definition for "immediate family member"
- Thread starter nioero
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vensak
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- Jul 14, 2016
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take it as your spouse and children and thats it. Your big problem is how to prove common law (as you have marriage certificate for married coupes, but common laws have no such thing). I would also advise to keep your birth certificate of your children with you and your marriage certificate as well.
IRCC SHOULD BE FIRED.
So I had terrible experience with IRCC while trying to board a flight to Canada from USA. I have been together with a girl for over 6 years. I am a US citizen and she is Canadian citizen. I used to be Canada PR but lost it due to IRCC's strict adherence to rule related to number of days present in Canada. Prior to boarding the flight to Canada, I called first Canada Border Security Agency ( CBSA). I explained to them that I am together with a girl for over 5 years, and we have common (shared) driver license as well as lease from last year. Additionally we have purchased a house together document of which is with me. They did not know if I would be allowed to enter and transferred my call to IRCC. I spoke to a call center attendant and explained my situation. Based on my understanding I am her(my gf) immediate family member as she and I are married ( not officially though) but have lived in conjugal relationship for over 5 years. I do have lease document from last year, driver licenses with same address going all the way to 10 years, photos and most recently a document showing a house in my name and her name together. Additionally I had a "statutory declaration" under commissioner of oath with her just in case in which she is declaring that she has exclusive relationship with me. Call center attendant advised me that she was not 100% sure but the more documentation I have the better and that I should be able to show a shared address proving physical presence beyond 1 year. Since I had over 10 years of driver licenses with same address as her, a lot of photographs with her, a lease document and a newly purchased home with title in both names, I was convinced that IRCC would not give me hard time. According to IRCC website, if I am an immediate family member, I do not require a prior approval to travel to Canada as long as I can prove she is my immediate family member.
When I arrived at the airport, Air Canada, wanted to see my documents proving that I am immediate family member or an approval from IRCC that I am ok to board. I showed them my documents. They specially asked me two documents:
My partners citizenship status ( which I provided)
My lease document showing I am on the lease with her ( the lease was from last year and expired as we have now purchased a home together in Canada document of which was with me).
They did not asked me for my newly purchased home document despite my mentioning many times.
They also did not ask for any photographs or driver licenses showing shared address.
Air Canada staff member took pictures of these documents and sent them over to IRCC at Toronto airport She told me to wait. After few minutes she got a call back from Toronto airport member of IRCC and she advised Air Canada that the document sent to her were insufficient as she doesn't think I am immediate family member since I have not seen her since March 2020. ( They asked me when did I see her last). Also they did not accept expired lease document. They did not ask for anything else.
She told me she would not let me board the flight.
I work in US so as soon as pandemic started I flew to US and left her alone. Now that we purchased a new house in a new city, we wanted to move together however IRCC just prevented me from meeting her.
I have number of major issues with IRCC.
First they do not believe in your statutory declaration. No matter your position in the society they wont believe your words. They want documents based on their own definition.
Their process of determining who is immediate family member or extended family member sucks as they have not defined clearly what documents they need to prove. Isn't that enough if two adults can show and sign statutory declaration under oath?
I gathered tons of documents to prove my relationship and my physical presence and the fact that we have been together for such a long time but all in vain. This really hurts because I am lost how else do I prove my presences or my relationship with her.
IRCC will accept fake marriage certificates instead of two adult consenting persons admitting their relationship?
I am a senior manager working for a large financial organization, a position where word means a lot and suddenly you encounter IRCC where words and documents dont count. Going through this experience has opened my eyes as I know now IRCC doesn't give a shit who you are. You are worthless unless you have a paper defined by them that they must see.
So I had terrible experience with IRCC while trying to board a flight to Canada from USA. I have been together with a girl for over 6 years. I am a US citizen and she is Canadian citizen. I used to be Canada PR but lost it due to IRCC's strict adherence to rule related to number of days present in Canada. Prior to boarding the flight to Canada, I called first Canada Border Security Agency ( CBSA). I explained to them that I am together with a girl for over 5 years, and we have common (shared) driver license as well as lease from last year. Additionally we have purchased a house together document of which is with me. They did not know if I would be allowed to enter and transferred my call to IRCC. I spoke to a call center attendant and explained my situation. Based on my understanding I am her(my gf) immediate family member as she and I are married ( not officially though) but have lived in conjugal relationship for over 5 years. I do have lease document from last year, driver licenses with same address going all the way to 10 years, photos and most recently a document showing a house in my name and her name together. Additionally I had a "statutory declaration" under commissioner of oath with her just in case in which she is declaring that she has exclusive relationship with me. Call center attendant advised me that she was not 100% sure but the more documentation I have the better and that I should be able to show a shared address proving physical presence beyond 1 year. Since I had over 10 years of driver licenses with same address as her, a lot of photographs with her, a lease document and a newly purchased home with title in both names, I was convinced that IRCC would not give me hard time. According to IRCC website, if I am an immediate family member, I do not require a prior approval to travel to Canada as long as I can prove she is my immediate family member.
When I arrived at the airport, Air Canada, wanted to see my documents proving that I am immediate family member or an approval from IRCC that I am ok to board. I showed them my documents. They specially asked me two documents:
My partners citizenship status ( which I provided)
My lease document showing I am on the lease with her ( the lease was from last year and expired as we have now purchased a home together in Canada document of which was with me).
They did not asked me for my newly purchased home document despite my mentioning many times.
They also did not ask for any photographs or driver licenses showing shared address.
Air Canada staff member took pictures of these documents and sent them over to IRCC at Toronto airport She told me to wait. After few minutes she got a call back from Toronto airport member of IRCC and she advised Air Canada that the document sent to her were insufficient as she doesn't think I am immediate family member since I have not seen her since March 2020. ( They asked me when did I see her last). Also they did not accept expired lease document. They did not ask for anything else.
She told me she would not let me board the flight.
I work in US so as soon as pandemic started I flew to US and left her alone. Now that we purchased a new house in a new city, we wanted to move together however IRCC just prevented me from meeting her.
I have number of major issues with IRCC.
First they do not believe in your statutory declaration. No matter your position in the society they wont believe your words. They want documents based on their own definition.
Their process of determining who is immediate family member or extended family member sucks as they have not defined clearly what documents they need to prove. Isn't that enough if two adults can show and sign statutory declaration under oath?
I gathered tons of documents to prove my relationship and my physical presence and the fact that we have been together for such a long time but all in vain. This really hurts because I am lost how else do I prove my presences or my relationship with her.
IRCC will accept fake marriage certificates instead of two adult consenting persons admitting their relationship?
I am a senior manager working for a large financial organization, a position where word means a lot and suddenly you encounter IRCC where words and documents dont count. Going through this experience has opened my eyes as I know now IRCC doesn't give a shit who you are. You are worthless unless you have a paper defined by them that they must see.
It is understandable that you are frustrated but maybe some members here can give you an idea of how to ensure you do not encounter the same issue again should you wish to re-attempt flying in. Some comments and questions from my perspective and to clarify.
Canada's physical requirements is very lenient at only 730 days within 5 years. If you were unable to stay in Canada for that requirement, I hardly think it is "strict adherence" by the government officials to move to take away your PR. You chose to stay in the US (or another country, I don't know your history).
To clarify, have you PHYSICALLY AND CONTINUOUSLY LIVED WITH your partner for at least 1 year? I got confused because you mentioned your lease was from last year but that you have not seen her since March 2020. If you have not actually lived with your partner for a year with no long breaks, then you are NOT common-law and were correctly refused due to not being an immediate family member. If you have lived with your partner for a year and had proof, then CBSA was most likely incorrect (I say most likely because I cannot see the proof you showed). Having a lease does not mean you live with someone, they can just be on the lease. My spouse and I were on the lease for our first apartment in Canada for a whole year when I wasn't even living here yet because she was still sponsoring me. I was just put on the lease because I was going to live with her when I got my PR. The key is to prove that you are physically living together continuously for a year.
Again, it seems you left in March 2020. Did you start living with her in January or February 2019 and stayed with her until you left in March 2020 with no long breaks?
It totally sucks that you can't be with your long term partner right now and I hope you get to join her soon. Again, just make sure you can prove common-law without a shadow of a doubt and I believe you should be able to enter. Good luck.
Canada's physical requirements is very lenient at only 730 days within 5 years. If you were unable to stay in Canada for that requirement, I hardly think it is "strict adherence" by the government officials to move to take away your PR. You chose to stay in the US (or another country, I don't know your history).
To clarify, have you PHYSICALLY AND CONTINUOUSLY LIVED WITH your partner for at least 1 year? I got confused because you mentioned your lease was from last year but that you have not seen her since March 2020. If you have not actually lived with your partner for a year with no long breaks, then you are NOT common-law and were correctly refused due to not being an immediate family member. If you have lived with your partner for a year and had proof, then CBSA was most likely incorrect (I say most likely because I cannot see the proof you showed). Having a lease does not mean you live with someone, they can just be on the lease. My spouse and I were on the lease for our first apartment in Canada for a whole year when I wasn't even living here yet because she was still sponsoring me. I was just put on the lease because I was going to live with her when I got my PR. The key is to prove that you are physically living together continuously for a year.
Again, it seems you left in March 2020. Did you start living with her in January or February 2019 and stayed with her until you left in March 2020 with no long breaks?
It totally sucks that you can't be with your long term partner right now and I hope you get to join her soon. Again, just make sure you can prove common-law without a shadow of a doubt and I believe you should be able to enter. Good luck.
Have you watch any episodes of US homeland security border? Don't you think they are similar? I heard some green card holders lost their status because the same strict adherence to rule related to number of days present.
If you are working for s US financial institution and have not been able to meet your PR you are unlikely to be considered common law. It sounds like you were commuting to work in the US while living in Canada part-time. Although frustrating any government has the right to refuse entry to any visitor. As you previously specified you lost your status in Canada.
There is a word called "humanity" and "compassion". Where is that? The person who is being denied is not a criminal but a bona fide citizen working hard like everybody else.
Its pretty simple I am frustrated providing them documentation after documentation for 2 years as different people at IRCC have different interpretation and act differently and in the process become UNJUST and UNFAIR . They want very specific documentation that they want to see and if its not their, they don't bother to send an email asking for a similar documentation that can prove something they are looking for.. Also the most frustrating part is they don't believe in me or my partner "declaring" that we have lived together for over a year and that we are in exclusive relationship. Why do they need documentation when we have declaration and oath in front of a commissioner and this was provided to them. On the other hand they would give political asylum to people who would come the border and declare that they "have lost their documentation" and whatever they say is truth and nothing but the truth. Double Standards!!!!
I was able to meet my PR requirements but unable to prove it or underestimated them(IRCC). I assumed that after seeing all the other evidence they would grant me PR. But I am not a lawyer and do not think like a lawyer. So they want every applicant to either think like a lawyer or have a lawyer represent them and things magically work out. The same person who could not enter is now eligible and qualified to enter. Well what changed? Only the documentation and how it was ordered and submitted. If you are looking for a specific piece of evidence, why don't you pick up the phone and ask applicant instead of wasting days and weeks searching for that evidence in the pile of documentation and then sending a cryptic message that your application was denied and in most cases keep it quiet and not send anything. Let the applicant guess that their application was denied.
IRCC should look at how some other countries process immigration related cases. Since Canada is a small country ( compare to US, India or China), they should look at smaller countries. They have very transparent process without human error, is quick and not dependent upon that you hire a lawyer. Its like a "road system" in America where the lowest denominator of the society can easily navigate their ways around and reach their destination without having a GPS or a map.
In those smaller countries' system, if they are in doubt, they favor applicant instead of "denying" their application. On the other hand in Canada, if they are in doubt they "simply" deny the application. They drag it on for interpretation.
There is a difference in philosophy here. The entire immigration needs surgical reforms.
This is how I would do it:
Create a portal, ask applicants to submit applications on the portal and what they are looking to achieve ( goal)
Be specific what you are looking for NOT what documentation you need
Review most of the documentation automatically or programmatically. Like verifying name, DOB, citizenship etc.
Verify if the applicant is "good" for the economy and society"
Approve their application.
If not approved, send them a response within 2-3 working days, what additional information is needed to approve their application.
Once received, approve their application.
Deny in rare cases with solid evidence or if the person has criminal background and a threat to the society.
In those smaller countries' system, if they are in doubt, they favor applicant instead of "denying" their application. On the other hand in Canada, if they are in doubt they "simply" deny the application. They drag it on for interpretation.
There is a difference in philosophy here. The entire immigration needs surgical reforms.
This is how I would do it:
Create a portal, ask applicants to submit applications on the portal and what they are looking to achieve ( goal)
Be specific what you are looking for NOT what documentation you need
Review most of the documentation automatically or programmatically. Like verifying name, DOB, citizenship etc.
Verify if the applicant is "good" for the economy and society"
Approve their application.
If not approved, send them a response within 2-3 working days, what additional information is needed to approve their application.
Once received, approve their application.
Deny in rare cases with solid evidence or if the person has criminal background and a threat to the society.
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You don't need a lawyer to fill out any of the immigration applications. Many apply without the help of a lawyer or consultant. Would be curious to know which country you are referring to when it comes to no human error and easy process. Does this country allow immigration as easily as Canada, with such low fees and in the same large numbers as Canada?
If
You are expected to gather your own proof that you have been in Canada especially if you are travelling in and out of the country. Not sure why you didn't invest in a lawyer who likely could have helped you prove your case. Things like IDs and leases don't mean you were in Canada. Evidence of purchases in Canada on certain dates, lists of all your travels in and out of Canada, medical appointments in Canada, etc. are forms of proof showing when you were in Canada.
It is pretty understandable why an oath is not sufficient. People lie all the time. Just like any case you need concrete proof with dates, names, addresses, etc. covering the period you are claiming to live together. Getting asylum is certainly not easy without concrete proof. If you have no documentation identifying who you are you are put in immigration detention until there is a way to identify who you are. With technology many have had their fingerprints scanned at a certain point. It is much easier to prove your RO versus getting asylum.