Immigration Corner | Married to a Canadian, will they harass me?

Dear Miss Powell,

I am married to a Canadian citizen. Before we were married, I had my visitor’s visa, so I was going back and forth, and he did the same. That works out good for both of us as we are very busy with our work, plus my husband says he needs time to buy a house.

Do you think they will harass me at immigration the next time I visit? I don’t usually have problems, but a friend said now that I’m married, they may think I want to stay. I’m not ready to stay in Canada because I have a good job and I want my daughter to finish high school here.

Another thing, I want to apply for my daughter’s visitor’s visa so that we can all be together for the holidays. Do you think it would be easy to get her visa?

AR

Dear AR,

When you are granted a temporary resident/visitor’s visa, you are authorised to visit Canada as many times as you wish if you have obeyed and will obey the terms of entry. This includes not overstaying and not working without a permit when you visit Canada.

The immigration officer will not “harass” you because you are now married. However, you should expect to provide explanations about the reason for your visit and whether you are considering living or working in Canada. You should be honest with them as you could be barred from Canada for approximately five years for misrepresentation and have difficulties with future applications.

SPONSORSHIP

You explained that you both have work commitments and that your husband needs to prepare for you to live permanently with him. That is a good thing. However, I would recommend that you consult with an immigration lawyer to provide you more information about the process.

Although your sponsor will need to provide an undertaking to sponsor you and your minor child, as well as proof of employment and tax returns, he is not required to own a home. It is perfectly fine to be renting a home at the time of application.

The application will take some time to process, especially since you have a minor child to think about as a part of the application. Waiting on an application to be completed when you are ready can be very stressful for couples. Therefore, I recommend, that you apply while you are busy with your lives so that when the application is completed, you can decide on the next step.

VISA APPLICATION

Since your child is a minor, you or your lawyer will be responsible for applying for a temporary resident visa on her behalf. You will be required to provide a letter from her school, birth certificate, your job letter, financial statement, and information about your husband.

Since you have a husband in Canada you will need to provide evidence that your daughter has stronger ties to your home country that will motivate her to return home at the end of the time granted to visit Canada. A letter of explanation should be submitted with the application.

You have already taken the major step of getting married. The next logical step that you should be considering is the sponsorship application for your child and you. Once you have your confirmation of permanent residence, you will be permitted to travel back and forth, although you will need to be mindful of the rules regarding renewal of permanent residence card and application for citizenship.

If you and your husband are concerned about eligibility and the application process, then you should speak directly with an immigration lawyer to discuss the details of your case, including the advantages and disadvantages of the ‘In-Canada’ or ‘Outside Canada’ Sponsorship application.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. Send your questions ad comments via www.deidrepowell.com. Find her on Facebook and Instagram for the latest immigration updates.