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Common law family sponsorship - a few questions from a special case

Common law family sponsorship - a few questions from a special case

Old Mar 24th 2013, 10:51 pm
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Default Common law family sponsorship - a few questions from a special case

Hi guys,

I am from London and my partner is originally from Montreal, Quebec. She has been in England for nearly two years. We've been together since October 2011 (almost a year and a half).

We moved in together in June 2012 and are keen to send off our application asap as my partner is due to begin her studies in September 2013.

Officially, a 'common law' relationship means having lived together for at least 12 months. Unfortunately we're 10 months in.

My question is:

Given how long the procedure to apply for residency is, should I apply 10 months into living together and send this off now OR wait an additional 2 months?

I'd normally be happy to wait but given timelines, we'd both rather get things moving along

Thanks for any help you can provide!
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Old Mar 24th 2013, 10:55 pm
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Default Re: Common law family sponsorship - a few questions from a special case

Hi, and welcome to BE.

You can't apply until you've lived together for the full year I'm afraid, if you apply before you'll just be rejected.

So once you've done the year, then apply - of course, you can accompany your partner when she moves in Sept (take proof that you've applied for PR when entering Canada), although you'll be on a visitor visa and unable to work until you get PR.

But as it should only take 6 months or so (assuming you're a straightforward application and a UK citizen), hopefully that wouldn't be too long to wait.

Good luck.
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Old Mar 25th 2013, 1:28 am
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Default Re: Common law family sponsorship - a few questions from a special case

As mentioned you can't apply until the 12 months have elapsed but it does give you a chance in the next few months to get the application together along with all the other stuff you need to do (like police checks) so that you can submit it as soon as you're eligible. It will likely take that length of time to get it fully completed anyway so it's a good time to start.

You have to keep living together so you'd need to follow your partner. It's not entirely clear if you're both intending to come to Canada in September or if the studies take place somewhere else. If you do come to Canada you can come as a visitor and bring proof of the application for permanent residence with you. They might end up giving you a 12 month visitor visa.

Chances are it'll be concluded within 6-7 months so you'd have to be a "tourist" for a few months. Good time to get some money saved up to see you through the gap before you can work.
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Old Apr 1st 2013, 4:52 am
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Default Re: Common law family sponsorship - a few questions from a special case

In regards to applying - the other posts are correct, you have to wait the 12 months. The good news - it takes about 3 months to get all the paperwork together so get started.

If you are common law - they want you to have the following - a joint rental agreement, a joint bank account/credit card and a utility bill in both your names to your address. We didn't have any of the above, and it made it harder.

We applied from outside of Canada and it took 10 months to get our PR - I think we would have had ours sooner, but we had to send additional paperwork to support our common law status (we had been living together for 2 years).

When you send your application send it with all the info - do the medical and police checks. Check over your application 10x, then get someone else to check it. My dad was visiting and noticed something we had missed.

Good luck!
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Old Apr 1st 2013, 5:17 am
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Default Re: Common law family sponsorship - a few questions from a special case

I assume you are not intending to live in Quebec. If so you need to.apply for a CSQ after living together for a year, and you wife needs to show a minimum level of income.
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Old Apr 14th 2013, 9:30 pm
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Default Re: Common law family sponsorship - a few questions from a special case

Hey guys,

Thanks for the responses! Sorry for not coming back sooner. A few questions that you might be able to help with:

orly - really useful post! Do i have to follow my partner out to Canada (specifically Montreal)? If not I assume this will jeopardise our chances for PR? My plan was to continue working in the UK whilst she begins studies in Sept and then follow once everything goes through. Love a bit more info here if possible!

"If you do come to Canada you can come as a visitor and bring proof of the application for permanent residence with you. They might end up giving you a 12 month visitor visa."

This would also be great - what constitutes as proof of the application?

firstchoice - we are indeed trying to go via Quebec! Do you know what the min level income would be? From what we understand, I would need to apply for the CSQ once we've received the letter of acceptance from the CIC, stating that our case is being transferred to London for the following steps.

Returninghome - we have had a joint account since sept 2012. Unfortunately we are living with my parents saving as much as we can so we cant show utility bills / rental agreements

Hugely appreciate the help guys,
Alex
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Old Apr 14th 2013, 9:41 pm
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Default Re: Common law family sponsorship - a few questions from a special case

...one more question...

In the IMM0008 form "Generic Application Form For Canada", question three is
"How many family members, including you, are in this application?"

Well...my girlfriend is sponsoring me, and only me...so I assume the answer would be 1.

Is that right? Sorry if that's stating the obvious but I'd rather double check and look like an eegit then have it sent back
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Old Apr 14th 2013, 11:10 pm
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Default Re: Common law family sponsorship - a few questions from a special case

Hi,

The current minimum income required for a 2-person family unit is given on the Quebec government website as C$29,572.

Regarding the Generic application for permannet residence form you are correct, the number of persons applying would be 1.
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Old Apr 14th 2013, 11:20 pm
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Default Re: Common law family sponsorship - a few questions from a special case

Originally Posted by firstchoice
Hi,

The current minimum income required for a 2-person family unit is given on the Quebec government website as C$29,572.

Regarding the Generic application for permannet residence form you are correct, the number of persons applying would be 1.
If sponsoring a spouse or defacto spouse (common law) there is no minimum income requirement.

http://www.immigration-quebec.gouv.q...ion/kit-a.html

There is only a minimum income requirement:

If you are sponsoring your parents, grandparents or a minor orphaned child, or if the dependent child you are sponsoring has a dependent child, your undertaking application is subject to an examination of your financial capacity.

To the OP, all the forms and guides can be found here: http://www.immigration-quebec.gouv.q...onsored/apply/

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Old Apr 15th 2013, 3:51 am
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Default Re: Common law family sponsorship - a few questions from a special case

Hi


Originally Posted by siouxie
If sponsoring a spouse or defacto spouse (common law) there is no minimum income requirement.

http://www.immigration-quebec.gouv.q...ion/kit-a.html

There is only a minimum income requirement:

If you are sponsoring your parents, grandparents or a minor orphaned child, or if the dependent child you are sponsoring has a dependent child, your undertaking application is subject to an examination of your financial capacity.

To the OP, all the forms and guides can be found here: http://www.immigration-quebec.gouv.q...onsored/apply/

Although there is no Mini, you still have demonstrate that if your spouse is admitted, that you will not have to rely on social assistance to live. This usually comes into play where the sponsor doesn't work full time or declares a very low income and the sponsored spouse has little or no marketable skills and especially if there is an inability to speak either French or English.
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Old Apr 16th 2013, 8:45 pm
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Default Re: Common law family sponsorship - a few questions from a special case

Originally Posted by orly
You have to keep living together so you'd need to follow your partner. It's not entirely clear if you're both intending to come to Canada in September or if the studies take place somewhere else. If you do come to Canada you can come as a visitor and bring proof of the application for permanent residence with you. They might end up giving you a 12 month visitor visa.

Chances are it'll be concluded within 6-7 months so you'd have to be a "tourist" for a few months. Good time to get some money saved up to see you through the gap before you can work.
Hi guys

DESPERATE to get some more intel on this - do I have to follow my partner out when she returns to canada in july / august and the application is still processing? It means leaving behind my job in London and going to canada to wait for a yes / no in what will be a kind of no man's land.
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Old Apr 17th 2013, 1:30 am
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Default Re: Common law family sponsorship - a few questions from a special case

Originally Posted by alexngen
Hi guys

DESPERATE to get some more intel on this - do I have to follow my partner out when she returns to canada in july / august and the application is still processing? It means leaving behind my job in London and going to canada to wait for a yes / no in what will be a kind of no man's land.
Answered your private message but for the benefit of others - Yes.
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