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Immigration Forum / Canada / February 2008Applying immigrant status under common law or marriage? And how long?
Do we qualify as "common law", or we have to resort to marriage? And how soon will my 'spouse" be a landed immigrant? I lived with my European girlfriend for 12 months in Canada before she moved back to Europe to last summer to further her university (master degree) studies. I went to Europe to live with her until last month, when I came back to Canada to start my new job this week. She will visit me for 2 weeks this April, and will come again this July to stay for months to finish her thesis. Then, she intends to find a job here. I would greatly appreciate your answers to my following questions: a) As we both have been living 12 months in Canada and about 6 months outside Canada, is she eligible as a common law spouse for immigrant application? b) If not, is getting a marriage licence this April the easier way to apply the land immigrant status? c) As I just start a new job, do I have a problem satisfying the income test for sponsorship under the "common law spouse" category or "marriage" category? d) After applying for the landed immigrant status this coming April, can she go back to Europe until July this year? Will there an interview by the immigration officer for both of us? d) If we send in the application in April under common law or marriage, approximately how many months later will she become a landed immigrant, and when she can get the Ontario medical coverage (as she otherwise has to buy health insurance when she comes back in July)? Thanks a lot! Hi > Do we qualify as "common law", or we have to resort to marriage? And > how soon will my 'spouse" be a landed immigrant? [quoted text clipped - 12 lines] > outside Canada, is she eligible as a common law spouse for immigrant > application? No, 12 months continuous prior to application. > b) If not, is getting a marriage licence this April the easier way to > apply the land immigrant status? Marriage license is nice, but you have to be married. > c) As I just start a new job, do I have a problem satisfying the > income test for sponsorship under the "common law spouse" category or > "marriage" category? No, as long as you are not collecting welfare, spousal applicants don't have to meet the low income settlement funds. > d) After applying for the landed immigrant status this coming April, > can she go back to Europe until July this year? Yes, she may not be re-admitted if you apply as an in-canada spousal applicants, you should apply for her throught he consulate that services her country of residence. Will there an > interview by the immigration officer for both of us? Maybe, will be if there any doubts about the marriage. > d) If we send in the application in April under common law or > marriage, approximately how many months later will she become a landed > immigrant, and when she can get the Ontario medical coverage (as she > otherwise has to buy health insurance when she comes back in July)? 5/6 months, but if she is not in-canada then you can't apply in-canada. > Thanks a lot! PMM |
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