Living together overseas, is our case complicated?

Canada Immigration Forum (discussion group)


 
       
Subject: Living together overseas, is our case complicated?
  I have asked several lawyers and consultants re our case and am told it is complicated?

I don´t see it that way but of course I have no experience in this area so I don´t know what to think and what our chances of success will be.

I am a Canadian citizen living with my common law spouse in the Philippines for 3 years.

I am on pension, make good money, pay taxes in Canada and own my own home there. I have no criminal record or sponsorship issues.

I was previously married and have divorce certificate, separated 11 years. Was in a 5 year common law relatinship and have no legal seperation agreement, we had no kids and no assets. I just made a declaration of severance of common law relationship and signed it.

She is married in the Philippines (there is no divorce here) she has a separation agreement they both signed. Also affidavits confirming their date of separation from her lawyer, mother and cousin.

She is healthy has no criminal issues and can get NBI clearance. She was refused a tourist visa application in 2007.


We have a joint bank acct. Joint lease, joint monthly rent receipts, gym membership receipts monthly and cable bill. Also our drivers licence at the same address and mail to both of us at our address. I have 5 notarized letters from close friends validating our relationship and how long we have lived together.

We have purchased a building lot in both names in March 08 and recently a car in both our names. I have e mails from friends to me since Oct 06 when I met her validating how long we have been in our relationship.

We have e mails to each other when we were apart and her phone bill showing she called me every day.


I feel we have covered all bases, I would really appreciate it if some of the extremely knowledgable folks on this forum could offer their opinions of our chances to succeed to get my wife to Canada, god I want to go home.

Regards,

mr magoo.

[09-04-2009,09:47]
[***.55.51.100]
mr magoo
Mr. Magoo's sponsorship case (in reply to: Living together overseas, is our case complicated?)
The strength of a sponsorship case is a relative issue.

Is you case as straightforward as that of a couple married for 5 years with 2 kids together?No

Is it as weak as that of the folks I represent in the IRB who got married 6 days after the sponsor arrived in China?No


With client groups who are not TRV exempt CIC will take on the gatekeepers approach and will scrutinize the case carefully,in many cases preferring to let you fight an appeal in the Immigration Appeal Division than approving the case at the visa office level.
Sometimes CIC will consent to the appeal after an alternative dispute resolution (ADR) confrence.

But this is the bottom line:

the industry going rate for a sponsorship case is in the area of CAD$2,000.00.
Obviously you have to fork money for government fees,medicals,translations etc.Expenses you will incur whether you are represented or not.

CAD$2,000.00 is a fixed damage to your pocket.That is it.That is all the money you need to hire a reputable authorized rep.

If you make mistakes on this application and don´t present the case well, you might end up waiting for your appeal hearing for about a year.Assuming you win,it will take several additional months for the visa office to wrap the case.

I can understand why many economic class immigrants do not hire professional representation.They do not have ties to Canada and they are willing to roll the dice on the process.But in a spousal/common-law sponsorship case you have nowhere to go.Most people would fight to bring their partner until all options are exhausted.

If you absolutely cannot afford paying for full representation in the case, get someone reputable to review the complete application for you.I am sure you can find someone to take a look at the complete package before it goes to CPC-Mississauga.A couple of good tips might change the outcome for you.

Maybe you have a boat load of documentary evidence and you can really avoid paying someone but you admitted yourself you are struggling to properly asses your case.

Good luck

Amir

www.greatnorthimmigration.com

[10-04-2009,11:59]
[***.32.27.28]
Amir
Living together overseas, is our case complicated? (in reply to: Living together overseas, is our case complicated?)
Thanks for your response, but it sure didnt do a thing for me.

I know how to fill out the forms and I cannot evaluate the case because I am not an immigration officer or have any experience in assesing these cases.

That is exactly why I was hoping a senior knowldedgable member would help me with that, not solicit the fact that I should get help with my application.

I am confident it is thorough, well organized and feel we have done all we can, but would appreciate an opinion from an experienced person


Regards,

Raymond.

[11-04-2009,09:14]
[***.127.218.207]
Ray Crawford
Raymond (in reply to: Living together overseas, is our case complicated?)
It is a weak case.Good luck
[13-04-2009,13:01]
[***.32.27.28]
Amir
(in reply to: Living together overseas, is our case complicated?)
look at the online immigration manuals. everything the immigration officer looks for is there. it even tells them what they should do.

all that is for free and you will have a better idea what CIC is looking for and what your chances are.

[13-04-2009,15:51]
[***.20.116.15]
Sharon
Sharon (in reply to: Living together overseas, is our case complicated?)
He wants to know if the case is complicated or not.

How do you judge that?

I think one way is the issue of the interview.In clear cut cases the interview is waived.I do not believe it will happen here.

He can read the manuals 20 times and still won´t be able to dodge the interview.

I believe there is bias against TRV non-exempt applicants.

[14-04-2009,10:47]
[***.32.27.28]
Amir
(in reply to: Living together overseas, is our case complicated?)
I do not see interviews as the end of the earth. Our friend seems to have substantial evidence that the relationship is legitimate so what is there to fear?

I choose to differ with you on the manuals. They tell you exactly what CIC is looking for and what items of evidence add or detract from the application.

Reading the manuals is FREE. After that, if there is doubt... then it is time to get out the wallet.


[14-04-2009,15:13]
[***.20.116.15]
Sharon
Living together overseas, is our case complicated? (in reply to: Living together overseas, is our case complicated?)
Thanks Sharon for your response, it is much appreciated. Can you please tell me how to access the Immigration manuals?

And perhaps our very knowledgable friend Amir can explain to us why it is a weak case, I would be really interested in his rational.

Regards,

Raymond.

[15-04-2009,22:32]
[***.55.51.100]
mr magoo
(in reply to: Living together overseas, is our case complicated?)
http://www.cic.gc.ca/English/resources/manuals/op/index.asp

I believe you want OP2

[15-04-2009,22:56]
[***.20.116.15]
Sharon
(in reply to: Living together overseas, is our case complicated?)
"I was previously married and have divorce certificate, separated 11 years. Was in a 5 year common law relatinship and have no legal seperation agreement, we had no kids and no assets. I just made a declaration of severance of common law relationship and signed it.

She is married in the Philippines (there is no divorce here) she has a separation agreement they both signed. Also affidavits confirming their date of separation from her lawyer, mother and cousin.

She is healthy has no criminal issues and can get NBI clearance. She was refused a tourist visa application in 2007. " ---- Previous relationships on both sides of the case,previous TRV refusal(was the purpose of the application at least to visit YOU?),you are not married.

I am not saying a refusal is a certainty but it does not look like a straightforward case.

[20-04-2009,23:18]
[***.32.27.28]
Amir
Roy can you comment on this question please? (in reply to: Living together overseas, is our case complicated?)
I posted this question to see if our case is difficult or what our chances of success are. I have read the manuals and feel we have provided everything they are asking for.

May keep telling me it is not straight forward because we both have previous relationships? I dont think this is uncommon now a days to have people who have previous relationships and it is clear in the manual what they are looking for to show previous relationships have ended.

I just want to be sure I am not missing anything before I submit the package.

Your comments would be much appreciated.

Regards,

Mr. magoo.

[22-04-2009,23:46]
[***.55.51.100]
mr magoo