Young Canadian, want to sponsor American boyfriend |
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Mythikah
New Member Joined: 20 Apr 2012 Location: Canada Status: Offline Points: 4 |
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Posted: 20 Apr 2012 at 7:26pm |
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Okay, I am a young, 21 year old woman who is about to finish university and my job prospects look pretty good. My boyfriend of 4 years (whom I met online) is American, also about to finish university, and I want him to come live in Canada.
I know absolutely nothing about how to make this happen, what it costs, what I need to do, etc. We are willing to get married, but is that the easiest route? Do we have to wait before we can see each other? Would he not be allowed to work? Some pointers would be really helpful, thank you.
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RobsLuv
Senior Member Joined: 04 Dec 2009 Location: Canada Status: Offline Points: 745 |
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Try reading through the information on the US2Canada website to get an overview of the process of sponsoring a spouse to Canada. If you and your bf get married, or become common-law partners by co-habitating for at least one continuous year, he is eligible to be sponsored by you for permanent status. It's easier if you're married because then you don't have the additional burden of proving your common-law status - the legal marriage qualifies the applicant to be sponsored.
So once he's eligible, you can submit the application and then he can come to Canada to wait out the processing. They will document him on a Visitor Record (you need to be accompanying him to vouch for the relationship and you intent to sponsor), but the VR prohibits him from working or attending school. He'll also probably not be eligible for healthcare benefits. The application process takes about a year to finalize. You would not want to apply via the "inland" process because it requires that he remain in Canada for the duration of the application, and there is no right to appeal a refusal. You can submit an "outland" application, even if he's staying with you in Canada, and that allows him to leave Canada during the process if needed. I encourage you to read through the info on US2Canada, and then come back with more questions. |
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3/2007-applied
1/2008-Refused 12/2008-ADR failed 1/2010-Appeal allowed 4/2010-In Process(Again) 5/2010-request FBI/meds 8/2010-FBI recd 11/30/10-APPROVED! 1/31/11-LANDED! |
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Mythikah
New Member Joined: 20 Apr 2012 Location: Canada Status: Offline Points: 4 |
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So I'm supposed to have him sit on his butt for a year at my house to wait for an application to go through? That seems silly, he needs to be able to work. Can he work in the US while he waits for the application to go through? Can he visit me?
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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He can work in the country where he is a citizen.
He can't work or study in another country unless authorized by Immigration. Just because he is an American, he can't just walk into another country and begin work. With respect to Canada, he is a "foreigner". You better do some reading at www.cic.gc.ca it has all the information. |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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I emphatically agree with the advice of canvis2006 to do some extensive reading of the CIC website.
One aspect of your query looms large:
If you get married so that you can sponsor him to immigrate to Canada, that relationship will NOT qualify for sponsorship. CIC appears to be aggressively enforcing this regulation. I understand that the real reason for getting married probably would not be to simply facilitate his eligibility to be a sponsored PR . . . but, if the apparent reason is so he can be sponsored, that spells problem. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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With respect to working, you indicate he has a college degree. If it is in the proper field, he may be able to obtain a NAFTA work permit. There are numerous fields that qualify and it avoids the need of the hiring employer to obtain a Labour Market Opinion (LMO) letter.
Thus, a NAFTA qualified job allows the employer to issue an offer letter - no LMO required. The US citizen then shows up at the Port of Entry, shows the offer letter for a job requiring the skills of one or more NAFTA category, proves his/her qualifications for the job, provides the obligatory pictures, the work permit application and the $150 fee and they issue the work permit on the spot. This doesn't work for everyone, but if it does, it's a straight-forward way to be together while they are processing the application. |
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FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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Mythikah
New Member Joined: 20 Apr 2012 Location: Canada Status: Offline Points: 4 |
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Ack, that's not what I meant, it's not like we'd marry just so he could immigrate. It's because we're in love and in a relationship and long distance distance relationships are difficult...I guess marrying makes sense then.
I understand that, but how does it make sense for him to stay in Canada and not work while the application processes? He can't do anything. No one has answered my question of whether he can work in the US while the application processes. The website isn't very specific. Also, does it matter which country we get married in? Would the customs officials get angry if one of us "visits" then we end up getting married? If we get married in Canada, will he be forced to stay or get kicked out or what? If someone could just walk me through each step it would be really helpful. That's why I'm posting. The websites just say "sponsor your spouse, wait for application to go through" and they don't really talk about people who plan to get married.
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scylla
Top Member Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 838 |
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If you apply outland, he can remain in the US and live/work there while the application is being processed. It does not matter which country you marry in.
Regardless of whether he comes to Canada as a visitor or remains in the US while his application is being processed, you should definitely select the outland application route. It's much faster for Americans than inland. |
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Outland Spousal (Buffalo):
App recd: 05/28/2010 Sponsor approved: 06/28/2010 Processing started: 08/19/2010 Passport request: 10/01/2010 Landed: 10/05/2010 |
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Mythikah
New Member Joined: 20 Apr 2012 Location: Canada Status: Offline Points: 4 |
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Thank you! Also, how exactly do I make sure that we do the "outland" route? Is there some sort of check on the application?
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scylla
Top Member Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 838 |
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It's a separate application process from inland. And for outland - all applications are sent to the Mississauga office (they are sent to Vegreville for inland).
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Outland Spousal (Buffalo):
App recd: 05/28/2010 Sponsor approved: 06/28/2010 Processing started: 08/19/2010 Passport request: 10/01/2010 Landed: 10/05/2010 |
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