Hi elizabethlc,
First, we'll get the bad news out of the way and move quickly on to
the good news. I'm sorry to say that you won't be able to sponsor your
fiance, that provision was removed in 2002. Also, your parents won't
be eligible to sponsor your boyfriend, either as your fiance or
spouse.
The Sponsor?s Guide:
"Note: There is no provision for fiancé(e)s in Canada?s immigration
legislation. If you are the fiancé(e) of a Canadian citizen or
permanent resident, you must marry before the immigration process
takes place. Conjugal partners are not fiancé(e)s and are not
fiancé-like (that is, intending to live together and begin a conjugal
relationship)."
http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf
>>>
However, all is not lost. Your boyfriend can enter Canada on a
Temporary Resident Visa (TRV), you can marry in Canada, and then begin
the process of sponsorship. The important thing will be to make sure
he keeps the TRV valid by not letting it expire.
Countries and Territories Whose Citizens Require Visas in Order to
Enter Canada as Visitors: Lithuania
http://www.cic.gc.ca/english/visit/visas.html
Application for a Temporary Resident Visa to Visit Canada Guide:
http://www.cic.gc.ca/english/pdf/kits/guides/5256E.PDF
Application to Change Conditions or Extend Your Stay in Canada as a Visitor Guide:
http://www.cic.gc.ca/english/pdf/kits/guides/5551E.PDF
Spouse or Common-Law Partner in Canada Class:
"You may also sponsor a spouse or common-law partner from within
Canada if they have been living with you in Canada and have maintained
their legal temporary status. Sponsorship of a spouse or common-law
partner includes their dependent children whether inside or outside of
Canada."
http://www.cic.gc.ca/english/sponsor/index.html
>>>
You'll find everything you need at the following links:
Sponsoring a Spouse or Common-Law Partner Who is Living with you in Canada:
"If you are living in Canada with a spouse or common-law partner and
wish to support his or her application to immigrate as a member of the
Spouse or Common-Law Partner in Canada Class, you must first sponsor
him or her for immigration.
To sponsor your spouse or your common-law partner you must sign an
Undertaking with the Minister of Citizenship and Immigration. This is
a promise to the Government of Canada that you will support your
spouse or common-law partner ... for a period of three years [from the
date that person became a permanent resident] ... so that they will
not need to apply for social assistance.
You must also sign a Sponsorship Agreement with your spouse or
common-law partner that outlines your mutual commitments to each
other. You promise to provide for the basic requirements of your
spouse or common-law partner and any dependent children for the
duration of the Undertaking and your spouse or common-law partner
promises to make every effort to become self-supporting."
To sponsor a spouse or common-law partner from within Canada:
"Your spouse must be of the opposite sex and married to you. Your
marriage must be legally recognized both by Canadian federal law and
the laws in the country where your marriage took place. Your
common-law partner must have lived with you for at least one year in a
conjugal relationship."
Your spouse or your common-law partner must also:
* have valid, legal status in Canada as a visitor, student or temporary worker;
* be living with you in Canada;
* have a valid passport or travel document;
* be 16 years of age or older;
* be your spouse or common-law partner for genuine reasons and not
primarily for the purpose of obtaining permanent residence in Canada;
and
* not be subject to enforcement proceedings."
http://www.cic.gc.ca/english/sponsor/in.html
Application for Permanent Residence in Canada ? Spouse or Common-law Partner:
http://www.cic.gc.ca/english/applications/spouse.html
# Guide [IMM 5289]
http://www.cic.gc.ca/english/pdf/kits/guides/5289E.PDF
# In-Canada Application for Permanent Residence [IMM 5002]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5002E.PDF
# Schedule 1 ? Background/Declaration [IMM 5002 Schedule 1]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5002E_1.pdf
# Application to Sponsor and Undertaking [IMM 1344A]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
# Sponsorship Agreement [IMM 1344B]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
# Sponsorship Evaluation [IMM 5481]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
# Additional Family Information [IMM 5406]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
# Spouse/Common-law Partner Questionnaire [IMM 5285]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5285E.PDF
# Use of a Representative [IMM 5476]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5476B.PDF
# Medical Report Section A ? EDE/EFE [IMM 1017 SCL]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1017SCLE.pdf
# Document Checklist [IMM 5443]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5443E.PDF
Applying for Permanent Residence from Within Canada Spouse or
Common-Law Partner In Canada Class:
http://www.cic.gc.ca/english/applications/guides/5289ETOC.html
I hope I've helped to sort this out for you. If you have any
questions, please post a clarification request *before* closing/rating
my answer and I'll be happy to reply.
Thank you,
hummer
Search Strategy:
I searched the Citizenship and Immigration Canada website for
everything concerning sponsorship, immigration, spouses and fiance. |
Clarification of Answer by
hummer-ga
on
11 Dec 2004 07:46 PST
Hi again elizabethlc,
1)Does my boyfriend just need a TRV or a Fiance visa to enter Canada
with the intention to marry me? I've heard that if he doesn't have a
Fiance Visa, they may not let him proceed with applying for his
residency after we are married.
As stated on the Citizenship and Immigration Canada website, a
fiancé(e) visa no longer exists. You must be married (or be conjugal
partners) before starting a Family Class Sponsorship process.
The Sponsor?s Guide:
"Note: There is no provision for fiancé(e)s in Canada?s immigration
legislation. If you are the fiancé(e) of a Canadian citizen or
permanent resident, you must marry before the immigration process
takes place. Conjugal partners are not fiancé(e)s and are not
fiancé-like (that is, intending to live together and begin a conjugal
relationship)."
http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf
Perhaps you have been given advice for U.S. immigration? The U.S. has
a Nonimmigrant Visa for a Fiance(e) (K-1), which is the best way to go
about it there, but unfortunately, Canada doesn't have an equivalent.
2)Once we are married, will there will a problem with me sponsoring
him if I have been on Social Assistance in the past?
I'm sorry to see that I missed that part of your question stating that
you are now on Social Assistance. Unfortunately, you are ineligible to
sponsor while you are on Social Assistance. After you find
employment, it would be best to wait twelve months before applying for
sponsorship if you want to increase your chances that all will go well
with the application. Sponsorship is on a case-by-case basis and all
things are considered, therefore the more you do to increase your
chances, the better. Spousal Sponsorships are exempt from the minimum
income requirement, but you will have to be employed and not on social
assistance.
Who is not eligible to sponsor a member of the family class?
"If you are sponsoring your spouse ... you are exempt from the
financial requirements. However, you are still expected to be able to
support these family members."
"You cannot sponsor a member of the family class or the spouse or
common-law partner in Canada class if you are:
* receiving social assistance, other than for disability reasons."
http://www.cic.gc.ca/english/pub/you-asked/section-10.html#13
CIC Call Centre Services:
http://www.cic.gc.ca/english/contacts/call.html
I'm glad you brought up the point about social assistance because it
is an important one. Please let me know if you have any other
questions.
Regards,
hummer
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