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outside sponsorship, common-law coming as visitor

outside sponsorship, common-law coming as visitor

Old Mar 26th 2008, 2:11 pm
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Default outside sponsorship, common-law coming as visitor

Hi everyone,

i am sponsoring my common-law and the sponsorship has been approved and application forwarded to Paris. We have the AOR as well. My common-law partner is coming to Canada as visitor and we'll be waiting here, living together. We want to notify Paris, we think it will be helpful if they know we are not living an ocean apart - do you think this is a good idea? Or would that mean they would ask to transfer the application within Canada?

this forum has been so helpful! thank you!
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Old Mar 26th 2008, 2:27 pm
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Default Re: outside sponsorship, common-law coming as visitor

You are not common-law partners if you are living an ocean apart. Fact that your sponsorship application was approved doesn't mean that your claim of being common-law partners was accepted - the assessment of relationship will happen during PR application process in Paris.

http://www.canlii.org/ca/regu/sor2002-227/sec1.html

“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
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Old Mar 26th 2008, 2:35 pm
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Default Re: outside sponsorship, common-law coming as visitor

i am sorry i wasn't completely clear - we lived together for over a year back in europe. recently i moved back to Canada and i am sponsoring my common-law...
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Old Mar 26th 2008, 3:30 pm
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Default Re: outside sponsorship, common-law coming as visitor

I read your post and understood it properly. Please ready again the quote from Regulations and pay attention to the text in bold.

To sponsor common-law partner you must live together - fact that you lived together for 12 months is relevant but not sufficient. You must live together when applied and during the process.
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Old Mar 26th 2008, 11:17 pm
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Default Re: outside sponsorship, common-law coming as visitor

Hi,

can someone please answer the actual question being asked here? Has anyone had experience with that?

Thanks!
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Old Mar 26th 2008, 11:27 pm
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Default Re: outside sponsorship, common-law coming as visitor

Many posters here as well as most of my clients sponsoring spouses/common-law partners from visa waiver countries had no problem with spouse/partner coming to Canada as visitor as long as fact of having PR application pending was disclosed (and documented) at the port of entry. They didn't have problems with extending stay if needed. There is no need nor the way to "transfer" application from abroad to the in-Canada route.

But you are dodging the main factor I pointed out to you - you are not common-law partners anymore nor were such at the time of application if you moved back to Canada leaving your partner abroad and after that filed the application. If you won't listen to friendly advice and won't play it correctly your partner will be refused. Ignorance is not a crime nor a sin here - but arrogance isn't helping those who don't know and/or misinterpret the law and don't want to learn. Good luck.

Last edited by Andrew Miller; Mar 26th 2008 at 11:37 pm.
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Old Mar 26th 2008, 11:38 pm
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Default Re: outside sponsorship, common-law coming as visitor

Andrew, i am sure you are familiar with the regulations, but just in case - this comes from the immigration guide - an entire section of the family class devoted to "common law partner living outside Canada" (http://www.cic.gc.ca/English/informa...s/3900E2.asp):

You can sponsor a person as your common-law partner if
* that person is of the opposite or same sex,
* you and that other person have cohabited in a conjugal relationship for a period of at least one year, and
* your relationship with that person is continuing, even though you are temporarily living apart.

Further, you cannot sponsor a person as your spouse
* if you or this person were the spouse of another person at the time of your marriage, or
* if you have lived separate and apart from this person for at least one year
we satisfy the requirements, but thanks for your advice anyway.

Regarding my main question - your answer is appreciated, Thank you

Last edited by j-lo; Mar 26th 2008 at 11:40 pm.
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Old Mar 26th 2008, 11:52 pm
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Default Re: outside sponsorship, common-law coming as visitor

As I have pointed number of times - info on CIC website and any application instruction/guide are not legal documents. All guides/instructions (including the one you refer to) have the following disclaimer (usually bottom of page 2):

This is not a legal document. For legal information, refer to the Immigration and Refugee Protection Act and Regulations or the Citizenship Act and Regulations, as applicable.

In my first reply to your post I provided the link to and quoted the law - your case will be assessed on the basis of the law, not on the basis of any instruction or application guide.

You quoted and provided link to HTML format of the guide - no wonder you missed the disclaimer. Read the PDF version:

http://www.cic.gc.ca/English/pdf/kits/guides/3900E.pdf

and look at the bottom of page 2,

or read the bottom of this page in the HTML version:

http://www.cic.gc.ca/English/informa...s/3900ETOC.asp

Then again read the common-law definition as stated in Regulations here:

http://www.canlii.org/ca/regu/sor2002-227/sec1.html

“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

Your common-law relationship doesn't continue - as you stated yourself you moved back to Canada - you didn't just go on few weeks job assignment or family emergency, you moved back to Canada.

Last edited by Andrew Miller; Mar 26th 2008 at 11:59 pm.
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Old Mar 27th 2008, 12:00 am
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Default Re: outside sponsorship, common-law coming as visitor

There is no point arguing. Not all cases are clear cut, and we shall see the outcome soon.

Some years ago a lawyer that i paid to told me there was no point in my application because there was no way i get the points (and again i had gone to him with a different question) - he made my life miserable by saying this until next month i got waiver for interview and passport request. I've learned my lesson...
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Old Mar 27th 2008, 12:08 am
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Default Re: outside sponsorship, common-law coming as visitor

I'm not saying that your case is impossible - I just say that if you won't play it correctly your case will be in big troubles. And I am not arguing, I just try to help you understand and avoid/prevent problems. There is no need to take a risk and gamble with the outcome. But have it your way. Let's hope you get lucky.

Last edited by Andrew Miller; Mar 27th 2008 at 12:11 am.
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Old Mar 27th 2008, 12:14 am
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Default Re: outside sponsorship, common-law coming as visitor

in your view - what is correct, given that application is already underway? what is your advice at this point in time?
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Old Mar 27th 2008, 12:52 am
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Default Re: outside sponsorship, common-law coming as visitor

It depends from what you have stated in the application and from few other factors. If you declared your permanent residential address being a Canadian one then it is not good while your partner's address is the one abroad. Without being able to see what is in your application package, how you explained (if at all) fact of not living together, etc. nobody will be able to provide solid suggestion.
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