Spouse Visa Query - please help!

[Tem32]

Hi everyone,

Really hoping that someone may be in a position to give me some advice on my situation. Finding it all a bit overwhelming to be honest and the powers that be don't seem to want to give me a straight answer!!

The "short story" ( ;D) is that my partner and I are planning to marry in Ireland June 2016 :-* and are trying to get all our paperwork in line at the moment. We will have been together for 3 years at that time. I have dual Irish/British citizenship and my partner is a Canadian citizen in his 4th year of Medical School here in Ireland. We are planning to move back to Canada once he has graduated so that he can start his residency program July 2016.

We had assumed that once we were legally married we would be able to apply for a Spouse Visa but due to religious reasons we have chosen not to live together until we’re married and have been advised that our application won’t be reviewed until we’ve lived together 12 months! :'(

Does anyone know what our best option for getting me to Canada is? We want to do things above board etc but have heard horror stories about it taking forever to go through

Our basic plan at the moment is as follows:

1. Both of us to travel to Canada June 2016 (him as a citizen and me on a 6 month holiday visa) bringing evidence of my ties to Ireland i.e. house ownership, bank accounts etc, and of our relationship.
2. Both of us to return to Ireland 6 months later to visit family, hoping that it would be easier for me to get back into Canada if my husband was with me.
3. As soon as the 12 months is up to start the spouse visa application outland, which would then mean I could come and go as I pleased until such time as PR was granted.

I know that I won't be able to work whilst on the holiday visa and we're ok with that, but we just don't know whether our "plan" is a legitimate one, or if there's a better way to do it! I still find it hard to believe that you have to wait 12 months after being married (if you haven't cohabited beforehand) before you can apply for the spouse visa so if someone can advise to the contrary you would make my day! ;D

For what it's worth, we do have a joint bank account and joint car insurance etc, we just don't live at the same address.

Thanks in advance ;D

 

[scylla]

Not sure why you believe you have to live together for 12 months before you can apply. This rule only applies to non-married / common law couples. You'll be able to submit the application as soon as you are legally married (regardless of whether you have lived together or not).

 

[Tem32]

Oh wow scylla that's so great to hear!!!! ;D I was told that by two separate "experts" on the situation. Ones who were looking for big bucks to process our application I might add! So our best bet would probably be if I went with him on a holiday visa and then applied outland straight away? If that was the case I could start getting all the paperwork in order now you see.

 

[Aquakitty]

Oh wow scylla that's so great to hear!!!! ;D I was told that by two separate "experts" on the situation. Ones who were looking for big bucks to process our application I might add! So our best bet would probably be if I went with him on a holiday visa and then applied outland straight away? If that was the case I could start getting all the paperwork in order now you see.

You're combining two different spousal streams. You can either cohabitate for 12 months (known as "common-law marriage by law) or you can be actually married.

As for the visa, you have citizenship in two visa-exempt countries. You don't need a visa to come visit Canada, just an ETA.

If you're 30 or under, you might be able to get a working-holiday work visa from one of your countries. Look into it (not sure if there is a waiting list or if it's too late, but worth a try).

Otherwise I suggest applying for PR as soon as you get married (outland) then you can "visit" Canada for 6 months. At the 5 month mark, apply online to extend your visitor status. Though you don't need a visa, you still have to renew your status as a visitor 30 days before it expires as a general rule.

 

[Tem32]

Thanks Aquakitty! That is what we thought originally and were planning on getting married legally early 2016 but then these 2 companies I spoke to threw a spanner in the works and really confused matters.

Has the ETA been implemented as yet do you know? When I was in Canada over the summer it wasn't in place but I travelled via the US for which I required the ESTA. I'm assuming this is just Canada's version of the ESTA and pretty straight forward to apply for?

Oh how I wish I was under 30 ;D Now having said that I believe that the working holiday visas can be applied up to the age of 35 for Irish citizens so that's definitely something we will apply for once they're released in 2016. However it's very much a lottery process as to whether you get one or not and we don't want to be relying on it just in case it doesn't pan out.

Thanks so much for your help