Surname Dilemma for Spousal Sponsorship Docs

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Subject: Surname Dilemma for Spousal Sponsorship Docs
  Hi All,

I am Canadian born, but have lived in the USA for 29 of the last 30 years. I´m almost 50.

I am not sure what surname I should use on my application to sponsor my spouse. My birth certificate in Canada reflects my maiden name, but since then I have married and changed my name 3 times.

In Canada I changed my name only one time from my original maiden name - I changed the name to my first married name in 1999. I lived in Canada for one year at this time.

After I moved back to the US, I divorced (all spouses were/are American) but did not change my name with OHIP, so my (expired) OHIP card reflects my first married name. So does my expired Ontario drivers licence.

After I had my first divorce I eventually married again but divorced from 2nd husband and am now married again (for good!!).

I did notify Revenue Canada earlier this year over the phone of my current married name, and have received a letter from them this year addressed to my current married name at my current USA address.

I do have all marriage certificates and divorce decrees so I do have a paper trail. I just don´t know which surname to use on the spousal sponsorship application. I do not have a Canadian passport, just my birth certificate which obviously states my birth maiden name.

Do I use birth name (1st surname) on birth certificate, or 1st married name (2nd surname) I changed to with Canada in 1999, or my current married name (4th surname)? (I´m just ignoring married name #2 (3rd surname) as Canada never knew about that one anyway.....

So confused.

Help. Please.

[11-11-2011,17:08]
[**.201.16.99]
Jo K.E.M.P.
(in reply to: Surname Dilemma for Spousal Sponsorship Docs)
What´s your legal name on your social insurance number? That is what I would use. Attach a note that indicates all the various ID´s you might have. Also advise that you may now be in the system with the name you gave Revenue Canada.

Bigger problem... you have been out of the country for 29 years and you want to sponsor your husband. You are dreaming unless you are able to show that you are returning to Canada to live. That means a home or a job or both.

[11-11-2011,20:10]
[**.156.43.208]
Sharon
(in reply to: Surname Dilemma for Spousal Sponsorship Docs)
Thanks, that is a good suggestion. To use the name on the social insurance card, with an explanation.

Regarding what you consider a "bigger problem" I don´t see any legalities preventing a Canadian citizen (by birth) from sponsoring her spouse. Also, for clarification, I lived in Canada from 1999 to 2000, so I have been back much more recently than 30 years :)

The Sponsor Residency Declaration is part of my sponsor application so the fact that I live outside of Canada at this time is not unusual or a deal-breaker for the sponsoring process. For more information on "who can sponsor" please see this guide:


http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf

If anybody else has any insight or tips, please feel free to share.

[11-11-2011,23:13]
[**.201.16.99]
Jo K.E.M.P.
(in reply to: Surname Dilemma for Spousal Sponsorship Docs)
I am familiar with the guide. The ´bigger problem´ is bigger than you think.

Make sure you can prove your intent to return to Canada.

Canada is not in the business of granting residency to those who have no intention to reside.

[12-11-2011,02:00]
[**.156.43.208]
Sharon
(in reply to: Surname Dilemma for Spousal Sponsorship Docs)
The process of sponsoring a spouse is very lengthy, involved and costs money. I can´t imagine there would be too many people lined up who would voluntarily subject themselves to the process without the intent to actually live in Canada.

Additionally, it is my understanding that once approval is granted there is a deadline that the sponsored person must "land" in Canada or the approval is useless. I guess more paperwork and fees could be the next step - followed by more and more - but at a certain point - how realistic is what you´re suggesting. One doesn´t go into a restaurant and order dinner if they have no intention of eating the food. Well, maybe once if there are extenuating circumstances, but not on a regular basis - as that would be a waste of time, effort and money.

So, yes, I guess a person could fill out tons of personal and mostly confidential information, spend many many hours of personal effort, pay literally thousands of dollars in order to meet the burden of proof required by the Canadian government (govt fees, med tests/exams, photos, security clearance, legal documents, legal fees etc.....not to mention relocation costs in general) but all that is for nothing if the sponsored person doesn´t show up in Canada and live there.

While I think the availability of support and information on the internet is truly helpful, those offering those things really should keep in mind that not everybody is a scam artist. Life happens and not everyone gets to have a stable life in one place. I didn´t offer up personal details of my life, because it is nobody´s business, nobody would really care anyway, and most importantly, they are irrelevent to the sponsoring process.

The dream of returning to Canada has kept me going for many years, and now that I am in a position to finally make it happen, no anonymous jaded person on the internet is going to succeed in tarnishing my dream.

Offering up help with one hand, only to slam the person you´re helping with the other hand is not very Canadian. And I know this because I am Canadian. My name is Jo and I am a Canadian.....lol ;) (That should age some people!)

If anybody else has any insight or tips, please feel free to share.

Thanks :)

[12-11-2011,11:09]
[**.201.16.99]
Jo K.E.M.P.
(in reply to: Surname Dilemma for Spousal Sponsorship Docs)
Dear Jo, nobody is slamming you - just alerting you to some realities that may or may not make sense to you.

The cost of immigration is cheap compared to the benefits of that passport. If you were living in Canada for the past several decades you would be reading about this in our newspapers on a regular basis.

Canada has a huge challenge: PR´s arrive in Canada, get their citizenship and attempt to go back to live in their countries of origin. They marry and then attempt to sponsor their spouse from abroad with no intention of leaving their native country. Why? In some instances a passport is more than enough reason, opportunity for schooling, government protection in the event of crisis (Libya is a recent example.)

You are right, not everyone is a scam artist but the burden of proof is yours. Immigration is not a court of law where you are innocent until proven guilty.

CIC has operational manuals online for free that will give you more information about how applications are processed. I would encourage you to read them to know how CIC thinks and responds to information provided by applicants.


[12-11-2011,14:15]
[**.156.43.208]
Sharon
(in reply to: Surname Dilemma for Spousal Sponsorship Docs)
"CIC has operational manuals online for free that will give you more information about how applications are processed. I would encourage you to read them to know how CIC thinks and responds to information provided by applicants. "


I´ve read a few. Are there any in particular that I should know about? I came across them by accident actually - but they all point (at least the ones I´ve read) to the premise of: provide factual information, be honest, don´t misrepresent and follow the rules. Either one qualifies or one doesn´t.

According to what I´ve read, and after consulting with an attorney or two, I qualify for the sponsorship process.

I can understand people without any ties/relatives/roots raising an eyebrow when they declare that they want to move to Canada, but a Canadian by birth moving back from a neighboring country who has maintained ties with relatives and who doesn´t require financial assistance, well, that shouldn´t sound the alarms, in my opinion.

There is no way that I know of to prove my intent to live in Canada until I show up. I´ve tried opening up a bank account but have been told by multiple banks that I can´t do it until I live there. I do have a Social Insurance number, but can´t find a bank that will work with a USA resident. I can´t take out a lease or buy a home until we know when we´re approved. We´re not quitting our current jobs until we know when we´re approved, and we can´t actually apply for jobs as we don´t know when we´ll actually be there, as the sponsorship process can takes months or years. ( I actually have my own corporation so my verifiable income follows me, and any job I take in Canada is in addition to my current situation)

We CAN formally state on official documents ( Sponsor Residency Declaration ) and promise the Canadian government that as soon as we are approved we will take all expedient steps to actually leave the USA and reside in Canada.

If you or anyone can suggest ways to prove our intent to move prior to being approved and being able to move, I welcome your suggestions.

Please keep in mind that as soon as the application is submitted my husband is not even allowed in Canada until the application is approved. He is highly educated and the type of job he would be seeking would require in-person interviews at minimum, so his hands are tied until he can legally enter the country upon approval. He is familiar with the area we want to relocate to from vacations we´ve taken.

Again, if you can point me in the direction of any literature, operations manuals - ANYTHING - that will help me to do everything possible to make the process go as smoothly as possible, I would really appreciate that.

Thanks :)

[12-11-2011,14:40]
[**.201.16.99]
Jo K.E.M.P.
(in reply to: Surname Dilemma for Spousal Sponsorship Docs)
Even though you are right about the job scenario, it may not hurt to show that you are making inquiries.

Make sure your documents show all of the information you have stated in your post. See if you can´t get a Credit Union to work with you.


[12-11-2011,18:38]
[**.156.43.208]
Sharon
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