common law. She will need to get officially divorced before she can get married to you.

hi @scylla
out of curiosity here, how is one supposed to live together with his/her spouse if one is in Canada and the other party is not?

 

[scylla]

hi @scylla
out of curiosity here, how is one supposed to live together with his/her spouse if one is in Canada and the other party is not?

A few different options. Sometimes all are feasible for couples and sometimes none are.
- Applicant travels to Canada as a visitor and extends stay to remain in Canada for a year. Applicant may also be able to live in Canada through a study permit or work permit (if they have a job offer and approved LMIA).
- Sponsor travels to applicant's home country and lives there for a year.
- Applicant and sponsor live together in a full year somewhere else in the world (either in a single country or across multiple countries).

 

[vensak]

hi @scylla
out of curiosity here, how is one supposed to live together with his/her spouse if one is in Canada and the other party is not?

Out of curiosity, what is not clear about that that sentence you got there.

Can is a modal verb and after that you have 2 clear conditions of which at least one must be fulfilled. How you do it is up to you. (either to marry her after the will divorce her current spouse or live with her for 1 year together in any country in the world after she is separated for at least 1 year).

I would add one more condition that was not mentioned there. She cannot be on social assistance if she wants to sponsor her spouse. But she can have a low income or be unemployed.

 

[Lorenc80]

Out of curiosity, what is not clear about that that sentence you got there.

Can is a modal verb and after that you have 2 clear conditions of which at least one must be fulfilled. How you do it is up to you. (either to marry her after the will divorce her current spouse or live with her for 1 year together in any country in the world after she is separated for at least 1 year).

I would add one more condition that was not mentioned there. She cannot be on social assistance if she wants to sponsor her spouse. But she can have a low income or be unemployed.

as scylla mentioned in his response, the solutions are apparently evident but not always feasible. like, for instance, I got the feeling the OP has no chance of getting a visitor visa (just broad assumption here) and on the other side, the spouse leaving Canada for some other part of the world is not what the OP is looking for.
the obvious is there... get legally married, live together for a year and then comeback... but it is far from what this guy is expecting as an answer

 

[canuck_in_uk]

Hello,
I am providing few details below kindly guide me.

1- April 2013, she arrived in Canada on spouse visa.
2- Aug 2018, she got separated.
3- Jan 2018, she got nationality.
4- She has been working part time job since July 2013.
5- She had part time contract job, it was off and on for 3 years. She did few full time jobs but only for 2-3months. And she quit for extensive number of months.
Since Nov 2016, she is working full time and earing cut off income per year.
I want to marry her. Can she sponsor me.

The fact that she only separated from her spouse 3-4 months ago is a red flag for your relationship. What is your relationship history?

 

[scylla]

as scylla mentioned in his response, the solutions are apparently evident but not always feasible. like, for instance, I got the feeling the OP has no chance of getting a visitor visa (just broad assumption here) and on the other side, the spouse leaving Canada for some other part of the world is not what the OP is looking for.
the obvious is there... get legally married, live together for a year and then comeback... but it is far from what this guy is expecting as an answer

My guess is that the spouse can easily live with the OP for a year to become common law if they wish. My guess is that the Canadian spouse originally immigrated from the same country as the OP is living in now (which is how they know each other) - so that's why common law would be easy. But again, that's just an assumption I've made.

Agreed the OP may struggle to get a TRV for Canada.

 

[vensak]

My guess is that the spouse can easily live with the OP for a year to become common law if they wish. My guess is that the Canadian spouse originally immigrated from the same country as the OP is living in now (which is how they know each other) - so that's why common law would be easy. But again, that's just an assumption I've made.

Agreed the OP may struggle to get a TRV for Canada.

If ever they want to go for common law, they still have to wait. It takes (the grace period of 1 year after separation took place).
And technically they do not have to live together just in one country (they just have to live together). They can change countries during that year as long as they will stay together.

 

[Shums007]

She can sponsor you once you are either married or have lived together for a full year continuously to become common law. She will need to get officially divorced before she can get married to you.

Yes, she is willing to live with me but not in Canada. She already got divorced officially. She is also earning 25000 dollars per year. But if she move to my country wouldn't be any issue.

 

[Shums007]

S

hi @scylla
out of curiosity here, how is one supposed to live together with his/her spouse if one is in Canada and the other party is not?

She can move to my country. She can live for 1 year but once she back would she can sponsor me then.

 

[Shums007]

She isnof

Out of curiosity, what is not clear about that that sentence you got there.

Can is a modal verb and after that you have 2 clear conditions of which at least one must be fulfilled. How you do it is up to you. (either to marry her after the will divorce her current spouse or live with her for 1 year together in any country in the world after she is separated for at least 1 year).

I would add one more condition that was not mentioned there. She cannot be on social assistance if she wants to sponsor her spouse. But she can have a low income or be unemployed.

She is officially divorced few months back but separated more than a year. She is willing to stay with me in my country. But I heard she can't sponsor unless 3 years are completed after divorced and she can only sponsor after that. Is it true?

 

[Shums007]

The fact that she only separated from her spouse 3-4 months ago is a red flag for your relationship. What is your relationship history?

She is officially divorced few months back but got separated more than a year before. She came to my country after that last and got understanding with me.. Now she is back to Canada. S

 

[vensak]

She isnof

She is officially divorced few months back but separated more than a year. She is willing to stay with me in my country. But I heard she can't sponsor unless 3 years are completed after divorced and she can only sponsor after that. Is it true?

The 4 years bar is after being sponsored herself to Canada. So from your timeline that is already passed.
That one year would have been for separation without divorce. However since she is divorced there is no problem.
And finally those 3 years would have been if she had sponsored somebody to Canada and then wanted to sponsor again. Which is according to what you have stated not your case.

 

[Shums007]

What do you reckon? She just come to my country, marry me and live with me then start processing our immigration. Or she marry or go back to Canada then sponsor me?