How to sponsor my children's mother. My fiance.

[Giann]

Hi! Can i ask how can i get my fiance here in canada? She is from Philippines. Our relationship starts on March 2005. Our first child born on year 2006. Our second child born on 2008. Im a permanent resident here in Canada. We arrived here in Canada with my 2 kids last June 4, 2014. Me and my 2 kids sponsored by my mother. But i want to get my fiance as fast as i can. Because my 2 kids missed her a lot. And i want family to be together here in Canada. Because family is so important to us. We dont want our children grow without their mother. We are not yet married because my petition is still on process by that time. Can i apply conjugal sponsorhip so that i can get her here? Am i allow to sponsor her even if im only 2months here in Canada? Is there a possibility that i can get her even if were not yet married? But as soon as she gets here. I will marry her. Or i need to go back home and get married and sponsor her? What is the best way to get her even if im not going home to marry her? I hope you answer my questions. Thank you very much.

 

[CMLR]

Are you a newly sponsored Permanent Resident? If so you can not sponsor anyone for 5 years according to the CIC.

 

[scylla]

Did you live together before you immigrated to Canada? If you lived together, was it for at least a year?

 

[scylla]

Are you a newly sponsored Permanent Resident? If so you can not sponsor anyone for 5 years according to the CIC.

No - not true at all. The rule you are quoting only applies to those who have been sponsored by their spouses. OP was sponsored by his mother.

 

[truesmile]

To continue Scylla's first post . . . it seems as though "yes" you can sponsor your fiancée as a "common-law spouse" (based on your post you lived many years together in the Philippines). NO, you cannot sponsor your fiancée as "conjugal", since there are no barriers to your getting married, you are not eligible.

 

[tink23]

To continue Scylla's first post . . . it seems as though "yes" you can sponsor your fiancée as a "common-law spouse" (based on your post you lived many years together in the Philippines). NO, you cannot sponsor your fiancée as "conjugal", since there are no barriers to your getting married, you are not eligible.

That's not true. If he lived with his fiancée for more than 1 year, he was considered in a common law relationship at the time he landed as pr. Unless he included her on that application, which he didn't, he misrepresented his relationship status and therefore, she will be excluded as part of the family class and won't be able to be sponsored, and could be in jeopardy of losing his pr based on misrepresentation. It all depends if/ how long he lived with his fiancée before he became PR... And if he was common law at the time of landing, did he list her in his papers?

 

[scylla]

To continue Scylla's first post . . . it seems as though "yes" you can sponsor your fiancée as a "common-law spouse" (based on your post you lived many years together in the Philippines). NO, you cannot sponsor your fiancée as "conjugal", since there are no barriers to your getting married, you are not eligible.

Actually - that's not where I was going with my questions at all. If they are common law, then she should have been included in his application as a dependent and failing to include her in his application before he landed now means she can't be sponsored. They have two children together - so I suspect they have been living together.

 

[Awesomeg]

Hi! Can i ask how can i get my fiance here in canada? She is from Philippines. Our relationship starts on March 2005. Our first child born on year 2006. Our second child born on 2008. Im a permanent resident here in Canada. We arrived here in Canada with my 2 kids last June 4, 2014. Me and my 2 kids sponsored by my mother. But i want to get my fiance as fast as i can. Because my 2 kids missed her a lot. And i want family to be together here in Canada. Because family is so important to us. We dont want our children grow without their mother. We are not yet married because my petition is still on process by that time. Can i apply conjugal sponsorhip so that i can get her here? Am i allow to sponsor her even if im only 2months here in Canada? Is there a possibility that i can get her even if were not yet married? But as soon as she gets here. I will marry her. Or i need to go back home and get married and sponsor her? What is the best way to get her even if im not going home to marry her? I hope you answer my questions. Thank you very much.

For me seems like you have a difficult case,
If you and your 2 children got to be sponsored by your mother seems to me
that information about the mother of the kids was missing...

I believe that your case is a case that requires the help of an immigration lawyer....
or at least the advise of an immigrant support organization.

 

[scylla]

For me seems like you have a difficult case,
If you and your 2 children got to be sponsored by your mother seems to me
that information about the mother of the kids was missing...

I believe that your case is a case that requires the help of an immigration lawyer....
or at least the advise of an immigrant support organization.

Yep - agreed. I can't imagine CIC is going to believe they weren't common law.

 

[truesmile]

Actually - that's not where I was going with my questions at all. If they are common law, then she should have been included in his application as a dependent and failing to include her in his application before he landed now means she can't be sponsored. They have two children together - so I suspect they have been living together.

YES, you're absolutely right! I should have caught on to that. Yup, the mother will now forever be excluded from being sponsored under the Family Class. They are relentless on this rule, even appeals are denied based on "paragraph 117 (9)". Not getting married to speed things up is going to be a mistake difficult to overcome.

 

[truesmile]

Don't waste your money on a lawyer. Any lawyer that says you even have a chance is gonna take you for a LOT of money. They should tell you the truth, right up front.

 

[Awesomeg]

YES, you're absolutely right! I should have caught on to that. Yup, the mother will now forever be excluded from being sponsored under the Family Class. They are relentless on this rule, even appeals are denied based on "paragraph 117 (9)". Not getting married to speed things up is going to be a mistake difficult to overcome.

I did not want to say that.... you are right... any lawyer that says that she has any chance only wants his money...

I would apply anyhow..... but for sure will be a denied.....

then with the denial I would go for the appeal.... under humanitarian reasons she may have some hopes...

but this is going to be a long process....

minimum 5 years would be my guess

 

[PMM]

Hi

YES, you're absolutely right! I should have caught on to that. Yup, the mother will now forever be excluded from being sponsored under the Family Class. They are relentless on this rule, even appeals are denied based on "paragraph 117 (9)". Not getting married to speed things up is going to be a mistake difficult to overcome.

Good chance that he will be reported for misrepresentation as well.

 

[Awesomeg]

Hi


Good chance that he will be reported for misrepresentation as well.

Yes, there is always the chance that their permanent residency could be revoked
for misrepresentation....

But if they want her mother to join them, they have to take the risk...
then the choice will be... Be all together in Canada or in Philippines...
and choosing to be together in Canada can mean to lose the permanent residency in Canada....
the end result will be together as a family... in either country....

Or forget about her mother to come to Canada ever...

 

[mikeymyke]

I think the OP has to start making long term plans to live in the Philippines. Family reunification is more important than getting PR. Either that, or everyone involved should try to enter via skilled worker class.