Q: I entered Canada over a year ago as a live in caregiver. I have never stopped emloyment and I will be eligible to apply for permanent residence by next summer. I am now involved with a same sex Canadian citizen. My partner wants us to get married and for me to leave my employer. I do not know if that is best for me as I feel reluctant to file a same sex application. Will immigration refuse my work permit application when I renew it if they know I am married? Is it best to apply as a sponsored spouse or should I wait until next summer?
A: Since you have worked for over a year under the live in caregiver program you may wish to consider having both applications going on at the same time. I do not know if your fiancee will like that but it is probably in your best interest. That is, try not to leave the live in caregiver program unless you are absolutely sure of the marriage. While it is rare, if the sponsorship breaks down and you leave the caregiver program, you will have nothing left. I therefore suggest you get married and file the sponsorship but keep on working as a caregiver. On the other hand, if you have no reservations about the genuineness of the relationship, you can marry and file for permanent residence as a spouse of a Canadian and then change your current work permit to a visitor next time around.
Atty. Henry Moyal is a certified and licensed immigration lawyer in Toronto. The article above is general advice only is not intended as legal document. Send your Canada sponsorship inquiries to his office phone 416-733-3193 or visit his website http://www.moyal.com
