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| Subject: Bringing my Common-Law Partner to Canada |
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Hi,
I am a born and raised Canadian citizen and I want to sponsor my common law wife from Bermuda. She lived her for 2 years while studying (We lived together for 13 months in Canada), and approximately 8 months ago, on a visit, we took an oath of common-law. We have been living seperately to make money to start our lives here.
I need to know if I can bring her back from Bermuda with me and start the process for PR in Canada as supposed to waiting for the PR application from abroad? Also, if possible, what will I need to bring with me at to the airport?
I am aware of all the info available on the immigration site but it is a little ambiguous so I am looking for a little direction. I will also be in contact with our local immigration office.
[13-06-2010,23:41]
[***.94.8.106]
jl1984 |
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(in reply to: Bringing my Common-Law Partner to Canada)
Quote "I am aware of all the info available on the immigration site but it is a little ambiguous so I am looking for a little direction. I will also be in contact with our local immigration office".
There you go, www.cic.gc.ca
and READ!
You should apply from outside of Canada, read the CIC and you will find out why.
What part of what you have read is ambiguous?
[14-06-2010,14:32]
[***.115.153.178]
DocD |
(in reply to: Bringing my Common-Law Partner to Canada)
Hey man listen, I´ve read this thing over many times, gone to the office in Ottawa, been told to follow path A, B, and C (when she was here on a student visa) wich cost me over $1000 only to have my window of opportunity run out because immigration´s left hand can´t tell the difference from the right Being aware of the "outside of Canada" application, the content, the time involved, I am looking to cut this time down. When my father came over from Spain with my mother (canadian citizen) (in the 80´s), he had no previous applications filed, he was given a temporary visa at the border and had his paperwork sorted out here. The same process was repeated for my uncle in the early 90´s with his canadian wife.
So my question, to make it clear for some, is: HOW DO I GET MY COMMON LAW WIFE HERE ASAP WITHOUT WAITING 10-12 MONTHS FOR AN OUTSIDE OF CANADA APPLICATION? Can I get her in here on a visitor´s visa and start the in-canada application?
Anyone who has previous experience with this type of issue please help, If you are just going to refer me to the website or the office, don´t bother.
Thanks
[15-06-2010,00:09]
[***.34.229.196]
jl1984 |
(in reply to: Bringing my Common-Law Partner to Canada)
Jl1984
Relax when you do not understand something which is logical to others it may be difficult to listen.
What you want is the whole cake and not to share it with anyone else.
Look at the information you provided.
We lived in Canada together for 13 months!
Approximately 8 months ago we took an oath on a visit to live common law!
We have been living seperately to make money to start our lives here.
She is in Bermuda.
So if your (living apart) how can you be a common law couple????
SO LETS YELL AT ONE ANOTHER *****
THIS WONDERFUL LADY IS NOT YOUR COMMON LAW WIFE!
Marry her and apply outside of Canada.
six months processing and the only one delaying the processing timeline is you!
Roy
cvimmigration.com
[15-06-2010,07:29]
[**.71.122.199]
Roy |
(in reply to: Bringing my Common-Law Partner to Canada)
Sorry, I´m getting frustrated.
She lived here for just over 2 years (2007-2009), 13 months of which we lived together (2008-2009). 8 months ago we took an oath (one month after she went back to Bermuda), we have joint bank accounts, proof of residence, trips to Europe, etc...
According to the CIC website, we meet the criteria:
"Common-law partner
You are a common-law partner—either of the opposite sex or same sex—if:
you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)
You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:
joint bank accounts or credit cards
joint ownership of a home
joint residential leases
joint rental receipts
joint utilities (electricity, gas, telephone)
joint management of household expenses
proof of joint purchases, especially for household items or
mail addressed to either person or both people at the same address."
The commissioner of Oath also stated that we met the criteria thus why she proceeded.
This is where the ambiguity kicks (to my earlier comment).
- Thanks for the feedback, but I´d like to ask why we are not common law?
- Quote: "So if your (living apart) how can you be a common law couple????" --> Why is there an outland application for a common law partner if you can´t be common law and live seperately?? (Maybe my earlier explanation wasn´t clear)
- Another question, since Bermuda is part of the Commonwealth (remains a British colony), can this have any type of influence on the application?
Any feedback would be greatly appreciated and again my apologies for a late night rant.
[15-06-2010,10:09]
[***.34.229.196]
jl1984 |
(in reply to: Bringing my Common-Law Partner to Canada)
why not common law...because you have been living apart for 8 months.
family class is archaic in many respects. The only iron clad proof of relationship is a marriage certificate if you are living in separate households.
[15-06-2010,13:22]
[**.154.245.217]
Sharon |
(in reply to: Bringing my Common-Law Partner to Canada)
Just for clarification, the oath we took, as soon as she leaves it becomes null and void? She had to leave due to expiry of her student Visa, for no other reason. I have gone to visit her once and she has come here twice in 8 months. What I do see here is that we don´t currently have a household setup (this might be where we get disqualified but we did live together until she returned home and have the proof), but we are about to purchase a house together for her eventual return.
And I am still puzzled as to how you can have an outland application for a common law spouse if once you move apart, you are no longer common law. - Response to why this exists if anyone knows, would be great.
I do see the only iron clad proof of relationship is marriage but in our case, marriage is something sacred to our families and would become artificial to rush in to it for Immigration purposes. We are engaged, were looking to get married in summer 2013 somewhere abroad (Europe, Bermuda). If it is the only way, we would have to bite the bullet and do it sooner at the dismay of both our families.
Thanks!
[15-06-2010,18:51]
[***.34.229.196]
jl1984 |
(in reply to: Bringing my Common-Law Partner to Canada)
Common Law is a Charter issue in Canada - therefore it has to be included. You could try a conjugal application but it is pretty much a waste of time and money as there is no impediment to the both of you getting married other than your own personal hesitation.
I am not trying to piss you off... OK? I am telling you how CIC thinks - CIC is not in the business of letting people check out whether they get along or not. As you have said - marriage is sacred and you are not ready to rush into something you are uncertain about. Good for you. However, family class immigration is a courtesy to Canadian residents to have their fully certain spouse (married or common law) join them in Canada. Anything else is viewed as a potential relationships of immigration convenience.
If you want to explore your relationship further and not commit before your ready to do so... she needs to come on her own merits - as a student, a temporary worker or a visitor OR, you go there.
[15-06-2010,20:05]
[**.154.245.217]
Sharon |
(in reply to: Bringing my Common-Law Partner to Canada)
Sharon! I know you are not trying to piss me off lol I am asking these questions legitimately and I do really appreciate the feedback I am getting as I have gotten more info from this site in the last few days then in months from CIC.
The reason I keep pushing the issue and asking is because at immigration (ottawa office on Catherine st) they told me that common law partners get equal treatment as married couples. In that same conversation, he told us that she should go back home and start an outland application and wait, OR for both of us to leave and come back with proof of the relationship for the Immigration Officer at the airport and then start an inland application (which meant she couldn´t leave until she had PR according to them). And again, I was mistakenly mislead I´m sure (First time, we were mislead twice as to how to transfer a student permit to a student working permit - for an apprenticeship - and her window for renewal expired). This is why I´m freaking out now as I was supposed to go get her in September and both return for good. However, that now seems unlikely. Now due to my lack of trust for the information I´ve gotten from them I am reaching out to see if anyone has been in the same situation.
As for the commitment piece, we are completely committed to each other as our Oath is supposed to represent, we are engaged and want a dream-style wedding where all of our family members and friends from all over the world can attend. If we didn´t want a ceremony like that to line up with our family traditions, we´d get married in Vegas or a small ceremony at the earliest opportunity. Which is looking more and more like the only way.
Now if we did run off and get married, would we come back together or would we have to wait seperately until the whole application went through?
[15-06-2010,21:35]
[***.34.229.196]
jl1984 |
(in reply to: Bringing my Common-Law Partner to Canada)
you are getting correct information from the ottawa office but there is fine print attached to everything. I would be ticked too.
An inland application sucks. It takes FOREVER and your girlfriend cannot work during the process unless she is already here on her own merits. Not only that... if CIC decided to decline you application - there is no appeal. Disaster.
I fail to see how an outland application with a common law status is going to fly - especially now that you have been living apart for 8 months. You could try with lots of documentation but I really and truly would be surprised to see them give it a green light. Roy agrees and he actually earns a living at this stuff.
I understand the big celebration idea. You can still do it - and you should! You would not be the first couple to have a city hall wedding and then have the big party once everything is sorted out. I know it is not the perfect solution but this whole immigration thing throws a real wrench in the fairy tale department.
[15-06-2010,22:14]
[**.154.245.217]
Sharon |
(in reply to: Bringing my Common-Law Partner to Canada)
I think that is the best solution that satisfies our needs really. I will speak to her about this as the solution does throw a little wrench in the fairy tale department but truly celebrating with the family at a later date is just as good because having everyone together is what counts.
Sharon, Roy, I truly do appreciate your help and your insight! I will come back to visit and get some feedback sometime soon!
I also want to apologize for my rants from yesterday, it was not with bad intentions just a venting of frustrations at this new road block.
Cheers!
[15-06-2010,22:48]
[***.34.229.196]
jl1984 |
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