Best course of action?

Old Mar 30th 2008, 11:03 am
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Unhappy Best course of action?

Hello guys and gals,

OK, to cut a long story short, it looks like I'm going to be offered a job in Vancouver.

The one problem is that my partner suffers from mild MS. She doesn't take any medication, and she's perfectly capable of working etc. We also have a 2 year old daughter who's the picture of health and I doubt will be a problem at all.

I know there have been a few threads about this, but they were all left off a little open, so...

Is there any point at all in us applying together under skilled workers, considering my partner will presumably cause us to fail in our application, being a dependent who fails?

I'm guessing so. There are no outward signs of her illness, I'm guessing we still have to declare it anyway, the medical isn't based wholly on the medical exam?

So is there any drawback to me applying for my daughter and I, and then sponsoring her on a family basis? I guess it might incur us being apart for some time? Would it be possible for us to all fly over together, but she land as a visitor, and then start the family sponsorship process from there, hoping she'll be given permanent residence before the six months is up?

I'd be eternally grateful for any help, it's a scary place not knowing what's happening/nor what could happen to us!

Thanks!
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Old Mar 30th 2008, 11:19 am
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Default Re: Best course of action?

Sorry for your dilema,

I think whatever route you choose there will become a time where there will need to be a medical for your partner if you intend to apply for PR.

I have not experienced this issue but wish you well
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Old Mar 30th 2008, 11:31 am
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Default Re: Best course of action?

Thanks. Yep, she'll have to take a medical whatever happens, but the difference is that if she applies as a dependent with me her illness could be deemed too much of a drain on Medicare, essentially, but this clause is waived if I sponsor her as a close family member after becoming a permanent resident myself.
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Old Mar 30th 2008, 11:38 am
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Default Re: Best course of action?

I see,

Wouldn't you have to prove your relationship at the time of sponsorship? They may wonder why you didn't declare her at the time of your application , especially if you have a daughter together.
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Old Mar 30th 2008, 11:51 am
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Default Re: Best course of action?

Originally Posted by OrigamiAirplane
Thanks. Yep, she'll have to take a medical whatever happens, but the difference is that if she applies as a dependent with me her illness could be deemed too much of a drain on Medicare, essentially, but this clause is waived if I sponsor her as a close family member after becoming a permanent resident myself.
This would be very unlikely to work if you have an established relationship that appears to be common law, or are married. If you don't declare her on your application as a dependent, when you should have done so, would make her inadmissible under the family class and she would have to apply independently. You would not be able to sponsor her.

If you try and mislead CIC, this could very well backfire on you big time in the future. Applying to sponsor her after you and your daughter have landed will raise questions.

Last edited by Surrey Expat; Mar 30th 2008 at 11:56 am.
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Old Mar 30th 2008, 11:53 am
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Default Re: Best course of action?

I think I would suggest that you talk to an expert, Andrew Miller is the man you want. You can find him here on BE. I also agree with what Surrey Expat said misleading will end in tears.

Wishing you good luck.

Charlie
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Old Mar 30th 2008, 12:10 pm
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Default Re: Best course of action?

Originally Posted by purple80

misleading will end in tears.
And possibly loss or PR or Citizenship if you got that far.
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Old Mar 30th 2008, 12:20 pm
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Default Re: Best course of action?

Originally Posted by OrigamiAirplane
if I sponsor her as a close family member after becoming a permanent resident myself.
Surrey Expat and purple80 are correct. Don't even think about trying it. That loophole has effectively been closed by CIC. If she is not examined at the time of your application, then she can never be sponsored as part of the Family Class. If you land without disclosing your relationship (e.g. land as single when you are married) your PR can be revoked.
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Old Mar 30th 2008, 3:16 pm
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Default Re: Best course of action?

Originally Posted by OrigamiAirplane
Thanks. Yep, she'll have to take a medical whatever happens, but the difference is that if she applies as a dependent with me her illness could be deemed too much of a drain on Medicare, essentially, but this clause is waived if I sponsor her as a close family member after becoming a permanent resident myself.
You can't do that. She has to be medically examined and meet the medical requirements for permanent residence when you apply. Otherwise you can't sponsor her later.
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Old Mar 30th 2008, 11:14 pm
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Default Re: Best course of action?

OK, thanks for all the advice, much appreciated.
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Old Mar 30th 2008, 11:21 pm
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Default Re: Best course of action?

Originally Posted by JAJ
You can't do that. She has to be medically examined and meet the medical requirements for permanent residence when you apply. Otherwise you can't sponsor her later.
I see.

Thing is, as you probably know, the "excessive demands" clause is waived during family sponsorship, so what if she's medically examined during my permanent residency application, and then comes later as a sponsored family member (incidentally we're common law partners, not sure how that affects things)?

That way we're playing fair and square, so..?


EDIT: and out of interest, what does someone do if they move to Canada, and then become partners with someone in the UK, e.g. during a family trip? Are they forever barred as they weren't declared during the initial application?
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Old Mar 31st 2008, 1:34 am
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Default Re: Best course of action?

Originally Posted by OrigamiAirplane
EDIT: and out of interest, what does someone do if they move to Canada, and then become partners with someone in the UK, e.g. during a family trip? Are they forever barred as they weren't declared during the initial application?
Any changes to the immigrant's family status after application must be disclosed to CIC before landing so that the application can be modified and the new partner must be examined. If the partnership is not disclosed there will be big problems. This has been discussed many times on these forums. The results haven't been pretty for those who have tried it.
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Old Mar 31st 2008, 1:40 am
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Unhappy Re: Best course of action?

Right, thanks. Looks like unless we can prove how mild her condition is, we're well and truly stuffed.

Which is somewhat terrifying because the industry I work in has all but up sticks and moved to Canada, leaving me behind to sink with the ship.

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Old Mar 31st 2008, 1:55 am
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Default Re: Best course of action?

Originally Posted by OrigamiAirplane
Right, thanks. Looks like unless we can prove how mild her condition is, we're well and truly stuffed.

Which is somewhat terrifying because the industry I work in has all but up sticks and moved to Canada, leaving me behind to sink with the ship.

Speak to Andrew, he is an expert, if anyone will know he will.

search his name above he has a link to his web site,

Wish you well and hope it all works out for you, keep us informed as it helps everyone.
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Old Mar 31st 2008, 2:04 am
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Default Re: Best course of action?

Yes, I've spoken to Andrew and he was indeed very helpful, so thanks for the pointer anyway!

Looking at prognosis details on t'internet she has all the classic hallmarks of benign MS, but who knows. We may well still be screwed. We'll have to speak to some experts.

I'd be angry, but I can understand why they wouldn't want too many drains on Medicare flooding in, unfortunately for us.
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