Can an applicant apply along with girl friend?

[autoscriptor]

Hello,

My brother is in Egypt and his chances are high for the express entry. He is asking me is he could apply as a principal applicant and his girl friend as a dependent. They are not married and they don't live together. Technically they cannot get married since they are of two different religions. I tried to look for an answer on the CIC website but with no luck.

Also, would they get any extra points from the fact that I, his brother, am a citizen?

Would appreciate any input.

Cheers,

 

[purplesnow]

if they're not living together or married then she does not qualify as his dependent.
he will get points towards the FSW total for you being a citizen but none in EE.

 

[kateg]

Hello,

My brother is in Egypt and his chances are high for the express entry. He is asking me is he could apply as a principal applicant and his girl friend as a dependent. They are not married and they don't live together. Technically they cannot get married since they are of two different religions. I tried to look for an answer on the CIC website but with no luck.

Also, would they get any extra points from the fact that I, his brother, am a citizen?

Would appreciate any input.

Cheers,

Canada permits the notion of common-law partners.

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Refers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.
This can be shown with evidence that the couple share the same home, support each other financially and emotionally, have children together, or present themselves in public as a couple.

Here's the part that may apply to them:

Common-law partners who have been in a conjugal relationship for at least one year but are unable to live together or appear in public together because of legal restrictions in their home country or who have been separated for reasons beyond their control (for example, civil war or armed conflict) may still qualify and should be included on the application.

So, to answer your question, yes they can, but it looks like it would need to be on a spousal sponsorship not a FSW co-applicant.

As for your question about points, he gets an extra 5 points towards adaptability on the FSW criteria, which may help him be eligible for EE in the first place. The CRS score (what EE uses) will not give him additional points.

Edit: Correction

 

[scylla]

Conjugal partnerships are not accepted for individuals immigrating through economic classes. Only married and common law relationships. So no, your brother cannot include his girlfriend.

 

[scylla]

Canada permits the notion of common-law partners.

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Here's the part that may apply to them:

So, to answer your question, yes they can.

As for your question about points, he gets an extra 5 points towards adaptability on the FSW criteria, which may help him be eligible for EE in the first place. The CRS score (what EE uses) will not give him additional points.

What you've quoted applies to spousal sponsorships only. Conjugal is not accepted for economic classes. So the answer is actually no, she cannot be included as a dependent.

 

[kateg]

What you've quoted applies to spousal sponsorships only. Conjugal is not accepted for economic classes. So the answer is actually no, she cannot be included as a dependent.

You're right, and I stand corrected.

http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp

A common-law partner is a person who has lived with you in a conjugal relationship for at least one year. Common-law partner refers to both opposite-sex and same-sex couples.

So, he would need to get it himself, then sponsor her if he wished her to come.

 

[kateg]

As a pragmatic question, is there another country they could get married in?

My wife and I originally came to Canada to marry because our home country would not permit us to. When we went back, the marriage was not legally recognized, but we were still married in the eyes of Canada. It meant a lot to us.

We also didn't tell out families about it.

 

[dobes]

You're right, and I stand corrected.

http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp

A common-law partner is a person who has lived with you in a conjugal relationship for at least one year. Common-law partner refers to both opposite-sex and same-sex couples.

So, he would need to get it himself, then sponsor her if he wished her to come.

I wouldn't give up so fast. You can apply with a common law partner, and Canadian statutes add this interpretation to the definition: (2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.

That definition does not limit itself to any particular status.

I think it may be possible for him to apply with her. If that is rejected, then either they could marry in a third place and then apply, or he could immigrate to Canada and then sponsor her. Good luck to them!

 

[kateg]

Good find, dobes.

 

[Egrian]

Hi there

I have similar question. Me and my girlfriend plan to register our marriage during this month and we'll get official marriage certificate but does that paragraph about living together at least 1 year means that we have to wait at least 1 year after marriage to apply or its only for non registered couples? Cause we dont have any proofs to show that we've been together before marriage. We live together but there is nothing to proof that.

Thanks

 

[ashutoshmanohar]

Hi there

I have similar question. Me and my girlfriend plan to register our marriage during this month and we'll get official marriage certificate but does that paragraph about living together at least 1 year means that we have to wait at least 1 year after marriage to apply or its only for non registered couples? Cause we dont have any proofs to show that we've been together before marriage. We live together but there is nothing to proof that.

Thanks

If you have a marriage certificate, you don't need to provide a proof that you have been living together.

I know a couple of friends who are Canadian PR now, who got married and applied immediately.

 

[dobes]

Hi there

I have similar question. Me and my girlfriend plan to register our marriage during this month and we'll get official marriage certificate but does that paragraph about living together at least 1 year means that we have to wait at least 1 year after marriage to apply or its only for non registered couples? Cause we dont have any proofs to show that we've been together before marriage. We live together but there is nothing to proof that.

Thanks

The one-year requirement is for unmarried couples, called "common law" couples. Canada is one of very few countries that allow unmarried couples who have lived together to immigrate together. Married couples - no matter how short the marriage has been so far - don't have to prove they live together.