Application Questions

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Old Oct 31st 2011, 3:45 am
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Default Application Questions

Hey Everyone!

My partner and I are just about to send off our application for the common-law visa and are having trouble finding a few answers! Tried a few immigration phone numbers, but no luck finding someone to speak to.

1. Documents Certified - does anyone have any info on what exactly needs to be certified? We have heard some conflicting things such as only identification documents, all the way up to everything including cards and letters to each other?

2. In the region specific guide, there is a 2nd document checklist. Does this need to be included in the application as well as the main one?

3. My partner is a Canadian citizen, but we are currently both living in Australia. On form IMM 5540, if you are not living in Canada currently, you have to provide evidence of your intent to reestablish yourself in Canada. We are moving there to live near all of her family, etc. Any ideas on what you can use as proof besides property, job offers, etc.?

4. The form IMM 5409.... are we correct in assuming this only needs to be filled out if the common-law partner is a co-signer? And not if you are sponsoring your common-law partner?

5. And lastly on the IMM 5490, question 22/23 asks if there was a formal ceremony or reception to celebrate the commitment. We meet all eligibility requirements, however are not engaged or married and therefore no ceremony has taken place. Do you think they will accept simply "Our engagement and marriage has not taken place yet; therefore there has been no formal ceremony"?


Thanks everyone in advance for your help!!!
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Old Oct 31st 2011, 10:02 am
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Default Re: Application Questions

Hi Cheltaz,

I'm also in the process of applying for common-law sponsorship, where I'm the Canadian and my fiance is a Brit. I've had pretty much the same questions as you, so I'll write in what I'm doing for them, though take it with a grain of salt as I'm not 100% sure I myself am doing it correctly and so will be following this thread!!

Originally Posted by cheltaz
1. Documents Certified - does anyone have any info on what exactly needs to be certified? We have heard some conflicting things such as only identification documents, all the way up to everything including cards and letters to each other?
There are some forms that say "please provide photocopies" - those we're not going to worry about having certified since it says to just provide a photocopy.

Cards and letters I'm a bit more on the fence about. You won't get any originals back, but it seems a bit ridiculous to have those things certified. We still haven't decided whether or not to certify those copies; we are debating just sending originals anyway and keeping the handful of things we'd like to keep to ourselves (or maybe sending 90% originals and a few photocopies of the ones we don't want to lose, in which case we won't certify those few).

Will be interested in seeing what others have done.

2. In the region specific guide, there is a 2nd document checklist. Does this need to be included in the application as well as the main one?
This caused so much confusion for me, but yes, you fill out ALL the forms on all the checklists, and send everything over to CPC-M. CPC-M will approve your spnsorship, then forward your whole package to whatever office you're applying through.

3. My partner is a Canadian citizen, but we are currently both living in Australia. On form IMM 5540, if you are not living in Canada currently, you have to provide evidence of your intent to reestablish yourself in Canada. We are moving there to live near all of her family, etc. Any ideas on what you can use as proof besides property, job offers, etc.?
We weren't sure what to do for this one as well - who has a job offer and a property sorted out 1+ years in advance?! My fiance joked that "the fact that I'm filling out this mound of paperwork should be proof enough!". Anyways, what we're going to do is write and sign and certify a letter, signed by the both of us, just saying that I'm hoping to transfer with my current employer and have been in informal, verbal discussions with them already, that my fiance is going to be looking for work in Canada before we move as he wants to move with a job sorted out, and that when we move, we will be moving in with my parents initially while we settle in Toronto and look for our own house. We are also going to have my parents write, sign, and mail us a letter saying that they acknowledge that we will be living with them while we sort out our own place.

4. The form IMM 5409.... are we correct in assuming this only needs to be filled out if the common-law partner is a co-signer? And not if you are sponsoring your common-law partner?
Yes. IMM 5409 is only if you and your common-law partner are co-sponsoring a third person, not if one is sponsoring the other.

5. And lastly on the IMM 5490, question 22/23 asks if there was a formal ceremony or reception to celebrate the commitment. We meet all eligibility requirements, however are not engaged or married and therefore no ceremony has taken place. Do you think they will accept simply "Our engagement and marriage has not taken place yet; therefore there has been no formal ceremony"?
Yeah we wondered this as well. We're just answering no, we haven't had a formal ceremony, however, we are engaged, and we are getting married in April next year, and we're enclosing a copy of our wedding contract as proof of that. In your case, I would just write what you've talked about above - you're simply not engaged yet, so there hasn't been a ceremony, but there will be one once you're engaged and married. I think it's the sort of thing where someone had a non-binding blessing of sorts, or I saw in another thread where the couple was same-sex and living in a country where they couldn't marry so they just had a non-legal ceremony. I'm sure it's the kind of thing they see often where people have been together for awhile but haven't yet married or even gotten engaged, so answering no is not all that uncommon there.

Hope that helps with your questions - I'll be watching this thread to see what others respond!
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Old Oct 31st 2011, 7:33 pm
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Default Re: Application Questions

Hey SchnookoLoly,

Thanks so much for that!!! Very helpful. It feels better just knowing others have looked at the same questions with confusion! I have sent off a formal email to the Canadian consulate here in Australia asking the same questions, so I'll post the response if I ever get one. Good luck with everything!!
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Old Oct 31st 2011, 7:54 pm
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Default Re: Application Questions

Let me know what the consulate there says, it would be great to have their input!!
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Old Nov 2nd 2011, 10:21 pm
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Default Re: Application Questions

Hey,

Here is the response we got from the consulate! Feels good that we have it all in writing, so if there is any discrepancies we can go back on this!
The only answer that doesn't make any sense is number 4.

1. You only need to have documents certified if specifically requested (see attached checklists) (They just attached the basic Document Checklist - Sponsor. So it doesn't look like there is that much to actually certify)

2. You will need to send the sponsorship application and the permanent residence application together to the Case Processing Centre in Mississauga. If the sponsorship application is approved they will forward the permanent residence application to our office.

3. You may include a letter with your intentions to move back to Canada ie where you plan to move, where you intend to seek employment etc.

4. You will need to complete IMM5409 if you are sponsoring a common-law partner for permanent residence to Canada.This answers doesn't make any sense.... we're still not going to include it as it clearly states on the document checklist this is only completed if you have a co-signer.[/I]

5. You may state you have not had a formal ceremony.



All in all though, seems to be what we thought! Fingers crossed it all goes through...
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