Go Back  British Expats > Living & Moving Abroad > Canada > Immigration & Citizenship (Canada)
Reload this Page >

Help with Declaration of common-law

Help with Declaration of common-law

Old Jul 3rd 2009, 1:54 am
  #1  
Forum Regular
Thread Starter
 
Joined: Jan 2009
Posts: 217
supergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nice
Exclamation Help with Declaration of common-law

Hey everyone,

In the declaration of common-law for a sponsored spousal P.R. Application is the 'declarant' the sponsor or the applicant. Would be grateful for speedy relpies as supposed to be doing it a 4.30 this afternoon!
supergirly is offline  
Old Jul 3rd 2009, 2:48 am
  #2  
BE Enthusiast
 
Joined: Jun 2008
Location: In the Alberta mountains!
Posts: 423
Ramsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really nice
Default Re: Help with Declaration of common-law

Originally Posted by supergirly
Hey everyone,

In the declaration of common-law for a sponsored spousal P.R. Application is the 'declarant' the sponsor or the applicant. Would be grateful for speedy relpies as supposed to be doing it a 4.30 this afternoon!
Are you sponsoring your common-law spouse (or vice versa)?.... Then you dont need that form.

If you and your common-law spouse are sponsoring someone else, then you need that form.

In that case.... Declarant would be the (main) sponsor.
Ramsey is offline  
Old Jul 3rd 2009, 7:31 am
  #3  
Forum Regular
 
Joined: Oct 2007
Posts: 225
Kynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really nice
Default Re: Help with Declaration of common-law

That form is listed for people where the sponsor needs a co-signor (ie, the Canadian sponsoring the UK person needs a co-signor to be able to sponsor) and that co-signor is common-law with the sponsor. You can't really have a common-law co-signor and still sponsor a common-law partner because you can't be common-law partners with two different people!
Kynn is offline  
Old Jul 4th 2009, 1:15 pm
  #4  
Forum Regular
 
Joined: Jan 2008
Posts: 150
Linzania is on a distinguished road
Default Re: Help with Declaration of common-law

For some reason, I was also under the impression that my partner and I had to get this form completed for my own common-law visa app. The form/info mustn't be that clear then! But it does make sense not to have to get that done. I think it's confusing because on the checklist it says to send it in.

So this form is for, say, my common-law partner and I to sponsor a member of my family from the UK? Is that the only instance that it is needed?

Well, at least thats one less thing to do and less money to spend



Originally Posted by Kynn
That form is listed for people where the sponsor needs a co-signor (ie, the Canadian sponsoring the UK person needs a co-signor to be able to sponsor) and that co-signor is common-law with the sponsor. You can't really have a common-law co-signor and still sponsor a common-law partner because you can't be common-law partners with two different people!
Linzania is offline  
Old Jul 4th 2009, 1:20 pm
  #5  
Forum Regular
 
Joined: Oct 2007
Posts: 225
Kynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really niceKynn is just really nice
Default Re: Help with Declaration of common-law

Situation: woman wants to sponsor her mom to come to Canada as PR. She is a stay at home mom and thus has no income. Because of this she cannot meet the financial requirement to sponsor. However, her common-law husband is the one that works and brings in the paycheck. She can have said common-law husband co-sign the application to sponsor and thus meet the financial requirement. In this case, they need to fill out that Declaration form regarding THEIR relationship so that he can co-sign the application.

At least, that was the scenario that was given to me when I called Imm Can and asked about that Declaration. They said it's needed for that type of situation, not one where you're sponsoring your common-law partner.

If you read the application (and document list) VERY carefully, it does ONLY refer to that form in reference to a co-signor.
Kynn is offline  
Old Jul 4th 2009, 8:33 pm
  #6  
Forum Regular
Thread Starter
 
Joined: Jan 2009
Posts: 217
supergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nicesupergirly is just really nice
Default Re: Help with Declaration of common-law

Well here's my situation: I have canadian citizenship/passport because my mum was born in Canada. I am sponsoring my british common law partner of 8 years. Our Canadian immigration lawyers (who are v.good) told us that we had to do the declaration.

Linzania: Are you or your partner canadian?

As I have now found out it doesnt matter who the declarant is on the form ie the sponsor or the applicant
supergirly is offline  
Old Jul 6th 2009, 3:33 am
  #7  
BE Enthusiast
 
Joined: Jun 2008
Location: In the Alberta mountains!
Posts: 423
Ramsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really niceRamsey is just really nice
Default Re: Help with Declaration of common-law

OK.... If you read through the paperwork carefully you will see you do not need the form.

The application is split into two parts, the application to sponsor and the application for residency.

In the application to sponsor part, it is stated that you need to fill in the declaration of common-law if your common-law partner is your co-signer (i.e. you are sponsoring your sister, but you do not meet the requirements as sponsor, but your common-law partner does... so you co-sign the sponsorship application).

In your case, the sponsor is a sole person, so the form is not required.

In the application for residency, the person hoping for residency fills in all of the applicable ID, history and personal information.... And then you attatch any supporting evidence that your relationship is genuine.... photo's, joint a/c's, joint bills, letters from friends, etc.

There is nowhere in the instructions that says the declaration of common-law form is required. (besides, if your supporting evidence is enough, you will not need the form!)

Usually, the sponsor is in Canada and the applicant is overseas.... in that case how would you get the form notarised, when the notary cannot witness both signatures?

Of course, is won't hurt your application if you include the form, however, you certainly do not need it!

Good Luck
Ramsey is offline  
Old Jul 12th 2009, 1:23 pm
  #8  
Forum Regular
 
Joined: Jan 2008
Posts: 150
Linzania is on a distinguished road
Default Re: Help with Declaration of common-law

Yes, this seems very clear now. When you see a form like that and it says common law on it I (perhaps stupidly) presumed it was needed. But then thinking about it, having it to sponsor other family members would make sense.

supergirly, my bf is Canadian.

So as I am the applicant I will go ahead getting my police checks and medical and gather everything together. This should be everything...
Linzania is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.