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| Subject: spouse has legal guardianship of orphan brother |
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here is my case issues if anyone has any advice please do respond as we cant eat or sleep these days from worry.
my husband with whom i have two biological children is egyptian citizen, i am canadian citizen by birth, he has legal guardianship of an orphan 16 year old brother who is solely dependant on him for everything and lives with us, I have lived with my husband for 3 years in his country of egypt. my first question is there any way to add this brother on our application to bring him with us as adoption is not legal in egypt and cic gives different answers, the embassy here wont give any info and doesnt respond to emails i have sent and just says its hit or miss all the immigration consultants and lawyers i have contaced dont know the answer as well. how do we bring this child with us, he cant be left behind in the street and no family member is able or willing to take him plus he is like a son to me and attached to our children and family since losing both his parents in the last 4 years.
second question:
since living here i have maintained significant residential ties with canada and for tax purposes canada revenue considered me a factual resident as of canada even if i am in egypt. i just came back to egypt after a 3 month period on social assistance for a high risk pregnancy and since airline do not allow one to travel with two kids under age two (there must be one person for each baby) i cant leave until my husband gets PR god willing. i came back so he could not miss the birth of his second child with me. although i reside with my mother when in canada and keep my furniture and stuff there and her bills utilities are in my name and all my bank accounts and credit cards are canadian and maintained can i apply as if i were inside canada although im physically present in egypt due to the birth and cant leave (nobody to travel with the kids for me) it mentions somethign about if your abroad as a tourist you are not considered living exclusively outside canada...so what should i do what is better because i dont have proof of intent to return to canada such as job offer or educational acceptance etc. although i hate egypt and we are dying to get out of here but had to wait 3 years for my husband to know if he would be exempt from military service (an egyptian obligation for al men) which we just found out he is exempt so we can immigrate now.
lastly i claimed "divorced" on all my previous taxes and CCTB applications because I was under the impression that to be considered "Legally married" the marriage must have been authporized at the embassy abroad to be recognized by canada as valid marriage...will this affect us? we were married first by islamic ceremony then registered it with EGYPTIAN officials only in 2004.
Any help would be greatly appreciated so we can have some peace of mind.
do we need a lawyer to get this done and accepted? we are just not that rich to get one to be frank.
my mother will house us when we get there until he finds work (he is a doctor here) and i imagine he could work atleast as a respite care person there, and he intends to apply to redo part of medical school in dalhousie university instead of mccee to gain canadian training and standards of medicine...we have plans but no proof
any help comments big or small would be so helpful.
sincerly,
real family
[24-01-2007,18:23]
[***.204.218.69]
real family |
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so desperate to get out of egypt as one family (in reply to: spouse has legal guardianship of orphan brother)
please if you have anything to comment or experience say even a word to us! thx
[24-01-2007,18:27]
[***.204.218.69]
real family |
(in reply to: spouse has legal guardianship of orphan brother)
First - IF you are a Canadian citizen, you can apply to sponsor your husband for Permanent Residency while you´re living with him in Egypt. If you are only a Permanent Resident of Canada you will have to come back to Canada in order to sponsor him. Second - whether Canada considers your marriage legal or not is irrelevant. IF you can prove you´ve lived together for more than a year you will qualify as common-law partners, whether they recognize your foreign marriage or not. So this would also address your worry about filing tax returns in Canada as "divorced". Married or not, when applying for PR there is a burden of proof required on the part of both you and your partner to convince CIC that the relationship is a genuine one, and not just a bid on the part of the applicant to gain entry to Canada.
Now, the "potential problems" - and I say that because I´m not an expert and I don´t have any "authoritative" answers for these questions. Probably nobody else does either, thus the lack of response to your inquiries. Potential problem #1 - your husband´s orphaned brother. You say your husband is his "legal guardian", and yet you say that adoption is not permitted in Egypt. What paperwork do you have designating your husband as his legal guardian? Are you also designated as his legal guardian? This could be an important factor as you are going to be the sponsor, but I´m not sure. My husband does not need legal guardianship of my daughter in order to sponsor her, along with me, for PR - so it may very well be that your husband having legal guardianship of his brother will be enough for you to sponsor the two of them. But again, I don´t know - it´s only an assumption on my part. Another assumption - even if adoption is not permitted in Egypt, it may well be that your husband has the necessary documentation to get his brother to Canada, and then legally adopt him here. Start there. Potential problem #2 is that you received social assistance while you were last in Canada, but if I´m not mistaken, as long as you are not currently on social assistance, I think you´re okay.
I would suggest that you download the application packet (links provided below) and start filling out the paperwork to sponsor your husband and his brother to Canada. Include with your application all of the evidence you have that proves that his brother is orphaned, and that he is dependent on the support of your family. Answer all the questions on the application completely and honestly, and don´t "skimp" on providing all the evidence you can on behalf of your relationship and your family dynamics. Then, submit the application to the Case Processing Center in Mississauga and wait. You should hear whether you´ve been approved as a sponsor within about 45 days. That´s the first hurdle.
If you are approved as a sponsor, the file will be transferred to Cairo to process the applicant. Certainly they are well informed regarding the cultures and customs of the area - and if there are questions in regards to the "legality" of bringing the orphaned brother to Canada, they will address those issues with you in an interview. In my opinion, you can wonder all day long and you won´t get anywhere - all you can do is take the first step forward and see how it goes. I would go as far into the process as I could without the help of an attorney. It doesn´t take a degree in rocket science to properly fill out application forms and submit the documentation they require. You just have to be as informed as possible, and careful and thorough with your responses on the application. Use the document checklists CIC provides to make sure you´ve pulled together all the information they require. Cross all your "t"s and dot all your "i"s - and put n/a in every area of the forms that don´t apply to you so they don´t have questions as to whether you skipped something. There is always time and opportunity to call in an attorney if you get stuck down the line somewhere and need assistance. Hope this helps.
Here are the links:
Sponsorship Forms - http://www.cic.gc.ca/english/applications/fc.html#sponsor
Applicant Forms - http://www.cic.gc.ca/english/applications/fc.html#immigrateRegional Guide and Region Specific Forms for Egypt -
http://www.cic.gc.ca/english/pdf/kits/guides/3912e.pdf
Additional Pertinent Information -
http://www.cic.gc.ca/english/pub/you-asked/section11.html#14
http://www.cic.gc.ca/english/applications/guides/3900E2.html
Good Luck.
[24-01-2007,20:27]
[**.142.9.210]
oromum |
mistake (in reply to: spouse has legal guardianship of orphan brother)
I made an innocent na?ve mistake by just mentioning the names of applicants (my wife and my daughter who have Egyptian passports) in the application. I did not want to get Canadian green card for my other 4 kids (oldest is 5 years and youngest is 1.5 years) who have American citizenship.
Does this affect my landing and citizenship application later on?
I am feeling very nervous about the current situation and I need your advice urgently. I want to make my landing before March 1st, 2007 with my wife and my daughter only. I hope you find a solution that does not delay my landing because I want to have the green card very soon.
[26-01-2007,17:44]
[***.138.47.17]
mrlucky |
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