I need some CDN Advice

[Emancipation 2]

Dear friends.. I know you all are somewhat "up" on CDN immigration and i wanted to get feedback on my friend and her fiance's decision to just move her to Canada on a visitors visa (he's CDN and she's Japanese) and get married (full intent to stay in Canada). They haven't looked into a visa, paperwork nada - just are flying by the seat of their pants so to speak. Are the implications the same on the CDN side as they would be here in the US? They are scaring the bejeebers out of me and I don't think my friend (Japanese) has ANY idea what she's about to do. I'm almost going insane trying to get them to see that there will be consequences for doing things this way. THey are not listening to logic but taking everything I say and like figuring out how to get around the border guards with it - they are twisting all my words and i'm just about insane You guys rock.

GAH!!!!!!

[Krikit 1,165]

My daughter's girlfriend (CDN) did exactly the same thing...... the boyfriend (UK) came to "visit" her in Canada and they married. The last I heard they were still waiting for him to be legal so he could work.... I think it's been about two years now. I'll have see where they're at now. I'll let you know.

Hmmm. Now that I think about it..... my girlfriend's son met and married a Japanese lady while he was over there working. He moved back here then petitioned for her to come over. It didn't seem to take long at all. Relatively speaking, of course. Certainly not as long as my K-1.

[wowswift 3]

It takes longer to do inland immigration then outland. Check out the similar to this site for Canada forum http://roadtocanada.com/

[Kathryn41 3,205]

Canada allows for in-country processing of a spousal visa as well as out of country. As long as the individual is in Canada on a legitimate type of visa, they can adjust status. There doesn't seem to be the same 'immigration fraud' hue and cry if someone enters the country on a visitor's visa and then applies to adjust status from within the country to a landed immigrant as the spouse of a Canadian. Canada as well does not require a minimum financial amount of sponsorship for spouses. When I worked for the MP I had a number of individuals who came to Canada as visitors and got married - and had the intention of getting married. What they didn't have was the intention to avoid immigration laws - they filed after they got married to obtain permanent residence status. When I first started working for the MP they required a special sort of waiver to consider an in-country spousal application and it was an added step in the process. During my tenure the immigration act was updated and they allowed the change to in-country processing without special permission.

What your friend's fiancee/wife needs to remember, though, is that she is a visitor - she is not living in Canada technically until she receives her permission, so she is not allowed to work or go to school and she is not eligible to apply for either a work visa or a student visa from within the country. She also needs to keep her visitor's visa up to date. It is normally granted for a 90 day period or a 6 month period. About 2 months before it is due to expire she needs to send off a renewal application and she may need to do this every 6 months until her landing is granted. Once she receives 'approval in principle' - which means she will be granted PR status but they haven't finished the paperwork yet, she will be allowed to work. Another important consideration - she will not be eligible for any health benefits until she is a permanent resident and has fulfilled any qualifying wait time. She won't be allowed to bring in her personal belongings until she is landed. I have a number of stories of US citizens marrying Canadians and trying to come across the border with a u-haul full of belongings getting turned back and having to put their things in storage. The majority of those people were allowed to enter Canada without their belongings to continue to wait out the processing of their applications, but there were a handful who were also turned back as the border guards believed that they intended to live in Canada and did not yet have an application in the works.

Your friend would do well to consult his local MPs office to obtain copies of the necessary forms and criteria as well as to get the most up to date information on going through the immigration process in this manner. There is a chance that his fiancee will not be allowed into the country if they believe that she is trying to set up residence, but once they are married they should have no problems with her staying and adjusting status since Canada does allow that option.

Here is a useful link: http://www.cic.gc.ca/english/visit/extend-stay.asp

Edited June 25, 2008 by Kathryn41

[Kathryn41 3,205]

Here are more useful links . .. it appears that you can now apply for a work permit at the same time as the PR application - that is new since I left:

http://www.cic.gc.ca/english/information/f...pouse-faq12.asp

http://www.cic.gc.ca/english/information/f...pouse-faq02.asp

http://www.cic.gc.ca/english/information/a...menu-inside.asp

and the forms:

http://www.cic.gc.ca/english/information/applications/fc.asp

Edited June 25, 2008 by Kathryn41

[Kathryn41 3,205]

The in Canada application form:

http://www.cic.gc.ca/english/information/a...ions/spouse.asp

[Emancipation 2]

Here are more useful links . .. it appears that you can now apply for a work permit at the same time as the PR application - that is new since I left:

http://www.cic.gc.ca/english/information/f...pouse-faq12.asp

http://www.cic.gc.ca/english/information/f...pouse-faq02.asp

http://www.cic.gc.ca/english/information/a...menu-inside.asp

and the forms:

http://www.cic.gc.ca/english/information/applications/fc.asp

Thanks you guys for your personal stories.. helpful much!!!!

Thank you thank you Kathryn!1 All your info is exactly what i was looking for.. i've only got the US system to compare with and it's scary to me to think about it in that light - but this makes a lot of sence Thanks for writing that all out.. I'm passing it along toute suite!!

Edited June 25, 2008 by Emancipation

[Kathryn41 3,205]

I am just reading over the Canadian immigration forms and information again, and I am struck all over again by how well organized, understandable and detailed all of the instructions are for Canadian immigration. If if only the US would take a look at how Canada handles the information and adopt something similar it would make things so much easier on all concerned!