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Family Class scenario - thoughts pls

Family Class scenario - thoughts pls

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Old May 31st 2005, 5:41 pm
  #1  
John Thom Don
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Default Family Class scenario - thoughts pls

Hi all,

I've just recently got my permanent residency visa and will arrive in Canada July 11th.

I'd be grateful if you could give your comments on my situation/likelihood of success cos I'm a bit sketchy on the family class side of things.

My girlfriend and I started seeing each other March 04 (6 months after my visa application), I moved in with her June 04 and we now have a joint bank account and some of the bills are in my name etc. We have been on a number of holidays together and have pictures/visas in passports etc to prove this. I am now good friends with her family and she with mine. My girlfriend has never been to Canada yet but will stay with me for 2 weeks back end August, she then plans on applying for a family class visa with me as sponsor in September (as long as she likes it!!!).

Does this sound reasonable? Is there any obvious things I should've thought of? Is it better for her to apply from UK, or to come and stay with me in Canada and apply from there whilst on tourist visa?

Any help u can give would be appreciated, I don't wanna lose her but starting a new life in canada is something that I've just got to do.

John
 
Old May 31st 2005, 8:01 pm
  #2  
 
Joined: May 2004
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Default Re: Family Class scenario - thoughts pls

Hold your horses now!!!!

If you moved together in June 2004 and live together as common-law partners (it seems like) and you didn't notify visa post about the fact then your visa may now be invalid as your common-law partner hasn't been examined and visa post wasn't notified about change in your marital status (becoming a common-law is a change in marital status nowadays).

Even if you continue to omit the information and land as single then (1) you want be able to sponsor her ever and (2) your own PR status may be at risk.



Originally Posted by John Thom Don
Hi all,

I've just recently got my permanent residency visa and will arrive in Canada July 11th.

I'd be grateful if you could give your comments on my situation/likelihood of success cos I'm a bit sketchy on the family class side of things.

My girlfriend and I started seeing each other March 04 (6 months after my visa application), I moved in with her June 04 and we now have a joint bank account and some of the bills are in my name etc. We have been on a number of holidays together and have pictures/visas in passports etc to prove this. I am now good friends with her family and she with mine. My girlfriend has never been to Canada yet but will stay with me for 2 weeks back end August, she then plans on applying for a family class visa with me as sponsor in September (as long as she likes it!!!).

Does this sound reasonable? Is there any obvious things I should've thought of? Is it better for her to apply from UK, or to come and stay with me in Canada and apply from there whilst on tourist visa?

Any help u can give would be appreciated, I don't wanna lose her but starting a new life in canada is something that I've just got to do.

John
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Old May 31st 2005, 8:12 pm
  #3  
John Thom Don
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Default Re: Family Class scenario - thoughts pls

I see your point, does it matter that the 12 months co habitation required to qualify as common law wasn't reached until after my visa was granted so effectively she wasn't my common law partner during the visa process.

I can't believe I'll be the first person that ultimately tries to sponsor someone they got together with during this ridiculously long wait for a visa.

John
 
Old May 31st 2005, 8:57 pm
  #4  
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Default Re: Family Class scenario - thoughts pls

I suggest that you land asap just before the 12 months pass, this way you would be in the safe side but if you land after the 12 months period and later try to sponser her you would face troubles.
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Old May 31st 2005, 9:09 pm
  #5  
 
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Default Re: Family Class scenario - thoughts pls

You stated that you moved in in April, so it already lapsed. It doesn't matter when visa was issued - it matter that (1) you are common-law partners and (2) you didn't land yet. But it is really irrelevant as you became de-facto common-law partners when you moved in together. If you continue hiding the fact and try to sponsor your partner later you won't be able to claim pre-landing period as common-law anyway or you will face more problems that you bargain for.

Originally Posted by John Thom Don
I see your point, does it matter that the 12 months co habitation required to qualify as common law wasn't reached until after my visa was granted so effectively she wasn't my common law partner during the visa process.

I can't believe I'll be the first person that ultimately tries to sponsor someone they got together with during this ridiculously long wait for a visa.

John
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Old May 31st 2005, 9:23 pm
  #6  
 
Joined: May 2004
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Default Re: Family Class scenario - thoughts pls

Contact visa post immediately, tell them that you didn't realize that you must notify them about common-law partner and ask for instructions how to add your partner to your case now. If you are lucky visa post will send instructions after you return your visa and you will be able to make addition. Good luck and do it pronto.

Originally Posted by Andrew Miller
You stated that you moved in in April, so it already lapsed. It doesn't matter when visa was issued - it matter that (1) you are common-law partners and (2) you didn't land yet. But it is really irrelevant as you became de-facto common-law partners when you moved in together. If you continue hiding the fact and try to sponsor your partner later you won't be able to claim pre-landing period as common-law anyway or you will face more problems that you bargain for.
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Old Jun 1st 2005, 6:54 am
  #7  
John Thom Don
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Default Re: Family Class scenario - thoughts pls

Hi,

Thankfully this is a later in the year potential scenario with dates amended to make a point. But thanks for your feedback, there are obviously some pitfalls I need to be aware of.

John
 

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