Which is better - Marriage or Common-Law sponsorship?

[doublehunter]

Hi everyone,

I would like to seek advise regarding our situation. I am a dual citizen (Canadian/Filipino) and my partner is a Filipino citizen and we currently both reside in the Philippines. I am planning to go back to Canada to work there on January 2019. We've been in a relationship for 15 years, living together for 3 years but not yet married and have a 2 year old child. My question is which sponsorship class is easier and faster? If we marry now and it can take for a month or two for our Marriage Certificate to be available which by then I am already in Canada, will i still be able to apply for a Marriage sponsorship even though i dont have the marriage certificate available? I reviewed the requirements for common-law and it seems that we qualify for it.

Also, can I do outland sponsorship for her while we are still together in PH? To sum it up, I want the fastest way to sponsor my partner so we can be in Canada the soonest. If I missed some details please let me know thanks experts!

EDIT: I have also read that I can submit a sponsorship while we are still here in Canada provided that I will go back to Canada as soon as her PR is approved. Is it advisable to go this route or I need to fly back to Canada first before submitting sponsorship?

 

[monkeys89]

Marriage and common-law take the same amount of time to process in many cases.

 

[doublehunter]

Will I be able to sponsor her outside Canada without any trouble compared to if i apply for her while im in canada?

 

[monkeys89]

As a citizen, there is no difference in application between common-law or marriage sponsorships. If you apply outland, you will need to demonstrate proof of intent to move back to Canada.

 

[doublehunter]

thanks monkeys, my concern was just if we marry the marriage will be so new that we may get questioned more, and also getting certified copies of marriage certificate takes time to be released. having a family member telling me that they can accommodate us when we move to canada counts as proof of intent right?

 

[monkeys89]

thanks monkeys, my concern was just if we marry the marriage will be so new that we may get questioned more, and also getting certified copies of marriage certificate takes time to be released. having a family member telling me that they can accommodate us when we move to canada counts as proof of intent right?

Common-law requires lots of proof. A fast marriage may mean questions.

Proof of intent can mean more than a relative saying you can have a room, it may mean proof of arrangements to move, quitting jobs, selling assets, or more. Or less. Each case is a little different - you can search for threads here that detail other approaches.

 

[canuck_in_uk]

thanks monkeys, my concern was just if we marry the marriage will be so new that we may get questioned more, and also getting certified copies of marriage certificate takes time to be released. having a family member telling me that they can accommodate us when we move to canada counts as proof of intent right?

There is no difference in how common-law and married apps are processed; they just have some different proof requirements. You can apply now from the Philippines as common-law or you can apply after marrying, though you must wait for the marriage certificate. You have been living together for years and have a child, so there will be no issue if you apply right after marrying.

I would just apply now as common-law.

 

[doublehunter]

Thanks Canuck,

One last question, we previously married last 2015 but it has my citizenship as Filipino instead of canadian in the marriage certificate. Will it cause any problem when I sponsor her since my citizenship in the marriage contract is different with my passport?

 

[canuck_in_uk]

Thanks Canuck,

One last question, we previously married last 2015 but it has my citizenship as Filipino instead of canadian in the marriage certificate. Will it cause any problem when I sponsor her since my citizenship in the marriage contract is different with my passport?

No issue.