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Common Law Partner - Sponsorship Questions
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dimex28

winnipeg
31 Posts

Posted - 07/20/2012 :  11:35:22  Show Profile  Reply with Quote
Hi guys, i apply for common law in june 2012 in vegerille canada,my wife is canadian citizen{sponsor} while me his hear on study visa.{principal applicant}the quetion i want to ask his my wife had been seperated for 8yrs in canada but she had already filing in court for her divorce this year,but we are till waiting for her divorce to be finalized in court.can she still sponsor me for common law because have already submitted my application,

hope i will not be denied in visa officer.

i have live with her for more than one year in canada she had two children.

we have joint bank staement, visa, phone bill which we put in our application,but no trip photos together.when i submiited my document i did not have my medical document with me due because the doctor book me in for july ending hope cic will not refuse the aplication.

hope to hear reply soon.

Zhu

Ottawa
378 Posts

Posted - 07/21/2012 :  10:57:13  Show Profile  Reply with Quote
I'm kind of confused and I'm not sure I understand, but I doubt your partner can sponsor you before her divorce is final.

The application needs to be complete as well, otherwise CIC will have no problem sending it back to you, causing delays.

www.correresmidestino.com a blog on immigration and on life in Canada.


PMM

Vancouver
2149 Posts

Posted - 07/21/2012 :  14:55:02  Show Profile  Reply with Quote
Hi


quote:

Hi guys, i apply for common law in june 2012 in vegerille canada,my wife is canadian citizen{sponsor} while me his hear on study visa.{principal applicant}the quetion i want to ask his my wife had been seperated for 8yrs in canada but she had already filing in court for her divorce this year,but we are till waiting for her divorce to be finalized in court.can she still sponsor me for common law because have already submitted my application,

hope i will not be denied in visa officer.

i have live with her for more than one year in canada she had two children.

we have joint bank staement, visa, phone bill which we put in our application,but no trip photos together.when i submiited my document i did not have my medical document with me due because the doctor book me in for july ending hope cic will not refuse the aplication.

hope to hear reply soon.



1. Yes she can sponsor you as common/law, just send a copy of her divorce certificate when she has a file no.
2. You should have waited for the medical exam, probably added a slight delay. I hope that you submitted more evidence that you have combined your lives. Insurance policies, rental agreement etc.

PMM


dimex28

winnipeg
31 Posts

Posted - 07/22/2012 :  15:41:08  Show Profile  Reply with Quote

Hi,

thanks for your respond back i really appreciate.

my medical appointment is on friday july 27 2012, due because that is the time available for me. although i send my document in june 24 2012 but i have not hear any reason for the cic office vegereville alberta where i submitt it.but we are seen his lawyer tommorrow for his divorce, because she had been seperated for 8yrs.

Also about the rental agreement am not on is lease because is monthly plan and i dont have a job yet, am a student herein canada, but i did submitted my joint bank account, vis bill and phone bills.i did not included photo trips because i have a one way visa, but we are getting married in october 2012, hope to hear from you please.


quote:

Hi guys, i apply for common law in june 2012 in vegerille canada,my wife is canadian citizen{sponsor} while me his hear on study visa.{principal applicant}the quetion i want to ask his my wife had been seperated for 8yrs in canada but she had already filing in court for her divorce this year,but we are till waiting for her divorce to be finalized in court.can she still sponsor me for common law because have already submitted my application,

hope i will not be denied in visa officer.

i have live with her for more than one year in canada she had two children.

we have joint bank staement, visa, phone bill which we put in our application,but no trip photos together.when i submiited my document i did not have my medical document with me due because the doctor book me in for july ending hope cic will not refuse the aplication.

hope to hear reply soon.



1. Yes she can sponsor you as common/law, just send a copy of her divorce certificate when she has a file no.
2. You should have waited for the medical exam, probably added a slight delay. I hope that you submitted more evidence that you have combined your lives. Insurance policies, rental agreement etc.

PMM
[/quote]


dimex28

winnipeg
31 Posts

Posted - 07/22/2012 :  15:51:38  Show Profile  Reply with Quote
quote:

I'm kind of confused and I'm not sure I understand, but I doubt your partner can sponsor you before her divorce is final.

The application needs to be complete as well, otherwise CIC will have no problem sending it back to you, causing delays.

www.correresmidestino.com a blog on immigration and on life in Canada.

Thanks for your respond, she had been seperated for 8yrs had two children, but am till living with her for now.but she is going to see her lawyer tommorrow if she can get a legal seperation paper,but i have already submitted my document in june 2012 but not hear any thing from cic office in vegerville alberta,.am kind of confused too we did not have a photo trips in the application we did not include it hop it will not go against me.i only submitted my joint bank account, visa phone bills e t c.she is on monthly plan on her rental agreement. but we are planning to be married in october 2012.it is possible for me to submitt my medical because my doctor book me for july ending, which i did not included in the application hope to hear from you please.i dont want delay or denied in my application because the money is unrefunable fee.


dimex28

winnipeg
31 Posts

Posted - 07/24/2012 :  17:07:07  Show Profile  Reply with Quote
Hello.

thank you very much,but am kind of confused now, A lawyer told me am not qualify for common law partner due because my wife[sponsoring] had not yet divorced, but i told him that her divorce had been filling in court,but the lawyer told me that when her divorce had been done which d document will be ready next month, that she have to wait another one year that is when she can sponsor me and counts, that my application for common law which i submitted in june 2012 will be denied, please i need your help and your answer, i have already lived with her for more than oneyear with a joint bank account visa e t c.hope to hear from you.


quote:

Hi guys, i apply for common law in june 2012 in vegerille canada,my wife is canadian citizen{sponsor} while me his hear on study visa.{principal applicant}the quetion i want to ask his my wife had been seperated for 8yrs in canada but she had already filing in court for her divorce this year,but we are till waiting for her divorce to be finalized in court.can she still sponsor me for common law because have already submitted my application,

hope i will not be denied in visa officer.

i have live with her for more than one year in canada she had two children.

we have joint bank staement, visa, phone bill which we put in our application,but no trip photos together.when i submiited my document i did not have my medical document with me due because the doctor book me in for july ending hope cic will not refuse the aplication.

hope to hear reply soon.


quote:

1. Yes she can sponsor you as common/law, just send a copy of her divorce certificate when she has a file no.
2. You should have waited for the medical exam, probably added a slight delay. I hope that you submitted more evidence that you have combined your lives. Insurance policies, rental agreement etc.

PMM



dimex28

winnipeg
31 Posts

Posted - 07/24/2012 :  17:16:12  Show Profile  Reply with Quote
Thank u very much, am kind of confused and stress out about this common law issue,

A lawyer told me i did not qualify for the common law partner due because my wife{sponsoring} had not yet got her certificate for divorce,but i told the lawyer she had alraedy filling in court but hopefully she will get it next month,

The lawyer now told me that when she get her divorce paper that i have to wait for another one year, that is when the common law start counting for me,for that the application i submitted in june 2012 will be denied how true it is,

please i need help and answer, what can i do because i dont want to be denied or refuse my application am here on student visa it will soon expire hope to hear from you please



quote:


I'm kind of confused and I'm not sure I understand, but I doubt your partner can sponsor you before her divorce is final.

The application needs to be complete as well, otherwise CIC will have no problem sending it back to you, causing delays.

www.correresmidestino.com a blog on immigration and on life in Canada.



PMM

Vancouver
2149 Posts

Posted - 07/25/2012 :  00:21:12  Show Profile  Reply with Quote
Hi


quote:

Thank u very much, am kind of confused and stress out about this common law issue,

A lawyer told me i did not qualify for the common law partner due because my wife{sponsoring} had not yet got her certificate for divorce,but i told the lawyer she had alraedy filling in court but hopefully she will get it next month,

The lawyer now told me that when she get her divorce paper that i have to wait for another one year, that is when the common law start counting for me,for that the application i submitted in june 2012 will be denied how true it is,

please i need help and answer, what can i do because i dont want to be denied or refuse my application am here on student visa it will soon expire hope to hear from you please



quote:


I'm kind of confused and I'm not sure I understand, but I doubt your partner can sponsor you before her divorce is final.

The application needs to be complete as well, otherwise CIC will have no problem sending it back to you, causing delays.

www.correresmidestino.com a blog on immigration and on life in Canada.





IMHO, I think you need a new lawyer. Under Immigration law as long as you have "combined your affairs and lived in a conjugal relationship for 1 year, you are considered Common-law" How it would it work if can't get a divorce? That means that no Filipinos who have been married (No divorce in the Philippines) could never become common-law according to your lawyer.

PMM


Klaus

Toronto, ON
117 Posts

Posted - 07/25/2012 :  03:29:29  Show Profile  Reply with Quote
From what I know, there are more statuses than just "married" and "divorced". Your "wife" (though she can't be your wife if she's still married to someone else, but if you call her your wife, so do I) may still be married to her ex, but legally she is "separated" from him. This is a status of its own, so the question is not whether you can be in a common-law partnership with someone who is married.
According to http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp this is the definition of a Common-law partner:
quote:
Common-law partner

You are a common-law partner—either of the opposite sex or same sex—if:
•you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:
•joint bank accounts or credit cards
•joint ownership of a home
•joint residential leases
•joint rental receipts
•joint utilities (electricity, gas, telephone)
•joint management of household expenses
•proof of joint purchases, especially for household items or
•mail addressed to either person or both people at the same address.

If you meet those requirements, you are Common-law partners. Don't worry too much for receipts showing both your names, you don't need to have every single item in the list. For example, when my girlfriend moved in, we never changed any of the already existing contracts (landlord, utilities and such) and we were still accepted as Common-law partners. We don't even have insurance policies showing both our names. "Combining your lives" hopefully means more than sharing responsibilities and making legal commitments, but I better don't start a philosophical discussion here ;). Anyway: Remember that they say "This can be in the form of [...]", so those are examples that are meant to give you an idea what would work. Neither do you need to bring everything that is on the list, nor should you hold back other proof that shows that you are Common-law partners even if it's not on the list.


MelM

Toronto
219 Posts

Posted - 07/25/2012 :  08:16:19  Show Profile  Reply with Quote
Get rid of your lawyer. He doesn't know what he's talking about and the rules he has mentioned to you don't exist.

As PMM said, you qualify to apply for common law now providing you can prove that you have lived together for at least a year. Make sure you also include proof that your partner has filed for divorce from her husband.


dimex28

winnipeg
31 Posts

Posted - 07/25/2012 :  10:16:36  Show Profile  Reply with Quote
Thank you very much, she will be getting her divorce paper next month, am thinking of sending the copy of her divorce to cic office in Alberta when the copy is ready, hope to hear from you. but i dont include a photo trips in the application hope it will not go against me, what do you think about that hope to hear from you please

dimex28

winnipeg
31 Posts

Posted - 07/25/2012 :  10:21:34  Show Profile  Reply with Quote

Hi
well am seeking planning of getting an immigration lawyer, but she will get her divorce paper next month, is it possible for me to send the copy of her divorce to cic office in Alberta?

also in the spouse questionaire i did not include the photo trips in the application hope it will not go against me,

what do you think about that hope to hear from you please.

but i included joint bank account visa bills and fido bills in my proof of evidence that i have lived for one year.

quote:

Thank u very much, am kind of confused and stress out about this common law issue,

A lawyer told me i did not qualify for the common law partner due because my wife{sponsoring} had not yet got her certificate for divorce,but i told the lawyer she had alraedy filling in court but hopefully she will get it next month,

The lawyer now told me that when she get her divorce paper that i have to wait for another one year, that is when the common law start counting for me,for that the application i submitted in june 2012 will be denied how true it is,

please i need help and answer, what can i do because i dont want to be denied or refuse my application am here on student visa it will soon expire hope to hear from you please




quote:


I'm kind of confused and I'm not sure I understand, but I doubt your partner can sponsor you before her divorce is final.

The application needs to be complete as well, otherwise CIC will have no problem sending it back to you, causing delays.

www.correresmidestino.com a blog on immigration and on life in Canada.


quote:


IMHO, I think you need a new lawyer. Under Immigration law as long as you have "combined your affairs and lived in a conjugal relationship for 1 year, you are considered Common-law" How it would it work if can't get a divorce? That means that no Filipinos who have been married (No divorce in the Philippines) could never become common-law according to your lawyer.

PMM



dimex28

winnipeg
31 Posts

Posted - 07/25/2012 :  19:58:42  Show Profile  Reply with Quote
Thank you very much, but i did submitted my joint bank account, visa and phone bill in the application for common law,But i did not include photos trips am here on study visa.

Please i have aquestion for you, about my medical, the doctor told me that my test is on friday but i did not include that in the application,

can i till send the document to cic office after am done with it, is my family back home have to do the test too am kind of confused, because i apply under common law partner in canada, hope to hear from you.

do u know how long does immigration office open an application in canada because i submitted my application in june 2012.

quote:

From what I know, there are more statuses than just "married" and "divorced". Your "wife" (though she can't be your wife if she's still married to someone else, but if you call her your wife, so do I) may still be married to her ex, but legally she is "separated" from him. This is a status of its own, so the question is not whether you can be in a common-law partnership with someone who is married.
According to http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp this is the definition of a Common-law partner:
quote:
Common-law partner

You are a common-law partner—either of the opposite sex or same sex—if:
•you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:
•joint bank accounts or credit cards
•joint ownership of a home
•joint residential leases
•joint rental receipts
•joint utilities (electricity, gas, telephone)
•joint management of household expenses
•proof of joint purchases, especially for household items or
•mail addressed to either person or both people at the same address.

If you meet those requirements, you are Common-law partners. Don't worry too much for receipts showing both your names, you don't need to have every single item in the list. For example, when my girlfriend moved in, we never changed any of the already existing contracts (landlord, utilities and such) and we were still accepted as Common-law partners. We don't even have insurance policies showing both our names. "Combining your lives" hopefully means more than sharing responsibilities and making legal commitments, but I better don't start a philosophical discussion here ;). Anyway: Remember that they say "This can be in the form of [...]", so those are examples that are meant to give you an idea what would work. Neither do you need to bring everything that is on the list, nor should you hold back other proof that shows that you are Common-law partners even if it's not on the list.



Klaus

Toronto, ON
117 Posts

Posted - 07/26/2012 :  16:00:52  Show Profile  Reply with Quote
quote:

Thank you very much, but i did submitted my joint bank account, visa and phone bill in the application for common law,But i did not include photos trips am here on study visa.

As I said, that probably doesn't matter much as long as there is sufficient proof that you really are in a Common-law partnership. From what you wrote, I'm pretty sure you qualify as Common-law partners.
quote:
Please i have aquestion for you, about my medical, the doctor told me that my test is on friday but i did not include that in the application,

can i till send the document to cic office after am done with it,

You don't need to send it anywhere. Take the necessary papers with you to the doctor and he will send it to the appropriate authority. It's probably a waste of time and money though. The medical check is only valid for one year and according to http://www.cic.gc.ca/english/information/times/perm-fc.asp the processing time for applications from inside Canada are 19 months. You might want to wait with the medical check until you're asked to have one. The application form IM5443 states that "instructions will be given to you when you receive your notice of eligibility", meaning you don't need to have it by the time you submit your application. You might also want to read the information provided on http://www.cic.gc.ca/english/information/medical/medexams-temp.asp
quote:
is my family back home have to do the test too am kind of confused, because i apply under common law partner in canada, hope to hear from you.

If there are more members of your family included in the application they need a medical, too, but again, they should wait until CIC requests it.
quote:
do u know how long does immigration office open an application in canada because i submitted my application in june 2012.

As I said, according to the CIC website it's 19 month based on a complete application package which means January 2014.


dimex28

winnipeg
31 Posts

Posted - 07/27/2012 :  12:26:09  Show Profile  Reply with Quote
Thank u very much for your help, but all my family members are included in the application,in the additional family in the application form, but they are not here in canada, they live in Africa will cic ask then to do medical in Africa,because they are not ready to come here, please hope to hear from you, have a wonderful weekend
quote:

quote:

Thank you very much, but i did submitted my joint bank account, visa and phone bill in the application for common law,But i did not include photos trips am here on study visa.

As I said, that probably doesn't matter much as long as there is sufficient proof that you really are in a Common-law partnership. From what you wrote, I'm pretty sure you qualify as Common-law partners.
quote:
Please i have aquestion for you, about my medical, the doctor told me that my test is on friday but i did not include that in the application,

can i till send the document to cic office after am done with it,

You don't need to send it anywhere. Take the necessary papers with you to the doctor and he will send it to the appropriate authority. It's probably a waste of time and money though. The medical check is only valid for one year and according to http://www.cic.gc.ca/english/information/times/perm-fc.asp the processing time for applications from inside Canada are 19 months. You might want to wait with the medical check until you're asked to have one. The application form IM5443 states that "instructions will be given to you when you receive your notice of eligibility", meaning you don't need to have it by the time you submit your application. You might also want to read the information provided on http://www.cic.gc.ca/english/information/medical/medexams-temp.asp
quote:
is my family back home have to do the test too am kind of confused, because i apply under common law partner in canada, hope to hear from you.

If there are more members of your family included in the application they need a medical, too, but again, they should wait until CIC requests it.
quote:
do u know how long does immigration office open an application in canada because i submitted my application in june 2012.

As I said, according to the CIC website it's 19 month based on a complete application package which means January 2014.



Klaus

Toronto, ON
117 Posts

Posted - 07/28/2012 :  15:52:23  Show Profile  Reply with Quote
quote:
Thank u very much for your help, but all my family members are included in the application,in the additional family in the application form, but they are not here in canada, they live in Africa will cic ask then to do medical in Africa,because they are not ready to come here, please hope to hear from you, have a wonderful weekend
According to http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/index.asp your wife can only sponsor specific relatives, such as a spouse (you) and dependent children, so it depends on who else she is trying to sponsor. If you want to bring for example siblings or cousins it's not going to work:
quote:
What family members may come with me to Canada when I immigrate?

The family members that can come with you to Canada when you become a permanent resident include:
•your spouse or common-law partner
•your dependent child or your spouse or common-law partner’s dependent child and
•a dependent child of a dependent child.

Your parents, grandparents and other family members are not eligible to come to Canada with you. However, you can apply to sponsor them to come to Canada after you immigrate here.

Now to answer your question, yes, they can have their medical where they live. You can find an eligible panel physician here: http://www.cic.gc.ca/dmp-md/medical.aspx.
I hope this helps. Have a nice weekend too :)


dimex28

winnipeg
31 Posts

Posted - 07/30/2012 :  15:43:25  Show Profile  Reply with Quote
Hi how was your weekend,

sorry i forgot to ask this question, have already submiitted my police clearance when i submitted my document in june 2012, to cic office in canada but when i submitted my police clearance is still valid for three months,but my question is if cic office open my application for processing the police clearance will be invalid hope it will not go against

please what do you think for me to do hope to hear from you




quote:

quote:
Thank u very much for your help, but all my family members are included in the application,in the additional family in the application form, but they are not here in canada, they live in Africa will cic ask then to do medical in Africa,because they are not ready to come here, please hope to hear from you, have a wonderful weekend
According to http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/index.asp your wife can only sponsor specific relatives, such as a spouse (you) and dependent children, so it depends on who else she is trying to sponsor. If you want to bring for example siblings or cousins it's not going to work:
quote:
What family members may come with me to Canada when I immigrate?

The family members that can come with you to Canada when you become a permanent resident include:
•your spouse or common-law partner
•your dependent child or your spouse or common-law partner’s dependent child and
•a dependent child of a dependent child.

Your parents, grandparents and other family members are not eligible to come to Canada with you. However, you can apply to sponsor them to come to Canada after you immigrate here.

Now to answer your question, yes, they can have their medical where they live. You can find an eligible panel physician here: http://www.cic.gc.ca/dmp-md/medical.aspx.
I hope this helps. Have a nice weekend too :)



   
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