US Citizen w/ Study Permit - Marrying Canadian Citizen - PR in Canada

[sun12345]

Hello everyone! First time on the forums and couldn't find if this question had already been answered so here it is:

I'm a US citizen that came to Canada 2 weeks ago on a study permit to study at a university in Ontario. My fiance lives in Canada and is a citizen. We don't plan to get married for another year or two but if necessary we may get married in a month or so to move things along a lot quicker regarding my status.

I am studying under a study permit that is valid until January (I will renew it in January to last until April). I wanted to gain permanent residency in Canada but I wasn't sure on what the fastest way would be to do so. Would I need to get married in order to move it along quicker? Also I am staying with my fiance at the time at her house while studying.

If there is any additional information that is required of me please let me know and I will post ASAP! Thank you very much for your help.

 

[scylla]

She can't sponsor you for PR until you are either married or common law. Common law means you have lived together for a minimum of one full year.

 

[sun12345]

Yes but we are getting married soon so I was wondering ONCE we do get married what would the procedure be? Does me studying in Canada benefit me applying for PR at all? Does it speed up the application? Also which application would be the fastest way to get PR?

 

[sun12345]

Trying to get an answer so bumping this thread.. Please help out if possible.

 

[scylla]

Yes but we are getting married soon so I was wondering ONCE we do get married what would the procedure be? Does me studying in Canada benefit me applying for PR at all? Does it speed up the application? Also which application would be the fastest way to get PR?

She should sponsor your for PR using the outland route.

No - you studying in Canada gives you no benefit. No - it won't speed up the processing of the application.

The fastest way is for you to be sponsored using the outland process once you are married.

 

[sun12345]

Thank you for the reply.

If I reside in Canada for longer than 6 months is there a form of permanent residency I can apply for that cuts down the application time? I'm looking to get permanent residency in 9-12 months and I believe the application process will take up to 18.. Any suggestions or is the out-land marriage application the best way to go?

 

[sun12345]

Also I am currently serving 6 months probation for a misdemeanor under the HYTA program. I did run into some problems because of my probation while applying for my study permit a month ago. However the officer issued me the study permit due to the fact it was my first offense and it'd be cleared from my record after the 6 months. My probation is due to end in January of 2015. Can I still apply for out-land permanent residency or will I run into problems?

 

[scylla]

If I reside in Canada for longer than 6 months is there a form of permanent residency I can apply for that cuts down the application time?

No - there is not such form of permanent residency.

I'm looking to get permanent residency in 9-12 months and I believe the application process will take up to 18.. Any suggestions or is the out-land marriage application the best way to go?

This doesn't mean it takes everyone 18 months to get through the process. We've seen some people get through in 4 recently.

 

[scylla]

Also I am currently serving 6 months probation for a misdemeanor under the HYTA program. I did run into some problems because of my probation while applying for my study permit a month ago. However the officer issued me the study permit due to the fact it was my first offense and it'd be cleared from my record after the 6 months. My probation is due to end in January of 2015. Can I still apply for out-land permanent residency or will I run into problems?

The short answer is that it depends what your misdemeanor equates to in Canadian law. You should make sure your situation doesn't make you inadmissible to Canada. If you're inadmissible, you would have to wait at least 5 years from the time you finish your probation before you can apply for PR. I suspect you are not inadmissible otherwise you would not have been granted the study permit. But it would be wise to investigate now before you apply for PR.

 

[MapleLeafBride]

Also I am currently serving 6 months probation for a misdemeanor under the HYTA program. I did run into some problems because of my probation while applying for my study permit a month ago. However the officer issued me the study permit due to the fact it was my first offense and it'd be cleared from my record after the 6 months. My probation is due to end in January of 2015. Can I still apply for out-land permanent residency or will I run into problems?

I am not familiar with what the HYTA program is, however, if the offence is something that would appear on your FBI check, they will look further into it. My American husband had a misdemeanor charge from 10 years ago when we applied. We had to provide a court judgement document from the state it was committed in showing his disposition record. I believe that held up our application a bit. However, it was all still processed in about 8 months. So if you do have something on your FBI check, you should be ready to show something similar (maybe include it in your package). However, if you are still on probation, I am not sure if they will process it until you have finished your sentence.