Shed a little light...

Canada Immigration Forum (discussion group)


 
       
Subject: Shed a little light...
  Hi All.

I want to sponsor my fiance who is from Brazil and has Brazilian/German passport. We are getting married in late September in Toronto. He is currently in Brazil but is planning to come here in early September.

I am wondering a couple of things:

1) If we wait until after our wedding to apply, can he stay in Canada with me while we wait out the application process? He does not need a tourist visa to come here (because of his German citizenship) and can stay for up to six months, I think. Can he just come here as a tourist?

2) In order to lessen his time here where he will be unable to work, can I apply now (with him out of the country) as my conjugal/commonlaw partner and update our status after our wedding? If I apply for him while he is out of the country, will he be allowed to enter the country after the application has been submitted?

So, in short, my priority is to have him here with me starting early September. Should I/can I start the application now? Or should I wait until he is already here and we are married?

I have tried calling that stupid hotline so many times and can´t seem to get through...can anyone please tell me what I should do???

Many, many thanks.

CAT

[31-05-2005,13:32]
[**.43.227.226]
CAT
(in reply to: Shed a little light...)
do you currently qualify under the common law provisions of the spousal sponsorship program? (1 year cohabitation) if not, you will need to be either living together in Canada for 1 year, or married before you can sponsor him.

If you begin the sponsorship process while he is outside the country, you run the risk of him being denied entry. Let him come as a visitor, get married and then apply to sponsor him. In my mind, that is the best way to go.

[31-05-2005,15:08]
[***.181.198.246]
sharon
(in reply to: Shed a little light...)
Hi Cat,
I´ve just recently gone through the conjugal partner immigration for my fiancee. Here´s my understanding:
1) If you wait until after the wedding, you can then apply as a spouse. He can stay in Canada, waiting for the visa, but this can take quite a while. As far as I know, he can get permission to work & study while he is waiting. Be careful, though..if the immigration officials know your wedding plans, they may deny him entry because he has a low chance of returning to Brazil or Germany. He won´t really be a "tourist". It´s a silly rule, but it´s there. Just don´t mention your engagement at the border, and he should be fine.
2) If you apply as a conjugal partner, he must apply from outside the country. You can´t simply "update" your status and hope he can simply wait it out in Canada. His application will still be processed at a foreign embassy, and he will have to return at some point. I would delay the wedding in that case, because it would probably delay your application if you got married in the middle of it.

I would suggest you wait until you have the ceremony, and then you can sponsor him as your spouse. He will be able to remain in Canada with you, and he should be able to work & study during his wait.

[31-05-2005,15:10]
[***.202.71.82]
StillWaiting
(in reply to: Shed a little light...)
Thanks so much to both of you!

I feel much easier about the whole situation and will wait until after the wedding to apply.

As far as getting permission for Christian to work...does anyone know how that works and what we would have to do in order to get it?

Again - I can´t tell you how much I appreciate your advice and expertise.

THANK YOU!
CAT

[31-05-2005,15:43]
[**.43.227.226]
CAT
(in reply to: Shed a little light...)
if you apply inside canada, you have to wait for aip (approval in principle) before he will be able to work but he needs to obtain a working permit. i believe the average time of waiting for aip is around 6 months.
[01-06-2005,01:58]
[***.20.203.226]
Anonymous
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