Common Law Sponsorship Questions

Old Jul 4th 2010, 3:42 am
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Question Common Law Sponsorship Questions

Hi Folks,

Well I have a job offer in Ontario so should hopefully be able to get my TWP soon

I have a couple of questions about the common law sponsorship route:

1. Can my fiance (Canadian Citizen), living and working in the UK since '93, sponsor me while I'm already on a TWP?
2. He's a British Citizen now too but his Canadian Passport has expired - will he need to renew this in order to sponsor me?
3. If I start working in Canada and he remains in the UK (winding up business etc) will that affect the sponsorship application, as we would no longer be together? On that note, would being married remove the requirement to be living together as is required for common-law applications?
4. If we get married right before applying for sponsorship, will that be viewed as suspicious, even though we've been living together for so long?

Any thoughts are much appreciated,

FC

Last edited by FelisCattus; Jul 4th 2010 at 3:47 am.
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Old Jul 5th 2010, 10:57 am
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Default Re: Common Law Sponsorship Questions

Any thoughts please?
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Old Jul 5th 2010, 12:14 pm
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Default Re: Common Law Sponsorship Questions

Originally Posted by FelisCattus
Hi Folks,

Well I have a job offer in Ontario so should hopefully be able to get my TWP soon

I have a couple of questions about the common law sponsorship route:

1. Can my fiance (Canadian Citizen), living and working in the UK since '93, sponsor me while I'm already on a TWP?

If you can prove common law status (living together 12months+ then yes).

2. He's a British Citizen now too but his Canadian Passport has expired - will he need to renew this in order to sponsor me?

He has to provide a copy of his main passport page. I would assume this would have to be current but not 100%. Hopefully somebody else will confirm. I'd renew it to be safe.

3. If I start working in Canada and he remains in the UK (winding up business etc) will that affect the sponsorship application, as we would no longer be together? On that note, would being married remove the requirement to be living together as is required for common-law applications?

I'm not sure about this one because you have to provide your current address details etc in your application. Whether CIC will figure out you're not living there, who knows.

4. If we get married right before applying for sponsorship, will that be viewed as suspicious, even though we've been living together for so long?

Nope, as long as you have the proof of relationship as requested in the application you'll be perfectly fine.

Any thoughts are much appreciated,

FC
Some vague answers above in red. Hopefully more knowledgeable people will be along to correct me.
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Old Jul 5th 2010, 3:50 pm
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Default Re: Common Law Sponsorship Questions

Originally Posted by FelisCattus
Hi Folks,

1. Can my fiance (Canadian Citizen), living and working in the UK since '93, sponsor me while I'm already on a TWP? - yup, however there is no fiance class. If you do go the Common Law route then you must prove you have lived together for atleast 365 days and have combined your affairs (ie joint bank account)

2. He's a British Citizen now too but his Canadian Passport has expired - will he need to renew this in order to sponsor me? - He needs to prove Canadian citizenship and his ID

3. If I start working in Canada and he remains in the UK (winding up business etc) will that affect the sponsorship application, as we would no longer be together? On that note, would being married remove the requirement to be living together as is required for common-law applications? - If applying outland while the sponsor is not in Canada he must prove his intent to move back (ie house, job offer, etc) What kind of time frame would you be apart?

4. If we get married right before applying for sponsorship, will that be viewed as suspicious, even though we've been living together for so long? I wouldn't think it would be an issue. It's normal for coulpes to live together for a time then get married.

Any thoughts are much appreciated,

FC
Hope that helps.
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Old Jul 6th 2010, 4:15 am
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Default Re: Common Law Sponsorship Questions

Thanks for the input Guys,


1. Yes we can prove common law status no problem - joint mortgage etc...
2. Hmmm still not sure about the passport, I'm sure his social security number would still be valid after all these years? But yes, I'd say it would be best to renew the his Canadian passport.
3. We could end up living apart for up to a year, depending on how long it takes him to sell the business/house etc. The reason I want to go to Canada straight away on a TWP is the salary for new grads in my profession is so much better than the UK and my student debts are looming!
4. Good to know that marrying at this stage will not appear suspicious! I'm still not clear on whether or not being married would help, should we end up being apart for a while - at least we wouldn't be having to maintain the common-law living together part right? Any ideas on that one???

Thanks again folks!!!
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Old Jul 6th 2010, 1:49 pm
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Default Re: Common Law Sponsorship Questions

Originally Posted by FelisCattus
Thanks for the input Guys,


1. Yes we can prove common law status no problem - joint mortgage etc...
2. Hmmm still not sure about the passport, I'm sure his social security number would still be valid after all these years? But yes, I'd say it would be best to renew the his Canadian passport.
3. We could end up living apart for up to a year, depending on how long it takes him to sell the business/house etc. The reason I want to go to Canada straight away on a TWP is the salary for new grads in my profession is so much better than the UK and my student debts are looming!
4. Good to know that marrying at this stage will not appear suspicious! I'm still not clear on whether or not being married would help, should we end up being apart for a while - at least we wouldn't be having to maintain the common-law living together part right? Any ideas on that one???

Thanks again folks!!!
http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

Section 5.36/5.37 gives a little insight on common law status.

I think the main point it to prove that your partner will be moving back to Canada.

The passport isn't the only form of ID see point 13 on the document check list for sponsor. http://www.cic.gc.ca/english/pdf/kit...s/IMM5491E.PDF
The passport can always be submitted later. Just make note in your applications that your partner is in the process of renewing his passport and will be sumbitted at a later time. If you didn't want that to hold up your application.
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Old Jul 6th 2010, 3:28 pm
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Default Re: Common Law Sponsorship Questions

Originally Posted by Saya10
http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

Section 5.36/5.37 gives a little insight on common law status.

I think the main point it to prove that your partner will be moving back to Canada.

The passport isn't the only form of ID see point 13 on the document check list for sponsor. http://www.cic.gc.ca/english/pdf/kit...s/IMM5491E.PDF
The passport can always be submitted later. Just make note in your applications that your partner is in the process of renewing his passport and will be sumbitted at a later time. If you didn't want that to hold up your application.
Thank you Saya10, I'm going to have a good read through that document!

FC
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Old Aug 6th 2010, 4:44 pm
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Default Re: Common Law Sponsorship Questions

Originally Posted by FelisCattus
3. If I start working in Canada and he remains in the UK (winding up business etc) will that affect the sponsorship application.....
I've been reading through the application guide for sponsorship and as pointed out previously by el_richo they will require my current address, which will be in Canada as of 1 month from now!
So no doubt it will be an unusual situation since the sponsor is outside Canada and the principal applicant is already there!
If I just use our UK address as my current address, for simplicity, does anyone know if they'll know that I'm already working in Canada - and they could think I was trying to hide something On the other hand if I use my Canadian address and attach a note saying that I'm working on a TWP etc.... will that be ok ??????

Sigh, I never seem to have a straight forward situation.

If anyone could advise me on the best course of action for my situation I would really appreciate it.

Cheers!
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Old Aug 11th 2010, 7:00 am
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Default Re: Common Law Sponsorship Questions

I'm still not clear on this, anyone got any advice?
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Old Aug 11th 2010, 8:50 am
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Default Re: Common Law Sponsorship Questions

Originally Posted by FelisCattus
I've been reading through the application guide for sponsorship and as pointed out previously by el_richo they will require my current address, which will be in Canada as of 1 month from now!
So no doubt it will be an unusual situation since the sponsor is outside Canada and the principal applicant is already there!
If I just use our UK address as my current address, for simplicity, does anyone know if they'll know that I'm already working in Canada - and they could think I was trying to hide something On the other hand if I use my Canadian address and attach a note saying that I'm working on a TWP etc.... will that be ok ??????

Sigh, I never seem to have a straight forward situation.

If anyone could advise me on the best course of action for my situation I would really appreciate it.

Cheers!
You're more than welcome to provide a Canadian mailing address through the outland spousal process.

Working on TWP won't be an issue either.

Don't worry about it
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Old Aug 11th 2010, 9:07 am
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Default Re: Common Law Sponsorship Questions

Originally Posted by el_richo
You're more than welcome to provide a Canadian mailing address through the outland spousal process.

Working on TWP won't be an issue either.

Don't worry about it
OK great, thank you so much el_richo
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