Immigration

[All]

 I am wondering about marrying my girlfriend who lives in China. I am finding it very overwhelming to understand the best way to bring her to Canada to live with me. Do you think it is best for me to get professional service and advice? What do you think is a reasonable price for this service?

ANSWER: Dear Michael,

If you plan to marry your Chinese girlfriend and then sponsor her application for permanent residence in Canada the whole process must be carefully thought out so as to avoid serious mistakes that could derail your plans. One in five spousal applications for permanent residence is refused by Canadian immigration authorities, and more encounter unnecessary delays. Spousal applicants must satisfy an immigration officer that their conjugal relationship with a citizen or permanent resident of Canada is genuine and not contracted primarily for the purposes of obtaining status as a resident in Canada. For the immigration officer to figure out whether the relationship is one of convenience or not is by its very nature a subjective exercise.

Immigration officers often ask themselves red flag questions to help determine whether a relationship appears genuine or not. Here are some of those questions:

1. How long was the courtship?

2. Did the couple marry shortly after their first meeting? 3. How often have they met?

4. How do they communicate? And what proof of communication is there?

5. Do they have a common language -- eg in your case do you speak Mandarin or Cantonese, or does your future wife speak English? And is the level of knowledge of that language sophisticated enough to allow a couple to enjoy meaningful exchanges.

6. Are there photos of the couple and do these photos seem credible? Is the couple natural or comfortable? Are they with family and friends in typical social settings, etc?

7. Is there a significant age difference?

8. Are there any significant social, religious, ethnic or cultural barriers that might normally be cause for conflict?

9. Does the applicant appear to have adequate knowledge of the sponsor's life(his work, family, failed marriages, children, etc).

There may be no right and wrong answers. But overall, the immigration officer must be satisfied that the applicant and sponsor are sincere.

To get an idea of some of the problems that crop up with spousal cases, visit the following websites:

IMMIGRATION AND REFUGEE BOARD(IRB) - DECISIONShttp://www.iijcan.org/en/ca/irb/index.html

In box one, type key words such as immigration, spouse, convenience.

FEDERAL COURT OF CANADA - DECISIONShttp://decisions.fct-cf.gc.ca/en/index.html

Use the search tool with key words such as immigration, spouse, marriage to find decisions related to spousal applications.

To make a spousal application, visit the Immigration Canada website:

SPOUSAL APPLICATION PROCEDURES: OUTSIDE CANADAhttp://www.cic.gc.ca/english/information/applications/fc.asp

Finally, you appear to have answered your own question concerning the use of professional services and advice: If the process appears overwhelming or confusing, that's because if often is. There are lots of potential pitfalls. In some cases, the application may be quite straightforward. In other cases, especially where recent relationships are concerned, things could get difficult.

As a professionally accredited immigration consultant myself, I am obviously biased in favor of using a qualified professional(consultant or lawyer) to minimize the risks.

These services can cost you anywhere from a few hundred dollars for some general advice to several thousand dollars to have someone assist you from the beginning to the end. A lot will depend on what you want, the complexity of the case, the experience and expertise of your representative, etc. Even if you hire someone to assist you, the final decision is always made by the immigration officer. This means that no one can guarantee the application will be accepted.

Be sure that whatever you decide to do you have a written agreement that spells out clearly the services to be rendered and the costs. You should also feel personally comfortable with your representative. Qualified accredited consultants must be members of the Canadian Society of Immigration Consultants(CSIC), and qualified immigration lawyers must be members of the provincial law society in the province where they practice and preferably recognized for their knowledge of immigration law. This response is for information purposes only. For professional immigration advice or expert assistance please contact me directly.

I would be grateful if you would complete the AllExperts rating form if you found my answer to be at all helpful.

Thanks and best wishes,

---------- FOLLOW-UP ----------

 Tim; Thank you for your help. I had asked you 'what if I marry my girlfriend in China, then sponsor her application for permanent residence in Canada ? But, as a second scenario, is it better if, before marriage, I sponsor her Visiting Visa to Canada [I would have to help her to show she has enough money etc.], then when she is in Canada with me, we could get married and she apply for Permanent Residence? Someone told me that Immigration Canada would extend a Visiting Visa if that person was applying for Permanent Residence. Previously, you had pointed out many "Red Flag s" which I feel my girlfriend would pass almost all of them. However, I am wondering if my second scenario may be more practical. Thank You; Mike............

[Maelisa]

Mike,

Your girlfriend can apply for a visitor visa but she must satisfy the visa officer that she will return home after the visit. If she gets the visa, she could come and marry you in Canada and she could then apply from Canada, but I would be careful not to unintentionally mislead Immigration Canada about your intentions. She would be subject to the same scrutiny as she would if applying from China. Canadian sponsors do not have appeal rights in the event a spousal application is refused in Canada.

This response is for information purposes only. Good luck.