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Statutory Declaration of Common-Law Union - Evidence

Statutory Declaration of Common-Law Union - Evidence

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Old Sep 25th 2008, 5:56 pm
  #16  
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Default Re: Statutory Declaration of Common-Law Union - Evidence

Originally Posted by kirstya
its what we were told by the immigartion people we are using, as we were going to get married as we thought it would make it easier , but were told you still have to provide proof you been together for 12months ..
So not from a reliable source then if it's from an 'immigration agency'?!?

I don't believe that's true, it's certainly something I've never once seen mentioned. When you apply for a TWP there is simply a box to tick if you are married - they don't ask you for the date of that marriage.
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Old Sep 25th 2008, 8:47 pm
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Default Re: Statutory Declaration of Common-Law Union - Evidence

Originally Posted by Canada Dreams
i rang up to solicitors and both quoted about £80, did you have to fill your form out in front of him, we did have it notarised aswell, we was told this also needed to get done.
We filled in what we could on the form, except the signatures which we had to do in the office. We had to swear an oath then the comissioner of oaths signed, stamped and dated the form and took £5 each from us. We took supporting evidence such as bank statements etc but she didn't want to see them.
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Old Sep 25th 2008, 8:54 pm
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Default Re: Statutory Declaration of Common-Law Union - Evidence

bloody hell, more money wasted, :curse::curse:
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Old Sep 25th 2008, 9:03 pm
  #19  
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Default Re: Statutory Declaration of Common-Law Union - Evidence

Originally Posted by christmasoompa
So not from a reliable source then if it's from an 'immigration agency'?!?

I don't believe that's true, it's certainly something I've never once seen mentioned. When you apply for a TWP there is simply a box to tick if you are married - they don't ask you for the date of that marriage.
Nope but they do ask for a marriage certifcate.
And i bet if you were married the day before you arrived questions would get asked ?

As for the immigration agency remark i dont get ?? Some are not so dodgy and i dont think the firm we are going out to work for would be paying them nor using them if they were some dodgy company out the back of the paper.
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Old Sep 26th 2008, 6:53 am
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Default Re: Statutory Declaration of Common-Law Union - Evidence

Originally Posted by kirstya
As for the immigration agency remark i dont get ?? Some are not so dodgy and i dont think the firm we are going out to work for would be paying them nor using them if they were some dodgy company out the back of the paper.
If your firm are paying for them then they must be immigration lawyers, a whole different thing! Although they do seem to be misinformed about the marriage thing, I've checked everywhere I can think of and there is no mention of a minimum time anywhere at all.

If you were married the day before you went it might raise an eyebrow but from what I can gather, they can't refuse you - they simply state a spouse can accompany, regardless of when you were married.
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Old Sep 26th 2008, 11:53 pm
  #21  
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Default Re: Statutory Declaration of Common-Law Union - Evidence

Thanks for investigating the marriage issue for us. I two, have never read anything to suggest a couple have to be married for a certain period of time...

I was wondering if you could clear something else up for me (based on an ideal world) - my TWP offer is for two years and on the NOC. Say, after one year full-time, paid work experience my employer offers me a permanent job. Lets also say, I marry my partner. Can I apply for PR from within Canada with my spouse prior to my TWP ending (even though my TWP application was only for me), and will the process be fast-tracked because I'm currently on a TWP and have arranged employment (I read it can take a year as apposed to several?)?

I'm just trying to work out how my partner and I can both share a future together in Canada without rushing into marriage. The whole process is a bit of a concern but we're still stong!
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Old Sep 27th 2008, 10:20 am
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Default Re: Statutory Declaration of Common-Law Union - Evidence

i have read somewhere that its state's a year, and im trying to find it, it was one of those web sites for border services will keep looking
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Old Sep 27th 2008, 10:28 am
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Default Re: Statutory Declaration of Common-Law Union - Evidence

found it

May my spouse or common-law partner and dependent children accompany me to Canada?
Your spouse or common-law partner and children who wish to visit Canada must apply for permission to do so. As long as you all apply together it will not be necessary for each person to fill out separate application forms. List the names and other information about your family members in the appropriate space on the application. If you require more space, attach a separate piece of paper and indicate the number and letter that you are answering.

Family members are the immediate members of your family. Your spouse or common-law partner and your dependent children are your family members. A common-law partner is a person of the opposite or same sex who is currently cohabiting and has cohabited in a conjugal relationship with you for a period of at least one year.

Dependent children may be your own children or those of your spouse or common-law partner. A child must meet the requirements of type A, B or C below to be considered a dependent child:

Type A

He or she is under the age of 22 and single, that is, not married and not in a common-law relationship.

Type B

He or she married or entered into a common-law relationship before the age of 22 and, since becoming a spouse or a common-law partner, has

been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and
depended substantially on the financial support of a parent.
or

He or she is 22 years of age or older and, since before the age of 22, has

been continuously enrolled and in attendance as a full-time student in a post-secondary institution accredited by the relevant government authority; and
depended substantially on the financial support of a parent.
Type C

He or she is 22 years of age or older, has depended substantially on the financial support of a parent since before the age of 22 and is unable to provide for him/herself due to a medical condition.

Your spouse or common-law partner and children must meet all the requirements for temporary residents to Canada. They must satisfy an officer that they are genuine temporary residents who will be in Canada for a temporary stay. They may be required to provide evidence that they are law abiding and have no criminal record. If your family member applies for a Temporary Resident Visa, they must also meet all the conditions to obtain a visa.

Include them on your application by providing their names and other information in the appropriate space on the application form.

Important: You may be required to provide a marriage certificate and birth certificates for any accompanying family members. If you are in a common-law relationship and your common-law partner will accompany you to Canada, you may be required to complete the enclosed form Statutory Declaration of Common-Law Union (IMM 5409). Also provide evidence outlined on the form to support your relationship.
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