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Jun 11, 2012
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Hello,

I came here because the Immigration phone line has been giving me a busy signal for an entire week :o

So I`m wanting to sponsor my fiance into Canada. He's already got a closed work permit/LMO and is working inside canada. We're considering getting married sooner than planned because in his current job he's dealing with issues of harassment that the management will not address. The reason I'm posting is this, I'm aware that there are issues with marriages of convenience and due to this fact, I'm curious if getting married sooner will impact our sponsorship negatively.

Secondly, if we do get married, would my fiance be eligible to apply for an open work permit as my husband?

If the answers for this are not in our favor what is the best way of going about migrating his work permit to either open or transferring it to another company. I know not all this follows under "sponsorship". Any help would be greatly appreciated.

Thank you in advance.
 
Getting married sooner should not impact your sponsorship negatively. A MOC is when the main goal of the marriage is to obtain permanent residency and there isn't a real relationship between the spouses. From what you posted, you're already engaged and planning to get married anyway, and you'd be pushing it up so that you can stay together--the main reason you're getting married isn't to fool immigration.

Secondly, your fiance would not automatically get an open work permit by becoming your husband. You can apply inland or outland. If you apply inland, he can apply for an open work permit at the same time, and that would be approved when you get sponsorship approval. Sponsorship approval is currently taking about 11 months for inland applications, and 8 months for step 2. For inland sponsorship, if he leaves Canada and is denied re-entry for any reason, the application is considered abandoned, so be aware of this if you choose this method.

If you apply outland, he doesn't apply for a work permit at the same time, but processing is often faster. Step 1 for outland currently takes about 3 months, and the processing times for step 2 vary by country. You can see the Step 2 processing times by country here: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

You can apply outland and still have him remain in Canada, as long as he has some type of valid visa while he's there.