Question:
I am a Canadian citizen residing in Alberta and am engaged to someone who doesn't have lawful status in Canada. He's never been offender of a crime and he doesn't have any health problems. We've been in this association for about 3 years. Now it's been a year that we go halves the same bank account and the same residence. We plan to get married and start a family jointly since we love and value each other.
I read on the official website of Canadian Immigration cic.gc.ca that you can submit an application as a sponsor if your spouse, common-law or conjugal partner, or associated dependent children live with you in Canada, even if they do not have legal status in Canada. Though, all the other requirements must be met.
Can I sponsor him for Fiancee Immigration and complete the sponsorship procedure while he's in Canada without him having to go back to his country of origin? Thanks a lot.
Answer:
You certainly can sponsor him for Fiancee Immigration from within Canada and devoid of him having to leave the country. Though, there are a few factors to consider. Initially, you can’t sponsor a fiancee but you can support a common law partner with whom you have live together in a conjugal relationship for at least one year. Since you have lived mutually in your apartment for one year, you might meet the criteria if you meet all the other conditions.
Secondly, since your fiancée is here unlawfully he has shown a well-built readiness to stay in Canada since he is willing to smash Canadian law so as to remain here. This will absolutely be a factor in the mind of the official who will have to decide whether he is staying in Canada to be with you or whether he is with you so he can stay in Canada.
Thirdly, cases processed in Canada can be rapid. Though, if CIC decides to interview your fiancee for Fiancee Immigration, then it will absolutely take longer i.e. over a year depending on how active your local CIC is. Your fiance is more probable to be referred to an interview due to his illegal status here. If an meeting is scheduled, your request may take longer inland than it would take abroad, once more depending on the processing timeframes of the visa post in charge for your fiancée’s country of nationality.
Finally, there is always a possibility, more often than not small, that your fiancé could be under arrest by immigration authorities. This is not probable if your fiancé merely stay too long his status here. Though, if he was known to be here by immigration authorities and was asked to depart but didn’t, the chances of arrest are higher. Immigration officials will have to make a decision if he is a “flight risk” although he has come forward and identified himself and his situation.
