appeal for American partner

[nyssa]

tgchi13, I am not sure what to say about your case that hasn't already been said. What I do know, is that I understand completely having to get married in order to be together. My husband and I were seperated by the US border (after he'd been living here illegally his whole life) in April. We decided to get married this October and had a wonderful wedding! It's the same thing... you're being forced into it but not. We would have loved to have waited until we could afford a bigger wedding or what have you, but nonetheless we knew we were going to get married eventually anyway! It's definitely the best route to go in my opinion, if you know you'd get married in the future anyway. And we planned our wedding in 4 months!!! It was stressful, but we pulled it off, and now I'm very thankful for it. Best of luck to you tgchi13!

 

[ariell]

Since you are planning to get married anyway, why don't you just wait til you do and apply in the spousal category? I'm not sure why you would go through an appeal. As I said before, you do not meet the requirements for conjugal class. The onus is on the applicant to prove that they cannot live together. You could have because your partner is a US citizen. There are many successful US-Canadian common law applicants. I would suggest that you read through the section on conjugal class applications in the OP2 Manual: Processing Applicants of the Family Class to see what an IO is looking for when assessing your application: http://www.cic.gc.ca/english/resources/manuals/op/op2-eng.pdf

And while it's always easier to place blame on someone else, I honestly think you share part of the blame for not educating yourself on the process. Had you read through the requirements of this category, I think it would be clear why you don't fit there. I disagree that your refusal was because of an 'unscrupulous' lawyer. You simply do not meet the requirements for the category you applied under. Personally I think that was your responsibility to verify rather than blindly placing your fate in someone else's hands.

I'm also puzzled why you thought you would be breaking some law by having the utilities in his name. There is no law saying you can't do this. Perhaps you misunderstood something that was said to you?

 

[tgchi13]

Thanks for the luck nyssa!

Ariell, it's not my style to totally bash the exlawyer in a public forum when they can't reply - even then, still not my style actually. I have only related the most minor or items that seems to have directly impacted the decision. I did not use the word unscrupulous, nor would I. I stated a fact. I agree that we should have gotten more information, but - you know what? We did! And as you can see there are so many different views and positive and negative positions on any situation (even on this forum) we made the choice, after weighing all the considerations and interviewing representatives, that we felt most honestly represented our relationship. Believe me, we do accept blame for the poor choice of legal council. I, however, fail to see anything in the letter that is damning (there is no direct challenge specifically to conjugal portion of the application) the and am seeking further guidance and support - here, with a local immigration settlement councilor (an independent program suggested by our MP) and pursuing a paid advocate to assist with an appeal. We intend to proceed with the appeal because we think we should win. If the independent unpaid settlement councilor and the paid advocate strongly feel it is a waste, then we will reconsider.

Regarding the utilities, after having two utility companies both ask for his Canadian ID before adding him to the account, yes that is what our lawyer we advised. When I called both again today, I got the same response. What do others use when Canadian ID is required in lieu of a driver's license, Canadian Passport, other Canadian photo ID or Canadian birth certificate?

I'm looking for support and advise and I do understand and appreciate that the criticism may help prevent others from getting into this situation!

 

[NYCtoNB]

Regarding the utilities, after having two utility companies both ask for his Canadian ID before adding him to the account, yes that is what our lawyer we advised. When I called both again today, I got the same response. What do others use when Canadian ID is required in lieu of a driver's license, Canadian Passport, other Canadian photo ID or Canadian birth certificate?

I'm looking for support and advise and I do understand and appreciate that the criticism may help prevent others from getting into this situation!

what bills are you trying to put him on that they are asking for this?
our phone bill is completly in my name and i am on both his power and his pad fee as pay the bills, i never once was asked where i was from other than by the woman who collects out pad fee and wanted to place my accent

 

[tgchi13]

The biggies: Water and electricity, and heating. I too was required to provide ID to set up the accounts, and I had with me the paperwork showing that I owned the house!

Oh, but I snickered when I was told (today) he could provide the information over the phone and they would then verify it...

 

[NYCtoNB]

The biggies: Water and electricity, and heating. I too was required to provide ID to set up the accounts, and I the paperwork showing that I owned the house!

Oh, but I snickered when I was told (today) he could provide the information over the phone and they would then verify it...

what province are you in it seems odd that you would need that just to add another name to the account its not like you are opening a new one

 

[tgchi13]

We're SW Ontario - Water and electricity is provided by a local private company. Heat is provided by a national company hq'd in the province and serving Canada and the States.

I know, it doesn't seem entirely reasonable, especially since - for 2 years - he's been listed on both accounts as a contact person and has full rights and privileges to discuss the accounts.

 

[NYCtoNB]

We're SW Ontario - Water and electricity is provided by a local private company. Heat is provided by a national company hq'd in the province and serving Canada and the States.

I know, it doesn't seem entirely reasonable, especially since - for 2 years - he's been listed on both accounts as a contact person and has full rights and privileges to discuss the accounts.

so his name is on the account in a sense, does it show up on your bills?
that's all you really need
well you dont really need it but i personally say things like bills are a bigger step than marriage when it comes to a relationship its pretty much saying
i accept your debt as my own and is why i am including it, but you dont have to and if its going to cause you stress, dont bother i am sure you have other proof

what exactly is it they are saying they need his id for?

 

[tgchi13]

They said they would accept his DL license, OHIP #, Canadian Passport number or Perm res #, or his birth certificate as it is required to add any one to an account. I guess it's to go after both of us (instead of just me) if the bill ever doesn't get paid. But no, he does not show up on the bills.

I'm not too worried, he's been added to our phone and internet today, and we have spousal copies of three major store cards and a major credit card between us. He's been on, and using, my benefits for two years (and I have the receipts that show that we see the same doctor, the same pharmacist, same optometrist, vet) and we are each other's insurance beneficiary. We have mail addressed to him here, he has an active library card, receipts relating to local expenses (like his computer hard drive being replaced), a document we needed notarized was done locally, the finger prints were done locally, receipts from money being sent back and forth by wire and money order, the dog tags for all our dogs are from here (two years running). We can show that when our credit card changed, the preauthorized payment accounts changed. If need be, I'm willing to press on my bank, who were kind enough to let him negotiate my car loan (when my car died) when I was out of town and the car dealership who he dealt with (and he sent a thank you letter to) when I chose my new car to ensure everything went right and was ready, and the mechanic who looked after my car when it died...

We can have testimonials from my assistant, my parents, his landlord in the States, friends (including an American couple that stayed here with us for two weeks last summer) that will state that this is a bonafide committed relationship.

 

[Leon]

Canadian ID should not be required to get utilities, after all, there is no law stopping a visitor from renting an apartment and needing/getting utilities in Canada as long as they don't overstay. That said, there is also no reason he could not exchange his American DL for an Ontario one if he wants to. Ontario does not require you to have legal status there to get an Ontario DL.

 

[tgchi13]

Hi Leon,

I agree but my guy doesn't drive. He was surprised to find he couldn't get an identity card (similar to what he has, like a non-driving DL) that serves the same purpose.

And we don't even rent - I've owned the house for 10 years.

 

[NYCtoNB]

i really don't understand this. all it took to get my name on the bills that were in his name already was for my husband to say you can speak to my wife *gave name* about this when i am not available. and when i opened our phone account they didnt even question i gave them an amaerican address for billing
i mean either way they get paid, both were done over the phone no person infor other than his name birth day and our adress were ever asked of us.

addendum: i didn't know i could get a library card with out having PR

 

[Leon]

He doesn't have to drive. He just has to pass the written test to get his learners. That's an ID

My point about renting was that if he is allowed to rent an apartment or house and get utilities in his name, there should be no reason why he wouldn't be allowed to get utilities in his name at your house. If your utility companies are saying something different, they are overstepping their boundaries.

 

[Karlshammar]

We put utilities in both my and my wife's name when I was still a visitor. They never asked for any kind of ID information on me.

 

[tgchi13]

i really don't understand this. all it took to get my name on the bills that were in his name already was for my husband to say you can speak to my wife *gave name* about this when i am not available. and when i opened our phone account they didnt even question i gave them an amaerican address for billing
i mean either way they get paid, both were done over the phone no person infor other than his name birth day and our adress were ever asked of us.

addendum: i didn't know i could get a library card with out having PR

Maybe the difference is spouse? I didn't explain that he was my conjugal or CL or anything partner...

Now, for the library card you should be home free - at least here all he needed was proof that he was a resident of this city and when the first piece of mail came addressed to him, he went and got his library card without even opening the envelope. With your utility bills and all, that should be simple!