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Dutch Citizen to Marry a Canadian - Questions 

Dutch
Dutch
Posts: 2


Posted On: 4/29/2014
Dutch
Dutch
Posts: 2
Hi all,

I have a few questions about my unique situation. My girlfriend is from Ontario and I'm from the Netherlands. For my job in online marketing I travel to many different countries to act as a consultant and I'm getting paid from many different countries which ultimately amounts into me paying taxes in the Netherlands.

I'm registered as an independent contractor and I pay my taxes accordingly. Because of this I don't necessarily 'work' in Canada but I do write content I get paid for from Canadian soil, which I ultimately get paid for on my Dutch bank account and I pay taxes in the Netherlands. None of these payments come from the Canada, but I'm wondering if it still counts as 'working in Canada'?

In the distant future, when or if we decide to settle in Canada, that could have an effect on my business as I've read that when you're applying for permanent residency you won't be able to work for a year.

I ask this question because my girlfriend and I are looking to get married in the summer of 2015. We want to get married in Ontario, but there's another catch to our story.

In July we are moving to either Hong Kong or Malta, depending on where my girlfriend gets a job. She's currently in the process of interviewing and our prospects are looking very good. If we end up in Malta I can immediately live there with her as I've got an EU passport and if we end up in Hong Kong I'll continue to keep traveling and use that sort of visa to get around.

I'm wondering if we're not living in Canada for an entire year, perhaps more, would we be allowed to get married in Ontario? In the distant future we might want to settle in Canada, but I can see us live wherever her job takes us, as I'm not bound to any location, for at least another five years.

The way things look now we won't be in Canada from July until the summer of 2015, right before we get married. We want to marry where her parents and grandparents live and my parents will then fly over for the wedding.

All help is much appreciated and I'll answer more questions if needed.

Dutch
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Dutch
Dutch
Posts: 2


Posted On: 4/24/2015
Dutch
Dutch
Posts: 2
Hi Anna,

Thanks for your response. We are happily married now, but I have another question. We got married in Windsor, Ontario after obtaining a marriage license when I was visiting there. This was back in January and after that we went to Europe together for an extended holiday.

She then went back to Canada, but I'm still in Europe. When I go visit Canada now, do I say that I'm married? We have sent in all the documents for the marriage certificate, but that has not arrived in the mail yet in Canada. I'm just very unsure on the entire situation now that we're actually married. I have no intentions of moving to Canada, because of my business, but I would like to be able to visit and follow all the right rules and not cause myself any problems when crossing the border.

The reason that I'm mentioning this is because I can see it being reasonable for them to think that I'm going there to stay, since I'm married to a Canadian. We are however in the process of moving to Hong Kong, and that's the reason we got married since it's otherwise impossible for me to move there with her. (She has a job prospect there).

Thank you very much for your help Anna.

Thanks!

Dutch
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Moderator
Moderator
Moderator
Posts: 3030


Posted On: 4/28/2015
Moderator
Moderator
Moderator
Posts: 3030
Hello Dutch,

Thank you for sharing your situation and additional question with us.

Unfortunately, it is difficult for us to provide a definitive response regarding your situation.

As you know, when wanting to visit Canada, there are no guarantees that you will be allowed entry. So mentioning that you are married to someone in Canada may or may not affect your entry. All we can say is that when questioned by an immigration officer, it is important to always tell the truth.

You mentioned you are from the Netherlands. Although you do not require a visa to enter, according to the CIC Website ,while you may not need a visa to visit or transit Canada, you still need to show an immigration officer that you satisfy all other requirements to enter Canada.

They are as follows:

To visit Canada, you must:

-have a valid travel document, such as a passport,
-be in good health,
-convince an immigration officer that you have ties—such as a job, home, financial assets or family—that will take you back to your home country,
-convince an immigration officer that you will leave Canada at the end of your visit, and
-have enough money for your stay. (The amount of money you will need can vary. it depends on things like how long you will stay, and whether you will stay in a hotel or with friends or relatives.)


As per the requirements above, you can see that it will be important for you to convince an immigration officer that you will leave Canada at the end of your visit.

We suggest that it may be most helpful for your spouse to contact the Citizenship and Immigration Canada (CIC) Call Centre for some additional information before you decide to visit.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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