Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Time Sensitive Spouse Sponsorship Question
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chengong Posts: 1
Posted On: 11/9/2014
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I have been visiting China since February of this year, and I met a woman in China in May whom I would now like to find a way to sponsor to Canada.
We have actually been living together since August. But I have to get back to Canada for January 2015 to apply for university studies, and because my Visa is running out of time.
This makes it impossible for me to sponsor her as common-in-law partner because we have not been together for over a year and I do not exactly have the economical conditions to fly back and forth and apply for visa over and over.
I see two options for me to do this at the moment. I could marry her immediately before I leave and apply for sponsorship. But I am still young and inexperienced in such matters, it is probably not wise for me to marry so fast.
The other option I see here is she could go to Canada on a Visa, and then stay with me until we meet the 1 year requirement. However she cannot get a visa that lasts that long so it would have to be illegal stay toward the end. Especially considering that the application itself will probably take more than a year.
Or maybe she could go to Canada and continue living with me for a bit longer and get to know my family better, and then we can marry in Canada to go through with the sponsorship. This should take less time but still may require illegal stay over the period her Visa grants.
Excuse me for my rusty English as a result of lengthy stay in China.
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Moderator Moderator Posts: 4142
Posted On: 11/11/2014
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be concerned about this situation.
As you may already know, there is an additional option for sponsorship other than spouse and common-law partner.
There is also Conjugal Partner. According to our Settlement.Org How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? article.
Conjugal Partner
According to the application, the conjugal category is intended for partners of Canadian sponsors who would ordinarily apply as:
-Common-law partners but cannot meet the definition, that is were not able to live together continuously for one year with their sponsor; or
-Spouses, but marriage to their sponsor is usually not an available option to them, usually because of marital status or sexual orientation, combined with an immigration barrier (for example, rules preventing partner and sponsor of long stays in one another's countries).
For more detailed information, read the Citizenship and Immigration Canada (CIC) Overseas Processing Manual - OP 2 - Processing Members of the Family Class [PDF]. Read section "5.25 Characteristics of conjugal relationships."
It would be important to read the Citizenship and Immigration Canada (CIC) Overseas Processing Manual - OP 2 - Processing Members of the Family Class [PDF]. Specifically the "5.25 Characteristics of conjugal relationships" section. This section contains several details and specific information regarding what they consider when evaluating conjugal relationships.
You may also want to try the CIC Call Centre. We have had some of our users previously state that they have been able to contact CIC from abroad by dialing 1 613 944 4000. Listen to the options to get to CIC.
Please note though that some have reported that it did not work for them or that it is no longer working.
You may want to give it a try.
If you do decide to call, let us know the outcome.
Long distance charges will apply.
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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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