IEC 2014
Dec 11th 2013, 4:34 pm
#92
Forum Regular
Joined: Jan 2013
Location: Fife
Posts: 77
Re: IEC 2014
But by UK law you state common law doesn't exist. Id put single. when you come to apply for CL later on then you have to prove to CIC that you meet the CL requirements i.e. cohabitation for minimum of 12 months which obviously you will be able to do.
They are asking for your status in Ireland or the UK not Canada.
They are asking for your status in Ireland or the UK not Canada.
Dec 11th 2013, 5:49 pm
#93
Forum Regular
Joined: Sep 2013
Location: Glasgow
Posts: 154
Re: IEC 2014
NZ is also my second choice, Its supposed to be amazing its just the flight money that is daunting. Let me know how you get on
Dec 11th 2013, 6:06 pm
#95
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,849
Re: IEC 2014
I wouldn't worry which box you tick as its a difference in interpretation and would only be important where there is some kind of misrepresentation. Ticking either won't make a difference as its for an IEC work permit and not for PR status as this is where it would make a huge difference as to being accepted or looking at misrepresentation.
Dec 11th 2013, 6:06 pm
#96
Forum Regular
Joined: Feb 2013
Posts: 39
Re: IEC 2014
I missed out last year after applying in round 2 and 3. Hopefully the website will be better. Literally sent off for my new passport last week, and saw this come online but managed to get my new passport back in under half a week!
Need to get my police check done, though there is no mention of that on the IEC website as there was the previous years. So literally tomorrow is passport copy, and CV, and then once you get accepted they will tell you what you need and give you time to send of for the new police check? I thought they lasted for a year? but It seems to read here they accepted them no older than 3 months?
Thanks
Need to get my police check done, though there is no mention of that on the IEC website as there was the previous years. So literally tomorrow is passport copy, and CV, and then once you get accepted they will tell you what you need and give you time to send of for the new police check? I thought they lasted for a year? but It seems to read here they accepted them no older than 3 months?
Thanks
Dec 11th 2013, 6:06 pm
#97
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: IEC 2014
It's a Canadian form using Canadian laws and regulations.
Under CIC immigration regulations, you are deemed common-law if you have resided 'as if married / in a marriage like relationship' for a period of more than 12 months.
As such, and bearing in mind that this is a generic form and thus is used for all applications from most countries (if you look at the link I put down earlier, it's for Latvia and has the same form) I believe you should tick the box for common law.
Put it this way, if you said you were not common law on the IEC form and then one of you applies for PR or a TWP and makes note of you being their common-law partner, CIC will more than likely disallow it on the grounds that you stated you were NOT common law on an official CIC document. If you said that you put down you were not (when you were classed as common law in Canada) but really were (under Canadian rules) then you could be refused for misrepresentation.
Although it may not be a legal term in the UK, why do they have it as an option on the form if they don't classify you under Canadian regulations?
"... What does the Government of Canada consider to be a common-law relationship?
You may apply to sponsor a common-law partner, of the opposite sex or the same sex. If so, you have to prove you have been living with your partner for at least 12 consecutive months in a relationship like a marriage... "
Definition of common-law relationships, Immigration Regulations:You may apply to sponsor a common-law partner, of the opposite sex or the same sex. If so, you have to prove you have been living with your partner for at least 12 consecutive months in a relationship like a marriage... "
http://laws-lois.justice.gc.ca/eng/r...age-1.html#h-1
"... 1. (1) The definitions in this subsection apply in the Act and in these Regulations.
“common-law partner”
“common-law partner” means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year... "
It is, of course, up to you.“common-law partner”
“common-law partner” means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year... "
Dec 11th 2013, 6:22 pm
#98
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,849
Re: IEC 2014
Here is my take on it.
It's a Canadian form using Canadian laws and regulations.
Under CIC immigration regulations, you are deemed common-law if you have resided 'as if married / in a marriage like relationship' for a period of more than 12 months.
As such, and bearing in mind that this is a generic form and thus is used for all applications from most countries (if you look at the link I put down earlier, it's for Latvia and has the same form) I believe you should tick the box for common law.
Put it this way, if you said you were not common law on the IEC form and then one of you applies for PR or a TWP and makes note of you being their common-law partner, CIC will more than likely disallow it on the grounds that you stated you were NOT common law on an official CIC document. If you said that you put down you were not (when you were classed as common law in Canada) but really were (under Canadian rules) then you could be refused for misrepresentation.
Although it may not be a legal term in the UK, why do they have it as an option on the form if they don't classify you under Canadian regulations?
http://laws-lois.justice.gc.ca/eng/r...age-1.html#h-1
It's a Canadian form using Canadian laws and regulations.
Under CIC immigration regulations, you are deemed common-law if you have resided 'as if married / in a marriage like relationship' for a period of more than 12 months.
As such, and bearing in mind that this is a generic form and thus is used for all applications from most countries (if you look at the link I put down earlier, it's for Latvia and has the same form) I believe you should tick the box for common law.
Put it this way, if you said you were not common law on the IEC form and then one of you applies for PR or a TWP and makes note of you being their common-law partner, CIC will more than likely disallow it on the grounds that you stated you were NOT common law on an official CIC document. If you said that you put down you were not (when you were classed as common law in Canada) but really were (under Canadian rules) then you could be refused for misrepresentation.
Although it may not be a legal term in the UK, why do they have it as an option on the form if they don't classify you under Canadian regulations?
"... What does the Government of Canada consider to be a common-law relationship?
You may apply to sponsor a common-law partner, of the opposite sex or the same sex. If so, you have to prove you have been living with your partner for at least 12 consecutive months in a relationship like a marriage... "
Definition of common-law relationships, Immigration Regulations:You may apply to sponsor a common-law partner, of the opposite sex or the same sex. If so, you have to prove you have been living with your partner for at least 12 consecutive months in a relationship like a marriage... "
http://laws-lois.justice.gc.ca/eng/r...age-1.html#h-1
"... 1. (1) The definitions in this subsection apply in the Act and in these Regulations.
“common-law partner”
“common-law partner” means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year... "
It is, of course, up to you.“common-law partner”
“common-law partner” means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year... "
The questions being asked surely relate to the circumstances in their country of application not to how they equate to Canadian law or circumstances. As to how Canada then treats them is a different matter. What if they were married but Canada doesn't recognize the marriage I suspect that they would answer the question as being married as they might be unaware that their marriage is not recognized by Canada
Dec 11th 2013, 6:36 pm
#99
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: IEC 2014
Hi
1. 5.42. Simultaneous common-law or conjugal partner relationships with two or more people (polygamous-like relationships)
A common-law or conjugal partner relationship cannot be established with more than one person at the same time. The term “conjugal” by its very nature implies exclusivity and a high degree of commitment; a conjugal relationship cannot exist among more than two people simultaneously. Polygamous-like relationships cannot be considered conjugal and do not qualify as common-law or conjugal partner relationships.
2. A marriage must be legal both in the country where the couple got married and under Canadian federal law i.e. the Marriage (Prohibited Degrees Act) with respect to consanguinity and the Criminal Code with respect to polygamy and bigamy
Im certainly not disagreeing with your rationale. So Im wondering how CIC would deal with a person applying who has a polygamous marriage which is legal in their country but illegal in Canada?
The questions being asked surely relate to the circumstances in their country of application not to how they equate to Canadian law or circumstances. As to how Canada then treats them is a different matter. What if they were married but Canada doesn't recognize the marriage I suspect that they would answer the question as being married as they might be unaware that their marriage is not recognized by Canada
The questions being asked surely relate to the circumstances in their country of application not to how they equate to Canadian law or circumstances. As to how Canada then treats them is a different matter. What if they were married but Canada doesn't recognize the marriage I suspect that they would answer the question as being married as they might be unaware that their marriage is not recognized by Canada
A common-law or conjugal partner relationship cannot be established with more than one person at the same time. The term “conjugal” by its very nature implies exclusivity and a high degree of commitment; a conjugal relationship cannot exist among more than two people simultaneously. Polygamous-like relationships cannot be considered conjugal and do not qualify as common-law or conjugal partner relationships.
2. A marriage must be legal both in the country where the couple got married and under Canadian federal law i.e. the Marriage (Prohibited Degrees Act) with respect to consanguinity and the Criminal Code with respect to polygamy and bigamy
Dec 11th 2013, 6:56 pm
#100
Forum Regular
Joined: Feb 2013
Posts: 39
Re: IEC 2014
I have used Natwest for my previous applications, that all went well :-)
Dec 11th 2013, 8:03 pm
#101
BE Enthusiast
Joined: Feb 2013
Location: Scotland/Ontario
Posts: 509
Re: IEC 2014
Good luck to everyone applying tomorrow. I'm glad they put up opening hours as I was planning a 7am rise over here. Let the mayhem began, I think tomorrow could be a record breaking sell out 
Dec 11th 2013, 9:24 pm
#104
Bex in the city
Joined: Jun 2013
Location: Vancouver, BC
Posts: 3,899
Re: IEC 2014
- a backup plan lolYou too best of luck
Dec 11th 2013, 9:26 pm
#105
Forum Regular
Joined: Feb 2013
Posts: 39
Re: IEC 2014
The first time (round 2) all I managed was to create an account as the site was slow. And then round 3 my number was past the cut off, by the time I heard back saying I could now pay I had already made plans to get some work with my degree. But it should be better this time, they didn't expect everyone applying at one last year.