BRAZILIAN BORN n CANADIAN PR. HAVING PROXY MARRIAGE (please help!!)

[Canzilian]

Hi there!


I am a Brazilian born and I have just immigrated to Canada through Quebec Skilled workers program.
I was studying in London since my application in 2008 and I stayed there for the whole process. I've been in a serious relationship for almost 2 years (since may/2009). We met in Brazil in April/2009 when I went for a 6 weeks holidays there. After that I returned to the UK and we kept in touch and our relationship through skype/msn and letters. By the time we met he was on the last few months of law school and preparing himself to join me in the UK after his graduation to learn and improve his English skills and of course be with me. He did it all by himself and didn't need mine or his parents financial support. So we lived together in London-UK for 11 months in total, both on a student visa status, the relationship developed and worked out very well, by that time we not only knew but we were sure that we were meant to be together. He proposed me on my birthday in Oct/2010.
In Dec/2010 I left the UK to immigrate to Canada due to date limit I was given to land here(04/01/2010) and now we are geographically apart.
I am still waiting for my PR card but I would like to be with him as soon as possible so I would like to receive your help to proceed in the best way.
My fiancé is still living in London-UK under a UK student visa valid until march/2012.
We would like to be living together in Montreal by Dec/2011 and need to rush with the process as my fiancé has already submitted himself to the medical exam and police certificates in UK and Brazil and it can be used within a certain period of time. So what we think to be the best and quickest way is to have a proxy marriage in Brazil next month and apply to sponsor him outside Canada. We are both Brazilians and our families not only live in the same city but have a wonderful relationship, so our mum's are marring us, this is legal in Brazil thus acceptable in Canada.
We have made many trips together in Brazil and in Europe. I am also sending all this stuff to prove our relationship is genuine. Cards, letters, msn chats...everything!


QUESTIONS:
1) He put on the medical form that we were common-law (as he didn't know what to put as we are yet to get married) Will he need a new medical exam after our proxy marriage or we just need to inform them about it when we apply?
2) As his is in the UK and his visa is going to expire only in March/2012 is it better chose the UK visa office for the process or we should opt for a Brazilian one?
3) Is that ok to apply to sponsor him right now as I have just arrived in Canada?
4) I am still unemployed (I have just landed) is this a big issue for our application be approved?
5) As we are going to live in Montreal does he need to prove that he is studying French?
6) All MSN and Skype chats, e-mails, cards, letters from family and friends... are all recorded or written in Portuguese (our 1st language) do we need to translate all of them? Does it depend on the visa office you choose?
7) I know every case is different but what is your view about mine, considering what I have said. Do you think it is a positive one?
8.) On the IMM 0008 (04-2010) E GENERIC (Application for Perm. Res. Form), page 2 (details of family members) As I am his sponsor and I am a PR already does he need to include me as spouse in this form?
9) On Schedule 1 - Background/ Declaration Who is the principal applicant? the sponsor or the sponsored?

Thank you so much in advance guys.

 

[kelKel]

Re: brazilian born n canadian PR having proxy marriage n sponsoring him (help!!)

When you landed in Canada was he added to your application as a non accompanying common law partner? Or did you land as single? He therefore should have had his medical tests done then. If he wasn't and you try to sponsor him now he will not be considered a member of the family class. This is your first concern.

 

[Canzilian]

Re: brazilian born n canadian PR having proxy marriage n sponsoring him (help!!)

When you landed in Canada was he added to your application as a non accompanying common law partner? Or did you land as single? He therefore should have had his medical tests done then. If he wasn't and you try to sponsor him now he will not be considered a member of the family class. This is your first concern.

hi kelKel,

Thank you for you comment.
I landed as single. However when I did so the official asked me if my status changed and I said to him that I am engaged and was living with my fiance for 11 months and have plans to get married. So he suggested me not to change the information as we were not married or considered common-law yet.
Now I am worried. Is that a problem too?

 

[canadianwoman]

You have to be living together for 12 months to be considered common law for Canadian immigration. Since you lived together for 11 months, you should be safe. But because it is so close I might expect some problems - an interview for sure.

 

[Canzilian]

You have to be living together for 12 months to be considered common law for Canadian immigration. Since you lived together for 11 months, you should be safe. But because it is so close I might expect some problems - an interview for sure.

Thank you for comment canadianwoman

So in this if he will be called for an interview do you think it is better to choose a visa office in UK as he is living there? If we choose uk do we have to translate all the msn, skype, cards and letters we have as our first language is Portuguese?

I look forward to hearing from you.
thanks

 

[canadianwoman]

QUESTIONS:
1) He put on the medical form that we were common-law (as he didn't know what to put as we are yet to get married) Will he need a new medical exam after our proxy marriage or we just need to inform them about it when we apply?

No, he won't need a new medical exam, but his putting 'common law' on the form may be a problem. If you actually were common law when you landed in Canada, at which time you declared you were single, this is going to cause a big problem for the application. Best to include a note in the application stating that he put common-law on the medical form even though you had not yet lived together for one year. In other words, you weren't really common law for the purposes of Canadian immigration.

2) As his is in the UK and his visa is going to expire only in March/2012 is it better chose the UK visa office for the process or we should opt for a Brazilian one?

London takes 9 months to process 80% of spousal applications; Sao Paulo takes 10 months. If there is an interview, he will have to go to the interview in London if he applies through London, and Sao Paulo if he applies through Brazil. If he will be in London during the application processing time, applying through London will be easier for the interview.
One consideration is that the Region Specific Guide for Brazil state that you must submit an accurate translation of anything not in English or French; the Regional Specific Guide for the UK states that the translations must be certified/notarized. Not having to get everything translated by a certified translator will be a lot cheaper.

3) Is that ok to apply to sponsor him right now as I have just arrived in Canada?

Yes.

4) I am still unemployed (I have just landed) is this a big issue for our application be approved?

No. You have to promise to support him for three years if he needs it, but for a spousal sponsorship you do not actually need to have a job or any money. Of course having a job is better, so try to find one as soon as possible. But you can start the sponsorship process without one.

5) As we are going to live in Montreal does he need to prove that he is studying French?

They want him to study French, but I don't think he has to prove it. Maybe some other forum members can help here.

6) All MSN and Skype chats, e-mails, cards, letters from family and friends... are all recorded or written in Portuguese (our 1st language) do we need to translate all of them? Does it depend on the visa office you choose?

You need to translate all of them that you include in your application (into English or French). You must translate everything into English or French if you apply through London, but also if you apply through Sao Paulo. Some people applying through Brazil have not translated their unofficial evidence (like emails, chats, cards) and have submitted it in Portuguese, and have been accepted, but this is risky. It could be they had enough other evidence that the visa officer could ignore the non-translated stuff and still accept them.
To lessen the amount of translation you need to do, you do not need to send in all the evidence you have. Choose a selection of MSN, Skype chats, emails, cards, and letters, and just translate those. Then include a note to the VO stating that you have much more of this type of evidence and that you will send it to him/her if requested.

7) I know every case is different but what is your view about mine, considering what I have said. Do you think it is a positive one?

It sounds fine. Your relationship developed normally, you have a lot of proof of communication, you have spent a lot of time together, and you are of similar backgrounds. The only problem is the question of whether CIC will consider you to have been common-law when you landed. (But I think you will win any argument with CIC over this.)

8.) On the IMM 0008 (04-2010) E GENERIC (Application for Perm. Res. Form), page 2 (details of family members) As I am his sponsor and I am a PR already does he need to include me as spouse in this form?

No, because you are already a PR.

9) On Schedule 1 - Background/ Declaration Who is the principal applicant? the sponsor or the sponsored?

The sponsored person is the principal applicant.

 

[Canzilian]

Hi canadianwoman,

Thank you so much for your explanation it was very helpful and clear.
However I have anther thing to ask you...
We have an joint account in UK do you think its worth it to include this information or it would give us more headache
Also we have a contract in our names from the flat we were renting together in london. Do I include it or forget about it?

thanks you very much again.

 

[wes786]

Hi canadianwoman,

Thank you so much for your explanation it was very helpful and clear.
However I have anther thing to ask you...
We have an joint account in UK do you think its worth it to include this information or it would give us more headache
Also we have a contract in our names from the flat we were renting together in london. Do I include it or forget about it?

thanks you very much again.

These are all proofs of a genuine relationship, so definately include that in as your supporting documents...The more the better...

 

[Canzilian]

ok then!
Thank you so much for your help!

 

[canadianwoman]

Hi canadianwoman,

Thank you so much for your explanation it was very helpful and clear.
However I have anther thing to ask you...
We have an joint account in UK do you think its worth it to include this information or it would give us more headache
Also we have a contract in our names from the flat we were renting together in london. Do I include it or forget about it?

thanks you very much again.

Yes, include them.

 

[Canzilian]

Ok I will add all stuff then!

Thank you for taking you time to aswer my questions

 

[Canzilian]

Hello Canadianwoman, hello guys!!

Sorry to bother you with all this questions but I really need someone to help me again...I have just thought of something different that maybe will work better for us, but I would need you advice...

What if instead of sponsoring him as my spouse, he applies for quebec skilled worker program as I did? We are getting married and living there anyway, so I thought it would be easier than a sponsor process... what do you think?

He has 2 graduations, one in Business Administration and the other one in Law. He also have an MBA in finances. He has a lot of work experience. He is 31. We did the evaluation on line and it was positive... also I found the process less complicated.

Questions:

1- Do you thing its better and quicker if we choose this way for him?
2- Is it better apply after our marriage and get more points because he has a wife in Canada?
3- Or it's better if he applies before our marriage as a single person?


Thanks again guys for all the response and support.

I look forward to hearing from you againa !!

 

[canadianwoman]

Applying through the Quebec Skilled Worker program might take a bit longer. Here are the timelines: http://www.cic.gc.ca/english/information/times/perm/skilled-que.asp
With the economic classes, there is less leeway for the visa officer. The requirements are clear, not like a spousal application where one always wonders if you've submitted enough evidence of a genuine relationship.

 

[Canzilian]

Applying through the Quebec Skilled Worker program might take a bit longer. Here are the timelines:
With the economic classes, there is less leeway for the visa officer. The requirements are clear, not like a spousal application where one always wonders if you've submitted enough evidence of a genuine relationship.

Hi again!! thank you for your response
I actually takes 9 months with Sao Paulo visa Office in Brazil, so lets say 11 months all parts together... and also we dont need to translate and notarize all the docs.
Just one thing that I need your opinion... Do you think it is better applying after or before our marrige? Is it possible for him to come throught skilled worker process being married to me ( a PR living in Canada)?


Thank you so much again