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frostyhawk

Newbie
Dec 26, 2013
2
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Below is the message I sent to the canadian government's site; as a born and raised canadian (from montreal) this has me at a loss for words, how hard it is to get the one I love up here, anywho; I'll just paste this and we can go from there hopefully.

This is a long question and to me incredibly annoying so please bare with me and please give me a simple answer not some bureaucratic "we don't do this" response cause quebec just did this to me on their end and frankly I'm angry.

I've been with my girlfriend for 2 years, She lives in the United states In atlanta; I was born and raised in montreal.
She does not know french, but I do, fluently.
She just finished high school last year and has no work experience
I am not a high school graduate however I'm working and finishing it on my side.
She is 18, I am 22.
She wants to come here to montreal in June or July or whatever and live with me to go to college at some point down the line after settling here.

Sound simple enough?

We both now know of quebec's awesome discriminatory laws on becoming a permanent resident, BUT;

Considering I get married to her, and I was planning to anyway. Would I be able to have her apply directly to the canadian government for permanent residency?

Would she become a permanent resident?

Would she at least be able to stay in canada and not be shipped back to the usa as a casualty of a incompetent system?

these are all questions that are getting me enraged, see; at least in the USA, it may be terrible over there economically, but at least I'd be able to see my freaking wife.

So please, explain to me like a regular joe, how the heck am I supposed to proceed with this?

How am I supposed to have her come live with me, In steps, not freaking forms or numbers, take your time, push this around if you have to but I want ALL the information I need.
 
From CIC (general): http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

You can sponsor a spouse, common-law or conjugal partner (partner), or dependent children if you are a Canadian citizen or a permanent resident of Canada. To be a sponsor, you must be 18 or older.

When you sponsor one of these relatives to become permanent residents of Canada, you must support them financially. This means you have to meet certain income guidelines.

If you have sponsored relatives to come to Canada in the past, and they have later asked the government for financial help, you may not be allowed to sponsor another person. Sponsorship is a big commitment, so you must take it seriously.

To be a sponsor you must:

agree in writing to give financial support to your relative, if they need it
- for a spouse or partner, this lasts for three years from the date they become a permanent resident, and
- for a dependent child, this lasts for 10 years, or until the child turns 25, whichever comes first.
- Your relative must also agree to try to support themselves.

You may not be eligible to be a sponsor if you:

- did not meet the terms of a sponsorship agreement in the past,
- did not pay alimony or child support even though a court ordered it,
- get government financial help for reasons other than being disabled,
- were convicted of an offence of a sexual nature, a violent crime, an offence against a relative that resulted in bodily harm or an attempt or
threat to commit any such offences, depending on the detailss of the case, such as the type of offence, how long ago it occurred and
whether a record suspension was issued (see Sponsorship bar for violent crime below),

- were sponsored as a spouse, common-law or conjugal partner in the past and became a permanent resident of Canada less than five years ago (see Five-year sponsorship bar below)
- did not pay back an immigration loan, made late payments or missed payments, are in prison or, have declared bankruptcy and have not been
released from it yet.

Other things not on this list may stop you from being able to sponsor a relative.

If you live in Quebec, Citizenship and Immigration Canada must approve you as a sponsor first. Then you must also meet Quebec’s conditions to be a sponsor.


And from Quebec:

You must satisfy all of the following requirements, in addition to any specific requirements that apply.

You must have fulfilled all previous commitments. If the Ministère de l’Emploi et de la Solidarité sociale (MESS) determines that you have defaulted, you must have repaid all of the amounts paid as financial assistance of last resort (social assistance) or special allowances to the person you sponsored.

You must not receive financial assistance of last resort (social assistance) except allowances related to your age or a disability that poses obstacles to employment that are serious, permanent or of indefinite duration.

Over the past five years, you must have complied with obligations arising from a judgment ordering you to pay alimony. If not, you must have repaid all outstanding amounts.

You must not have been convicted, in Canada or abroad, of a sexual offence, attempt or threat to commit such an offence against anyone or an offence resulting in personal injuries, or an attempt or threat to commit such an offence against a family member or relative, your spouse, common-law spouse or conjugal partner or a member of their family or relative unless you were acquitted or rehabilitated or finished serving your sentence at least five years before submitting your application.

If you sponsor your father, mother, grandfather, grandmother, a dependent child who has a child or a close relative who is a minor and an orphan, you must prove that you have at your disposal sufficient financial resources for the duration of the undertaking (see financial standards).

You must not be subject to a removal order or detained in a penitentiary or prison.

You may not sponsor a spouse, common-law partner or conjugal partner who is under 16 years of age.

You must ensure that the sponsored person, if he or she is of legal age, signs the declaration attesting that he or she fully understands the nature and scope of the undertaking.
 
You already seem very pi$$ed off at the (incompetent) system and you haven't even started yet. With your attitude, I think you are going to have a problem.

Keep in mind that you are at the mercy of this (incompetent) system. You have two options. Either you do your homework and get smart, yes, that means a lot of form numbers and stuff to get familiar with or if you can't be bothered, hire an immigration consultant or a lawyer to do it for you.

Some answers:

Your girlfriend is not entitled to "move" to Canada without the proper visa. She can visit for up to 6 months at a time but not move. If she arrives at the border with all her stuff in a U-Haul and says she is moving, she can expect being turned back at the border. If she arrives at the border with one suitcase and says she is coming to visit her boyfriend for 3 weeks, they will most likely let her enter with a 6 month stamp.

After you marry your girlfriend, you must apply to sponsor her for PR. This process will take some months. You can choose between inland and outland sponsorship. Inland means she must stay in Canada during the processing time. If she leaves and somehow can't return, she would lose her application. Outland means she can be in Canada visiting you or she could pop over to the US. If she wants to stay longer than 6 months, she can apply to extend.

For US citizens, outland is usually the better option, faster too. If your application is successful, she would get PR. During the application process, she would not have any more right to work or study than any other visitor, that is unless you apply inland, she could get an open work permit after 10-11 months but if you apply outland, she would probably have PR by then anyway so outland is the better option.

Your first step would be to decide where and when to get married. If you prefer to get married in the US, then you go to visit her. Otherwise, she goes to visit you. It would be best not to mention marriage at the border.

After getting married, you both have to fill out a bunch of forms. Start here: http://www.cic.gc.ca/english/information/applications/fc.asp

If she would like to go to college right away, that is before she gets her PR, she would need to apply for a study permit. She would have to prove that she can support herself and pay her tuition. Keep in mind that the tuition of an international student is usually much higher than for a Canadian or PR. You can read about study permits here: http://www.cic.gc.ca/english/study/study.asp The first step for a study permit would be to find a college, apply and get accepted and then she can apply for a study permit.
 
Agreed with Leon. You either need to be prepared to cool down and do a lot of research on your own - or be ready to shell out some big dollars for the services of a lawyer or consultant who will do the work for you. Many of us here have done it on our own and it's totally doable and really not that difficult provided you're ready to read through the forms in detail and follow instructions. There's also a great deal of valuable information on this forum in the "Family Sponsorship" section.

Leon and on-hold have given you great advice about the process.

I wanted to highlight that your girlfriend needs to be careful when crossing the border as a visitor. As Leon explained, if she arrives looking like she wants to move here, she could run into problems entering at the border. (And FYI - this isn't a Canadian thing. A Canadian could very easily run into the same issues entering the US. Both countries allow the residents of the other country to visit. But if you want to "live" - this is a different story.)

You have lots of options as a Canadian / US couple (my husband, who I sponsored, is American as well). Also, your processing time will be relatively fast. So you should count yourselves extremely lucky. There are people on this forum who face processing times of years (3+) and situations where the non-Canadian partner isn't even allowed to visit Canada. You have it very easy in comparison.
 
Omg... did you get a reply to your email? lol

frostyhawk said:
Below is the message I sent to the canadian government's site; as a born and raised canadian (from montreal) this has me at a loss for words, how hard it is to get the one I love up here, anywho; I'll just paste this and we can go from there hopefully.
 
SenoritaBella said:
Omg... did you get a reply to your email? lol

I sent it like 20 minutes before I made that post, I don't really expect a response though obviously, I was incredibly angry at quebec's immigration policy of "french only, french french french" while they invade the plateau with french RTT scratchers.

ANYWHO I'll answer more in depth soon as I have many questions, to be fair, it's especially that both sides are incredibly confusing, not everyone has the ability to disregard parts of either side
 
frostyhawk said:
I was incredibly angry at quebec's immigration policy of "french only, french french french" while they invade the plateau with french RTT scratchers.
Frankly I would be surprised if you ever get a response. You sound immature, irrational and probably a danger with an anger problem. I would not reply if I were working CIC and sat down at my desk one Monday morning to be assaulting with that email.

If you don't like Quebec - move?