Spouse.. Jim/Miller/other experts

Old Dec 16th 2004, 8:12 pm
  #1  
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Default Spouse.. Jim/Miller/other experts

Hi Jim/Miller/other experts,

Under the "Guide to Sponsorship" (http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf) for sponsoring spouse outside of canada, it is mentioned that

"Excluded relationships
You cannot sponsor a person as your spouse, common-law partner or conjugal partner if
- you are a permanent resident or a naturalized citizen of Canada and at the time you made your application for permanent residence, that person was a non-accompanying family member, former spouse or common-law partner and was not examined; or
"


My case:
I have received the PR visa and will be landing in Canada early next year.
After landing and residing in Canada, I am planning to marry my girlfriend of 5 years and sponsor her as a spouse from outside canada.

Concerns:
When I applied for the PR, I did not mention nor include her in my application at all. We only started living together this year for 10 months now and we do have a joint bank account for more than 4 years.

Questions:
-are we considered as common-law partners?
-Will I be able to sponsor her?


Looking forward to your inputs.
Thank you.
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Old Dec 17th 2004, 3:59 pm
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Default Re: Spouse.. Jim/Miller/other experts

Any inputs anyone?
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Old Dec 17th 2004, 4:50 pm
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Default Re: Spouse.. Jim/Miller/other experts

I can only tell you one thing - when you start sponsorship process you will have to conclusively prove that (1) your marriage and relationship are genuine and by doing so you will raise doubts and will have to prove that (2) you were not common-law partners prior to you getting PR visa and landing as a PR in Canada. (1) may put you in hot water with (2).

I can't tell you more without fully evaluating all circumstances. And please don't get me wrong as I don't even try to accuse you of misrepresentation, but many in similar to yours circumstances when posting the question here or asking me directly are "tailoring" the facts to get the answer they are looking for. I don't know if you are one of them or not though.

Originally Posted by otarusnow
Any inputs anyone?
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Old Dec 17th 2004, 5:11 pm
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Default Re: Spouse.. Jim/Miller/other experts

P.S.

If you are already (as you stated) living together for 10 months then by the time you'll be landing in Canada your visa may already be invalid if you pass 12 months of cohabitation. Providing of course that all you have so far is really only 10 months of cohabitation. Any way I look at it I see red flags - sorry, can't help it....


Originally Posted by Andrew Miller
I can only tell you one thing - when you start sponsorship process you will have to conclusively prove that (1) your marriage and relationship are genuine and by doing so you will raise doubts and will have to prove that (2) you were not common-law partners prior to you getting PR visa and landing as a PR in Canada. (1) may put you in hot water with (2).

I can't tell you more without fully evaluating all circumstances. And please don't get me wrong as I don't even try to accuse you of misrepresentation, but many in similar to yours circumstances when posting the question here or asking me directly are "tailoring" the facts to get the answer they are looking for. I don't know if you are one of them or not though.
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Old Dec 17th 2004, 5:20 pm
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Default Re: Spouse.. Jim/Miller/other experts

Thank you Andrew for your inputs.
The information that I provided is as it is.

I applied for the PR in Nov 2003 and prior to that we have not lived together but she did come to visit me for a few weeks at a time.
As far as my understanding, a relationship can be considered as common-law partner relationship only after the 2 people have been living continuously together for at least 1 year. Thus the time that we have spent together before I submitted the PR application will not be added to the length of the common-law relationship. Is this correct?

I plan to land in Canada sometimes in April 2004 and will continue to live together with my girlfriend till then which means we will be living together for a year or more. Will this affect the eligibility for me to sponsor her later since we live together for a year after I submitted the PR application and before I land?

Thank you for you inputs in advance.
I really appreciate it.
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Old Dec 17th 2004, 5:22 pm
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Default Re: Spouse.. Jim/Miller/other experts

Thank you Andrew.

I just noticed your second post ( it was posted only after I submitted my prior response)
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Old Dec 17th 2004, 5:23 pm
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Default Re: Spouse.. Jim/Miller/other experts

In such case she will no longer be a member of family class and you won't be able to sponsor her ever.

In the worst case scenario your landing may be in jeopardy as well.


Originally Posted by otarusnow
Thank you Andrew for your inputs.
The information that I provided is as it is.

I applied for the PR in Nov 2003 and prior to that we have not lived together but she did come to visit me for a few weeks at a time.
As far as my understanding, a relationship can be considered as common-law partner relationship only after the 2 people have been living continuously together for at least 1 year. Thus the time that we have spent together before I submitted the PR application will not be added to the length of the common-law relationship. Is this correct?

I plan to land in Canada sometimes in April 2004 and will continue to live together with my girlfriend till then which means we will be living together for a year or more. Will this affect the eligibility for me to sponsor her later since we live together for a year after I submitted the PR application and before I land?

Thank you for you inputs in advance.
I really appreciate it.
Andrew Miller is offline  
Old Dec 17th 2004, 5:57 pm
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Default Re: Spouse.. Jim/Miller/other experts

Is this because ..

1) of the time that she visited me prior to the submission of my PR application, is added to the total length of the relationship?

or

2) we will be living together for a year before I land?


If it's because of the (2) reason,will living seperately with different address from now on helps? In other words, we will not live together for a year continuously.
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Old Dec 17th 2004, 6:21 pm
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Default Re: Spouse.. Jim/Miller/other experts

Because of (2).

Nothing will change the facts now - there are even married people divorcing in false hope to overcome problem like yours. It won't work.

You should land now and hope that everything works out.

Why you didn't think about possible problems before sending your passport for visa? Why you didn't ask questions then? Unfortunately it looks like you hoped (for some strange reasons) that you will be able to work around the system. Obviously you were not in any rush to get visa as you don't plan to land for another several months, thus what kept you from getting married and adding spouse to your case 6 to 10 months ago before sending your passport?????


Originally Posted by otarusnow
Is this because ..

1) of the time that she visited me prior to the submission of my PR application, is added to the total length of the relationship?

or

2) we will be living together for a year before I land?


If it's because of the (2) reason,will living seperately with different address from now on helps? In other words, we will not live together for a year continuously.
Andrew Miller is offline  

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