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spousal sponsorship in Canada class

spousal sponsorship in Canada class

Old Mar 18th 2011, 12:49 pm
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Default spousal sponsorship in Canada class

Hi all, I'm new to this site, but I've already gained a lot of useful answers & info from these forums, so I'm hoping to seek a few more for our case.

First a Very brief relationship history, I'm a British citizen from England who married my Canadian wife last year. I came over to live with her late last year & we are preparing our application under the "Spouse or Common-Law Partner In Canada Class", form IMM 5289E, with her obviously sponsoring me as her spouse.

We have gone through the documents several times & have a long list of questions & queries.
I'll split them up into one form number at a time, just to make life easier.

We also really apologize in advance if some of our questions seem a bit lame or obvious to someone else, but we just really want to make sure we submit the best application we can.

So here goes, a number of questions on form IMM 5285 :-

Page 1 Question 7. "Were there formal ceremonies to recognize/celebrate your relationship, e.g. engagement ceremony, .........etc?

We are answering yes, because we had a wedding ceremony & a very small celebration after. But against the yes it then says "For each ceremony attach a photograph & provide, on a separate sheet of paper, the date................... ceremony”

Do they literally mean one photograph, or could/should we attach a number of photos, & if so how many would be acceptable &/or recommended?

Page 1 Question 9 a). “Were you ever previously married or in a common-law relationship?”

I am answering yes, as I have lived with 2 different women in England for over a year each (I understand the definition of common-law in this instance is living together for a year or more) over the past 15 years. My problem is going to be the rest of the details asked for under Question 9 a).

The last woman I lived with for over a year, I have her “Family name”, “Given name(s)”, “Date of birth” all ok, but where it asks for address, do they mean the address she is currently living at now?


Then next they ask for “Length of relationship”, to the day! I think I can maybe pinpoint the day we moved in together, which I assume is the official start of our common-law relationship, but she moved out sometime in mid December 2009, I’m not sure I know the exact day, how exact do I need to be? Also I’m assuming that will be the same date I put against “Date of divorce/separation/death”?

The final part of this question asks for “Divorce papers/separation papers/death certificate attached?”. I was going to answer “No” here, as there never was any documentation involved, she just moved out. I have read that I will need to answer “Yes” & provide a letter signed by us both confirming that our common-law relationship is over & the date it ceased. Is this correct? Will I need to provide that letter?

The previous woman I lived with for over a year, I have her “Family name” & “Given name(s)”, but I don’t have her “Date of birth”, how should I answer?

Also, if they do mean her current address, I have no idea what that is, the last I heard she was living in Spain & has been (& maybe still is, I don’t know) married. I haven’t had contact with her for maybe 8 years, how should I answer against “Address”?

The same problem also exists for the “Length of relationship” dates again, I’m not sure I can pinpoint the day we either moved in together or moved out, as this was 9-14 years ago. This also affects the “Date of divorce/separation/death” too. Obviously the “Divorce papers/separation papers/death certificate attached?” question will also apply too, again we had no documentation, we just moved in together then parted a few years later. Will I need another letter confirming the end of our common-law relationship, signed by us both?

I think that’s all my queries on IMM 5285 anyway, sorry it’s so long & many thanks to anyone who can help.
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Old Mar 18th 2011, 1:33 pm
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Default Re: spousal sponsorship in Canada class

Hello!
I applied under the same class as you in 2008, and well remember the many questions.

Formal ceremonies, well, we were not married at the time, so I answered No to that question. However, elsewhere it asked for photos. I think I provided five or six photos. On the back I'd written the date, location and who was in the photos. I think for a wedding / reception three or so photos should be enough.

Previous relationship, hmm, I answered no to that one as I hadn't been common-law with anyone. I'd say to answer the documentation question as "No" sounds like you were not married so there was no official paperwork.
What you could do attach a sheet, with the form number and question number and explain that you have this name, but don't have her DOB or her current address. They could well simply accept this and not require any further proof.

You could, and this would be naughty, simply answer No to the whole previous common law questions. Not quite sure how they would ask you to prove you have not been in a common law relationship. As said, I answered No, and I was 35 at the time, and so it might seem odd for me not to have been in a long term relationship (bar being with my sponsor of course) and thus I'd have thought they would have looked into that if they thought anything was dodgy.

I think they just want to see that you didn't break off a long term thing, came to canada, hooked up with someone for a year to claim common-law and then apply for PR.
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Old Mar 18th 2011, 7:29 pm
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Default Re: spousal sponsorship in Canada class

Originally Posted by sharkus
Hello!
I applied under the same class as you in 2008, and well remember the many questions.

Formal ceremonies, well, we were not married at the time, so I answered No to that question. However, elsewhere it asked for photos. I think I provided five or six photos. On the back I'd written the date, location and who was in the photos. I think for a wedding / reception three or so photos should be enough.

Previous relationship, hmm, I answered no to that one as I hadn't been common-law with anyone. I'd say to answer the documentation question as "No" sounds like you were not married so there was no official paperwork.
What you could do attach a sheet, with the form number and question number and explain that you have this name, but don't have her DOB or her current address. They could well simply accept this and not require any further proof.

You could, and this would be naughty, simply answer No to the whole previous common law questions. Not quite sure how they would ask you to prove you have not been in a common law relationship. As said, I answered No, and I was 35 at the time, and so it might seem odd for me not to have been in a long term relationship (bar being with my sponsor of course) and thus I'd have thought they would have looked into that if they thought anything was dodgy.

I think they just want to see that you didn't break off a long term thing, came to canada, hooked up with someone for a year to claim common-law and then apply for PR.
I believe they ask about previous common law relationships in case your current situation doesnt work out and you wanted to sponsor a previous common law partner into canada. + it helps them with extra background information.

most people give dates by the first of the month - cic will understand that you cant remember exact dates and addresses but you should try your best and explain iin a sepearate sheet of paper if you have difficulties. rough date of move in - date of move out will be fine. Remember, Dont leave any sections blank, write N/A or "unknown" or "to present" etc (or whatever is asked for in the guide)

most people attach several photos though 1 will suffice to represent your wedding if is a conventional wedding.
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Old Mar 31st 2011, 7:00 am
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Default Re: spousal sponsorship in Canada class

Hey all, sorry we've been off-line for nearly 2 weeks suffering the "teething problems" of changing our cable & internet supplier!

I have more posts to put up yet, but we are getting close to completing our application now. Just a big thank you from me for those replies guys, I can't tell you how helpful this is, & what an invaluable resource these forums are, thanks again!
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Old Mar 31st 2011, 7:47 am
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Default Re: spousal sponsorship in Canada class

Just in case you're not aware, should mention that the processing time for an outland application is much, much quicker than inland - 2-4 months versus a year or more.

I'm sure you have a good reason for choosing an inland application, but just thought I'd mention it.

Good luck.
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Old Apr 1st 2011, 1:30 am
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Default Re: spousal sponsorship in Canada class

Originally Posted by christmasoompa
Just in case you're not aware, should mention that the processing time for an outland application is much, much quicker than inland - 2-4 months versus a year or more.

I'm sure you have a good reason for choosing an inland application, but just thought I'd mention it.

Good luck.
I would agree with the above!

We applied inland (June 2010). My thinking was that I would be able to get a work permit after about the same time (the first stage approval inland after which you can get a work permit was taking about the same time as the whole process outland) and I was unsure about common-law status if I had a UK address not a Canadian address - though you don't have that issue being married. However, it seems that most applications processed in London are coming through super quickly and the process time for just the 1st stage of the inland application since we put in our paperwork has extended from 7 mths to 10 mths!!! There's no guide for the 2nd stage, but they say 18mths for the whole thing. Well add 3 months to that due to the 1st stage taking the extra time!

As a side note to this if you are hoping to get a work permit asap after Part 1 of your inside Canada application has been Ok-ed, make sure you send in IM1249 at the same time as your inland application. This is the form to fill in if you are wanting an open work permit - it's actually entitled 'change of status' which is kinda confusing. They don't include it in the application package they sent to you and it's not on the checklist either. I didn't realise it had to be sent in the same envelope as our application, and now I can't send it (even though our application is still in the queue and has not been touched yet!) so my work permit will be delayed by 39 days.

So, all in all I wish I had just sent our stuff off to London, and if we'd been called to London for interview we would have just had to suck up the cost somehow! Living off one income for so long is pretty tough!

Hope that all made sense. Good luck to you whether you decide to apply inside or outside Canada!
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