Q: I always read your article in the newspaper and noticed that
you have been a blessing to a lot of people who need assistance and advice. Now
I am writing this letter to seek some. I am under the Live-in Caregiver Program
(LCP) and soon will acquire my landed status. I have a fiancé overseas. What is
the best, right and fastest way to be reunited? Thanks a lot. God bless.
A: Congratulations on your engagement. Since you are
under the LCP you are entitled to apply for permanent residence from within
Canada after completing two years of caregiving here. Your fiancé cannot be
included as your dependant in your application until you are married, or in a
common law or conjugal relationship, as defined under our immigration laws.
Family members will be processed concurrently if they are included “at
the time the application was made.” Applicants must list all family members in
Canada and abroad, and indicate which ones they wish to have processed
concurrently for permanent residence. Family members may not be added to an
application once processing has begun (i.e. passing the initial evaluation
stage).
You absolutely must notify immigration authorities in writing of any
changes in your marital or common law status before you are landed. If you marry
after applying but prior to landing, make sure you have confirmation that CIC
has received your notice and ensure your spouse is examined before you are
landed. If he is not examined prior to your landing, you will not be able to
sponsor him later as your spouse. Furthermore, an undisclosed marriage prior to
landing will be treated as a material misrepresentation and could lead to
deportation proceedings, if discovered. CIC usually catches these
misrepresentations when a sponsor includes a marriage certificate that pre-dates
their own landing as a single person.
It is unimportant where you marry. However, the biggest reason for you to
avoid getting married before you are landed is if your husband is medically or
criminally inadmissible, both your applications will be refused. A newly wedded
nanny can see two to three years of hard work go down the drain because of their
grooms’ undisclosed drunk driving conviction or previously undetected medical
problem.
He can apply for a visa to visit you here but there is no guarantee it
will be approved. He should be truthful about having a fiancée/spouse in Canada
even though it may make it more difficult for him to get the visa. Any lack of
candour may come back to haunt you later when you sponsor him.
Of course, this will result in a longer separation from your partner, but
this may be better than risking your hard work and future in Canada.
