[Confidential] Sponsoring a GF for permanent residency status

[El Bastardo]

The following is a submission from an anonymous Revscene member who requested a confidential post some time ago. Sorry to the OP. I've been busy striking oil, ranching cattle, and shooting pistols wildly into the air as we Texans do


I have been going out with my girlfriend since March, 2014, and her work visa is going to expire in June of 2015.

She was originally working in Vancouver to apply for the Provincial Nominee Program for a chance to get her permanent residence status in Canada.

Unfortunately she is running out of time and even if she applies in June, she will have to wait 8 to 9 months for processing before she finds out and she would have to return to her country.

We were thinking of applying for her permanent residence under common law, and we will be speaking with an advisor later on this week to discuss our options.

I was wondering if anyone here or someone they knew had been in a similar situation and if they could recommend any particular advisors or lawyers that specialize in these cases.

Doing a long-distance relationship is probably not going to work out very well so i'm trying to figure out the best way to handle this situation with her. Thanks!

[underscore]

If you're going to apply as common law you better 1) actually be common law and 2) be damn sure you want to be common law.

[IMASA]

I went through this process when I sponsored my then gf (now wife) for permanent residency. You can PM me if you want to hear my experience with the process.

Underscore makes a good point. Back when I sponsored my gf as common law, I read up on BC common laws and at the time, the common law spouse was not entitled to any of your assets, financial support, etc. However, that has changed in 2013. Now common law pretty much = married.

[Mr.HappySilp]

^^ pmed

[underscore]

^ exactly. OP is effectively proposing by becoming common law.

[Mr.HappySilp]

Originally Posted by IMASA

I went through this process when I sponsored my then gf (now wife) for permanent residency. You can PM me if you want to hear my experience with the process.

Underscore makes a good point. Back when I sponsored my gf as common law, I read up on BC common laws and at the time, the common law spouse was not entitled to any of your assets, financial support, etc. However, that has changed in 2013. Now common law pretty much = married.

Also I if you sponsor someone. If they decided to get EI or collect socials securities the gov will make you pay for it. So if she goes on EI and collect $800 a month. You have to pay that. This last for about 3 or 5 years(I forgot the time).

[pinn3r]

I read this reddit thread about Canadian immigration a few weeks ago. It may be tedious reading through it, but maybe you'll find some pertinent info in there

[Mr.HappySilp]

Sponsor your spouse, partner or children
Effective December 22, 2014, eligible spouses or common-law partners have the opportunity to work in Canada while they wait for their application for permanent residence to be processed.

Citizenship and Immigration Canada (CIC) will issue open work permits to certain spouses or common-law partners who are applying for permanent residence from inside Canada, before the approval in principle decision on their application is made.
Program delivery update - December 22, 2014

That's pretty nice. I think one of my friends did that. She sponsor her husband. But they were both studying here beforehand. She did mention it took about 6 months or so.

[custum]

You mentioned that she can apply for the provincial nominee program, why can't she apply for a visitors record to stay in Canada during the processing period of the PNP?

[IMASA]

Originally Posted by Mr.HappySilp

Also I if you sponsor someone. If they decided to get EI or collect socials securities the gov will make you pay for it. So if she goes on EI and collect $800 a month. You have to pay that. This last for about 3 or 5 years(I forgot the time).

Back when I applied, I had to sign a document indicating that I would be financially responsible for my common law spouse for 10 years.

[tiger_handheld]

kind of hijacking but maybe not...

anyone know what would happen say if boy transferred all assets (car, home, cash, etc)to mom/dad and became common law with girl and they eventually split? boy has no assets so what do they split?

[IMASA]

Originally Posted by tiger_handheld

kind of hijacking but maybe not...

anyone know what would happen say if boy transferred all assets (car, home, cash, etc)to mom/dad and became common law with girl and they eventually split? boy has no assets so what do they split?

I don't think that really matters. When you enter a marriage/common law and you divorce/seperate, you are allowed to keep your assets that you acquired before the relationship.

Copy and paste from some website on BC Family law.
The basic principles of the Family Law Act
The law about dividing property and debt is contained in the Family Law Act. In general:

Each spouse is entitled to keep the property they brought into the relationship, plus certain kinds of property received during the relationship, like inheritances and court awards, as his or her “excluded property.”

Each spouse is entitled to one-half of the property acquired during the relationship, including any increase in value the spouses’ excluded property. The property the spouses are entitled to share in is called “family property.”

Each spouse is liable for one-half of the debt incurred during the relationship, including any debt incurred after separation to maintain family property. The debt the spouses are obliged to share is called “family debt.”

[mr_chin]

Originally Posted by El Bastardo

I have been going out with my girlfriend since March, 2014

Careful there. Look at the risks you're taking first.

[underscore]

Originally Posted by IMASA

I don't think that really matters. When you enter a marriage/common law and you divorce/seperate, you are allowed to keep your assets that you acquired before the relationship.

Copy and paste from some website on BC Family law.
The basic principles of the Family Law Act
The law about dividing property and debt is contained in the Family Law Act. In general:

Each spouse is entitled to keep the property they brought into the relationship, plus certain kinds of property received during the relationship, like inheritances and court awards, as his or her “excluded property.”

Each spouse is entitled to one-half of the property acquired during the relationship, including any increase in value the spouses’ excluded property. The property the spouses are entitled to share in is called “family property.”

Each spouse is liable for one-half of the debt incurred during the relationship, including any debt incurred after separation to maintain family property. The debt the spouses are obliged to share is called “family debt.”

How does that work for things like a mortgaged house though? ie. I bought it before we were common law, once we became common law we both started paying for it.

[Tone Loc]

The way our justice system is set up, the man WILL get screwed hard if a relationship ends badly... I know you really love her and all, but if you sponsor her as common law, you are pretty much married. Do you know what happens to men when they get divorced? It rarely will work out in your favour.

Unfortunately, it is a well known trend - esp. in the Filipino community of which I am a part of - for people to get married purely to gain citizenship, and bring their "real" husband and kids over... I am not saying it is always like this, but just make sure you are thinking rationally and not with your heart (or your member).

[El Bastardo]

The following is a reply from the anonymous original poster


Thanks for the good responses, some of the links and discussion have been very helpful already.

First of all, she will be applying for a working holiday visa to extend the time to one year. I am trying to convince her to push to get her PR through the PNP (provincial nominee program) but it seems that she is a bit disappointed that I am not exactly excited to try to get it through common law.

I feel like it's a bit rushed since we haven't been together for a long time, yet someone more serious is being pushed into our relationship due to these circumstances. I mean, if I don't want to go through with it, she spoke with her advisor and said that there is a roughly 50/50 chance of getting nominated through PNP with her current work situation since she had already made some mistakes with the application process. On the other hand, if we start building more "Proof" that we are in a "common law" relationship such as:

- Moving in together
- Shared bank accounts
- Going on vacations together
- Facebook photos? Family trips,
- etc.

The advisor said that it would be a greater chance of getting the PR. Of course the easiest way would be too marry... But honestly I think it's definitely too early to talk about that.

I guess at this point, I really like her but i'm not 100% sure I want to be in this sort of relationship. If I tell her that I want her to seek PR through her employment and it doesn't go through, then it kind of complicates things, meaning that if we didn't build enough "proof" during that time, she have to move back to her home country.

We have been talking about moving together closer to the summer, but that's just one step, it just kind of feels awkward with the time looming behind us.

[underscore]

Originally Posted by El Bastardo

The following is a reply from the anonymous original posterOf course the easiest way would be too marry... But honestly I think it's definitely too early to talk about that.

I guess at this point, I really like her but i'm not 100% sure I want to be in this sort of relationship.

By becoming common law you're effectively marrying her. So if you're not ready to marry her, don't become common law.

Originally Posted by El Bastardo

The following is a reply from the anonymous original posterWe have been talking about moving together closer to the summer, but that's just one step, it just kind of feels awkward with the time looming behind us.

Common law is defined as living in a marriage-like relationship for 2 years. If you've been together less than a year and don't live together how the heck do you expect to convince the gov't you're common law anyways?

[melloman]

Kind of sounds like.. yknow.. you don't even want to move in with her yet.

If this is the case, then I'd definitely NOT go common law. Sounds like shes just using the "love card" as a way to get you to sponsor her for her PR card.. I'd be weary.

[Mr.HappySilp]

Originally Posted by PARANOiA-R34

Unfortunately, it is a well known trend - esp. in the Filipino community of which I am a part of - for people to get married purely to gain citizenship, and bring their "real" husband and kids over... I am not saying it is always like this, but just make sure you are thinking rationally and not with your heart (or your member).

This happens in the Chinese community as well (Especially in China). The girl or the guys being sponsor paid like 50k to come to Canada and then divorce, get their real bf/gf and family.

But now law have change. If you are sponsoring someone you are responsible for them financial for 10 years (I think). The gov also limit how many people you can sponsor to come to Canada (I believe is one person per 5 years). So if you are doing this a a business (sponsoring someone to come to Canada coz they pay you) it will be much hard and also the risk as way higher.

Also there is a form to fill out that basically ask once you have PR will you or are you planning to bring over any relatives over to Canada. Most likely if you put yes then your chance of getting a PR status is lower. I am pretty sure the gov will keep that on your record and if you try to sponsor your family over they might pull out the form and start questioning you. Not to mention there is super visa where a family member can apply for a super visa so they can stay in Canada for up to 10 years. However coz they are in Canada using visa, they have to pay for their medicine bills, there are no benefits they can collect (EI, WBC, RRSP etc etc). If the odd chance you are able to sponsor your parents over as PR they will won't get any money till they live in Canada for 10 years after the retirement age. Canada is basically closing the loop holes so people can't abuse it.

I am going to sponsor my gf over in the next year or two. Just looking at all the new regulations and forms you have to fill is not easy. Also one mistake and it gets deny it will be a lot harder to sponsor her next time.

My advice to the OP if you do sponsor her make sure you keep records of everything you do with her. Text message, what's app message, call logs, Pictures you two takes, pictures of presents you send/give to each other with the name tags on, trips you guys together (IE plane ticket, concert ticket etc etc.......) and also if your parents knows you two are together have to write a letter to the gov stating they are aware of you two dating. You also want to have a plan for the future such as what happens if she loses her job, where you going to live etc etc....... Is not easy lol but I already started collecting all the message history I have with my gf and presents and gifts I send her I took pictures and have the address clearly visiable and the tracking number of the package I send her.

[IMASA]

Coles notes:

Common law = Married
Sponsoring her over for PR = You have to take care of her financially for 10+ years.

Seems like you're not quite ready for this kind of commitment yet.

[noclue]

To be blunt, I get this feeling that you're being taken for a ride.

It's no secret that many of these girls that come here on a work visa or go to those shady ESL colleges downtown have a shitty life in their native countries. I heard of stories where they will deliberately try to get pregnant or divorce after PR/citizenship to not go back.

You should try to find out her true motivation whether it is due to you, or due to your citizenship. Caveat Emptor.

[PK-EK]

She sounds pushy as fuck; I smell a scam.

try to push the idea of her waiting the 8-9 months; see how she reacts.

If you both are really in love, Long D will help you guys become stronger.

[Godzira]

I agree with a few other people on here, that's a huge commitment for a couple that's been together for less than a year.

[underscore]

Originally Posted by PK-EK

She sounds pushy as fuck; I smell a scam.

try to push the idea of her waiting the 8-9 months; see how she reacts.

If you both are really in love, Long D will help you guys become stronger.

[El Bastardo]

The following is a reply from the anonymous original poster


Thanks again for the comments in the thread. To be honest, i'm not too concerned with potential asset reallocation if things go South. She is decently well off in terms of independence and financial stability and is the type of person that hates to rely on others in general.

We had a serious talk and discussed further options; One is to move to another more remote location in a Northern Province in Canada to get her PNP nomination, since there is a low amount of skilled workers there and it takes a shorter time to apply and process for PR once you are sponsored by a company. The only prerequisite that seems like a challenge is that the employer must have actively shown to try and hire from the local job pool for a month before seeking workers with an international background. At least with this option, we can visit each other once in a while without having to travel halfway across the world.

The main issue now is still time, since June is pretty much right around the corner. One of the other things we have to figure out is if it possible to apply for the 'Working Holiday' visa even if she currently resides in Canada. Some of her friends have used this to work but they applied from another country. That, or looking for other ways to buy some time to figure this out.