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fars

Full Member
Mar 29, 2017
23
0
Hello Guys,

I have a question and hopefully somebody will manage helping me out. I have got my PR recently as a single applicant.

I had a proxy verbal marriage that was not documented and stayed with my spouse for 9 Months before I got my PR which was not enough to add her as a common in law. So, I have a few questions about that:

1- will not declaring that proxy verbal marriage cause any problem in the future if I apply for sponsorship?
2- when can I actually get married after getting my PR?
3- should I mention that we were together for that period of time or not?

I am so worried about that, however, we are not married legally, and we did not stay together for more than 9 months.

Thank you so much for your help.
 

Little castle

Full Member
Feb 17, 2016
35
1
Category........
Visa Office......
Havana
Job Offer........
Pre-Assessed..
App. Filed.......
26-09-2016
Hi all! I don't know if this is the right discussion for this question...but I couldn't find a suitable topic to post it and thought somebody here may know. My application was denied, and I've decided to reapply instead of appeal...but I am really hoping to get the paperwork back from the first application-especially because many of the papers are original copies. Anyone know how to go about requesting to have these back? Thanks in advance!
 

mrs.ben nafla

Full Member
May 21, 2017
43
13
Calgary
Category........
FAM
Hy guys i am in tention alot...i dont know what will happen?????Once i read or think about immgeration then i take tention alot......i am worried alot alot....IAD lady told me they will give me date between july to Agust. What will happen in full hearing i have stress alot plz help me????I filed appeal in Feb 2016....Got blue book in june 2016 still waiting...Please reply me please share your experience.
im told and from what i read...the judge has no idea of ur case..u must tell from start all about ur life with ur spouse...be patient and read and talk to people to gain knowledge.Find out all u can..
 
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Reactions: Alicee

mrs.ben nafla

Full Member
May 21, 2017
43
13
Calgary
Category........
FAM
Hi all! I don't know if this is the right discussion for this question...but I couldn't find a suitable topic to post it and thought somebody here may know. My application was denied, and I've decided to reapply instead of appeal...but I am really hoping to get the paperwork back from the first application-especially because many of the papers are original copies. Anyone know how to go about requesting to have these back? Thanks in advance!
i dont think u can get them back..but im not sure..
 

mrs.ben nafla

Full Member
May 21, 2017
43
13
Calgary
Category........
FAM
Hy guys i am in tention alot...i dont know what will happen?????Once i read or think about immgeration then i take tention alot......i am worried alot alot....IAD lady told me they will give me date between july to Agust. What will happen in full hearing i have stress alot plz help me????I filed appeal in Feb 2016....Got blue book in june 2016 still waiting...Please reply me please share your experience.
I applied in Oct 2016 for appeal..got my file or bluebook in april 2017...will have conference call in jul or aug..to set date of hearing oct 2017...
 

Client.PK2014

Member
Jan 16, 2017
12
1
I applied in Oct 2016 for appeal..got my file or bluebook in april 2017...will have conference call in jul or aug..to set date of hearing oct 2017...
Thanks for reply me....ben did u send evidence after sending appeal??Dont know what questions they ask from patrners???i am so worried??ur appeal is in Torronto??
 

mrs.ben nafla

Full Member
May 21, 2017
43
13
Calgary
Category........
FAM
Thanks for reply me....ben did u send evidence after sending appeal??Dont know what questions they ask from patrners???i am so worried??ur appeal is in Torronto??
my appeal will be here in calgary..the only thing i sent them was my fraud case in order to allow the process to forward...i been sending letters to ask how thing go..bec sometimes u not get answer in phone call..i call every few days til last fri wen i will get a conference call in july or aug to set my day in oct
 

brookslakeside

Star Member
Oct 15, 2010
193
48
Dubai, UAE
Visa Office......
Manila
App. Filed.......
19-08-2014
Doc's Request.
24-09-2014 (updated IMM1344), Submitted October 2014
File Transfer...
12-11-2014
Med's Done....
28-07-2014
Passport Req..
14-01-2015, Full Hearing December 7, 2016, Oral Decision given right away, Written Decision received December 19, 2016
VISA ISSUED...
Request for Updated Forms,Medical &Police Clearances: January 23, 2017, Emailed Scanned Copies February 22,2017
LANDED..........
28-06-2017
Hello Guys,

I have a question and hopefully somebody will manage helping me out. I have got my PR recently as a single applicant.

I had a proxy verbal marriage that was not documented and stayed with my spouse for 9 Months before I got my PR which was not enough to add her as a common in law. So, I have a few questions about that:

1- will not declaring that proxy verbal marriage cause any problem in the future if I apply for sponsorship?
2- when can I actually get married after getting my PR?
3- should I mention that we were together for that period of time or not?

I am so worried about that, however, we are not married legally, and we did not stay together for more than 9 months.

Thank you so much for your help.
You are not common law for sure because you only lived together for 9 months and not at least 12 months. Is a proxy verbal marriage legal in Canada? Ask an immigration lawyer about that. Do you have the characteristics of a conjugal relationship? Then that`s going to be a problem if you did not declare your partner. I copy pasted here the characteristics of a conjugal relationship.

Shelter -- Whether the partners live together in the same home as a couple;
Sexual and personal behaviour -- Whether the partners’ relationship is exclusive, committed and evidenced by emotional, intellectual and physical interaction;
Services -- Whether household and other family-type responsibilities are shared and whether there is evidence of mutual assistance especially in time of need;
Social activities -- Whether the partners share time together or participate in leisure activity together -- Whether they have relationships or interaction with each other’s respective family;
Economic support -- Whether the partners are financially interdependent or dependent -- Whether the partners have joined, to some extent, their financial affairs (for example, as in joint-ownership of assets or arranged them to reflect their ongoing relationship) (for example, naming the other partner beneficiary in an insurance policy or will);
Children -- The partners’ attitude and conduct towards children in the context of their relationship; and
Special perception -- Whether the partners are treated or perceived by the community as a couple.
 
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brookslakeside

Star Member
Oct 15, 2010
193
48
Dubai, UAE
Visa Office......
Manila
App. Filed.......
19-08-2014
Doc's Request.
24-09-2014 (updated IMM1344), Submitted October 2014
File Transfer...
12-11-2014
Med's Done....
28-07-2014
Passport Req..
14-01-2015, Full Hearing December 7, 2016, Oral Decision given right away, Written Decision received December 19, 2016
VISA ISSUED...
Request for Updated Forms,Medical &Police Clearances: January 23, 2017, Emailed Scanned Copies February 22,2017
LANDED..........
28-06-2017
my appeal will be here in calgary..the only thing i sent them was my fraud case in order to allow the process to forward...i been sending letters to ask how thing go..bec sometimes u not get answer in phone call..i call every few days til last fri wen i will get a conference call in july or aug to set my day in oct
We also had our Full Hearing in Calgary. Our judge is Lynne Cunningham. I forgot the name of our Minister`s counsel but she talked to me on the phone for half an hour. Just do the preparation, you and your partner should be on the same page.
 

brookslakeside

Star Member
Oct 15, 2010
193
48
Dubai, UAE
Visa Office......
Manila
App. Filed.......
19-08-2014
Doc's Request.
24-09-2014 (updated IMM1344), Submitted October 2014
File Transfer...
12-11-2014
Med's Done....
28-07-2014
Passport Req..
14-01-2015, Full Hearing December 7, 2016, Oral Decision given right away, Written Decision received December 19, 2016
VISA ISSUED...
Request for Updated Forms,Medical &Police Clearances: January 23, 2017, Emailed Scanned Copies February 22,2017
LANDED..........
28-06-2017
Apparently after they request that you update the forms and send the bio page of your spouse's passport it can take 4-6 months to get the visa as they do a back ground and security check so I am told by others who have won their ADR. If the medical and Police check have expired they can also request new ones which will be more expense and time . We won ADR December 20,2017,it went to Havana Cuba January 24,2017 request new medical January 30,2017 at our cost this was number three, Requested updated forms imm0008,5669,5406,5476 copy of right of residence receipt,Police certificate number 4 and bio page of his passport on April 18,2017. They have had all this since April 22,2017. We are now at 5 months since winning g the ADR. The system is badly in need of repair in my opinion for a Liberal Government that keeps saying they are in favor of Family Reunification. We have been in this since July 11,2014.
Did they sent you an email informing you that your file went back to your visa office? I don`t know the reason why others are sent back to their visa office and some files stayed in Ottawa. Do you have dependents? They`re doing the Background and Security check for you now.
 

brookslakeside

Star Member
Oct 15, 2010
193
48
Dubai, UAE
Visa Office......
Manila
App. Filed.......
19-08-2014
Doc's Request.
24-09-2014 (updated IMM1344), Submitted October 2014
File Transfer...
12-11-2014
Med's Done....
28-07-2014
Passport Req..
14-01-2015, Full Hearing December 7, 2016, Oral Decision given right away, Written Decision received December 19, 2016
VISA ISSUED...
Request for Updated Forms,Medical &Police Clearances: January 23, 2017, Emailed Scanned Copies February 22,2017
LANDED..........
28-06-2017
Hy guys i am in tention alot...i dont know what will happen?????Once i read or think about immgeration then i take tention alot......i am worried alot alot....IAD lady told me they will give me date between july to Agust. What will happen in full hearing i have stress alot plz help me????I filed appeal in Feb 2016....Got blue book in june 2016 still waiting...Please reply me please share your experience.
I know how hard it is to wait for the Full Hearing to happen. Did you receive your schedule already? Are you doing it all by yourself with no lawyer?Then you should have printed all your evidence and read your Bluebook. Write possible questions and answers rehearse it with your partner. Check CanLII website and read as many cases that are related to yours.
Although we had a lawyer but i spent hours taking notes, reading and talking with my partner.
 
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tony000

Hero Member
Jul 29, 2015
626
19
Hello Guys,
Appealed in July 2016.Got letter in Nov 2016 stating that we are not selected for ADR and they will let us know about hearing date.After that letter we have received nothing from IAD yet. Can I call IAD and ask them whats is going on? My Questions are ;

Who is going to be the Minister council from CIC side. I mean the Name of Him/Her?
what is the name of Judge?
How long it Might can take us to get Hearing Date?
 

fars

Full Member
Mar 29, 2017
23
0
You are not common law for sure because you only lived together for 9 months and not at least 12 months. Is a proxy verbal marriage legal in Canada? Ask an immigration lawyer about that. Do you have the characteristics of a conjugal relationship? Then that`s going to be a problem if you did not declare your partner. I copy pasted here the characteristics of a conjugal relationship.

Shelter -- Whether the partners live together in the same home as a couple;
Sexual and personal behaviour -- Whether the partners’ relationship is exclusive, committed and evidenced by emotional, intellectual and physical interaction;
Services -- Whether household and other family-type responsibilities are shared and whether there is evidence of mutual assistance especially in time of need;
Social activities -- Whether the partners share time together or participate in leisure activity together -- Whether they have relationships or interaction with each other’s respective family;
Economic support -- Whether the partners are financially interdependent or dependent -- Whether the partners have joined, to some extent, their financial affairs (for example, as in joint-ownership of assets or arranged them to reflect their ongoing relationship) (for example, naming the other partner beneficiary in an insurance policy or will);
Children -- The partners’ attitude and conduct towards children in the context of their relationship; and
Special perception -- Whether the partners are treated or perceived by the community as a couple.
Thank you so much for your reply.
Is a proxy verbal marriage legal in Canada? No, it is not legal in Canada:
RCC no longer recognizes marriages performed outside of Canada by proxy, telephone, fax, Internet and other forms of marriage where one or both persons were not physically present at the ceremony. For more information, see Operational Bulletin 613.

conjugal relationship: I have not heard about before actually, But I checked on IRCC website. I found the following:

A conjugal partner is:
  • a person who is living outside Canada,
  • in a conjugal relationship with the sponsor for at least one year, and
  • could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).
Conjugal partners are those who are prevented from living together or marrying because of circumstances beyond their control such as immigration barriers or same-sex relationships which are not legally recognized in the country where the partners live. )

We both actually are living in Canada, so I do not think this is applicable. and when I received "ready for visa", they asked only about the following:
If any change happen to the following.
Marriage or common-law union, divorce, annulment, legal separation;


I am not sure, now, I am worried.
 
Last edited:

brookslakeside

Star Member
Oct 15, 2010
193
48
Dubai, UAE
Visa Office......
Manila
App. Filed.......
19-08-2014
Doc's Request.
24-09-2014 (updated IMM1344), Submitted October 2014
File Transfer...
12-11-2014
Med's Done....
28-07-2014
Passport Req..
14-01-2015, Full Hearing December 7, 2016, Oral Decision given right away, Written Decision received December 19, 2016
VISA ISSUED...
Request for Updated Forms,Medical &Police Clearances: January 23, 2017, Emailed Scanned Copies February 22,2017
LANDED..........
28-06-2017
Thank you so much for your reply.
Is a proxy verbal marriage legal in Canada? No, it is not legal in Canada:
RCC no longer recognizes marriages performed outside of Canada by proxy, telephone, fax, Internet and other forms of marriage where one or both persons were not physically present at the ceremony. For more information, see Operational Bulletin 613.

conjugal relationship: I have not heard about before actually, But I checked on IRCC website. I found the following:

A conjugal partner is:
  • a person who is living outside Canada,
  • in a conjugal relationship with the sponsor for at least one year, and
  • could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation).
Conjugal partners are those who are prevented from living together or marrying because of circumstances beyond their control such as immigration barriers or same-sex relationships which are not legally recognized in the country where the partners live. )

We both actually are living in Canada, so I do not think this is applicable. and when I received "ready for visa", they asked only about the following:
If any change happen to the following.
Marriage or common-law union, divorce, annulment, legal separation;


I am not sure, now, I am worried.

Probably there`s nothing to worry about. Just to be sure so you have peace of mind, consult with a reliable Immigration lawyer especially the one who owns this website Campbell Cohen. Good luck.