Common-law Canadian Citizen partner and EE FSW Application

[ishraqiyun77]

Hi, going through and filling out my application.

My girlfriend and I fall under common-law. She is a Canadian citizen: born in the States, but mother is Canadian. I know she needs to have her degrees from the States evaluated, but don't think she needs to take IELTS.

Anyway, I am filling out the application and it asks if your spouse/partner is coming with you. I of course say yes. This requires me to enter information about her regarding language test, employment, education, etc. I just realized it did ask me if she is a Canadian citizen, so that is good. However, I am having to select "No" to things like the language test.

Questions:

1) I should be saying she is coming with me even though she is a Canadian citizen and thus fill out the information on her?

2) Will answering "No" on language verification, "No" on having her degrees evaluated (they won't be done in time as I have 27 days left to submit the application before I have to start over) really negatively affect the application?

3) Lastly, is it possible to extend the application "days left to submit"?

 

[ishraqiyun77]

One and only bump before it gets lost in the pages.

 

[popolipo]

Hi, going through and filling out my application.

My girlfriend and I fall under common-law. She is a Canadian citizen: born in the States, but mother is Canadian. I know she needs to have her degrees from the States evaluated, but don't think she needs to take IELTS.

Anyway, I am filling out the application and it asks if your spouse/partner is coming with you. I of course say yes. This requires me to enter information about her regarding language test, employment, education, etc. I just realized it did ask me if she is a Canadian citizen, so that is good. However, I am having to select "No" to things like the language test.

Questions:

1) I should be saying she is coming with me even though she is a Canadian citizen and thus fill out the information on her?

2) Will answering "No" on language verification, "No" on having her degrees evaluated (they won't be done in time as I have 27 days left to submit the application before I have to start over) really negatively affect the application?

3) Lastly, is it possible to extend the application "days left to submit"?

Look up this topic on the forum, might help you finding answers

http://www.canadavisa.com/canada-immigration-discussion-board/should-canadian-spouse-to-be-included-in-application-t276380.0.html

 

[ishraqiyun77]

Thanks that was a helpful thread!

One thing I am still trying to understand, and it is not clear to me, is my wife who is a Canadian citizen, but has been in the States the whole time, if she needs to have her BA and MA from a university in the States evaluated (ECA) too. Anyone know?

 

[g126]

Thanks that was a helpful thread!

One thing I am still trying to understand, and it is not clear to me, is my wife who is a Canadian citizen, but has been in the States the whole time, if she needs to have her BA and MA from a university in the States evaluated (ECA) too. Anyone know?

If you go through EE under FSW then YES, she will need all that - language test, ECA, etc...

That is if you want her to get points for your profile! When a spouse is present the PA can get a maximum of 560 points and the spouse is responsible for the remaining 40 points. If she has good english/french, good education and work experience in Canada then she can get you some useful points. If you just say no to everything you're effectively losing 40 points.

NOW... since she is a Canadian citizen wouldn't be a lot easier for you both to get married and she can sponsor you as Family? EE FSW is a painful process, the marriage route is much easier...

 

[ishraqiyun77]

Hi, thanks. I thought common law and being married basically treated the same way. Even though she is a Canadian citizen, she has never lived nor worked there. She'd have to move and find work before she could sponsor me. But then again, even going the EE route we are both in the same boat really: having to find work before moving there.

 

[thepilot]

Hi, thanks. I thought common law and being married basically treated the same way. Even though she is a Canadian citizen, she has never lived nor worked there. She'd have to move and find work before she could sponsor me. But then again, even going the EE route we are both in the same boat really: having to find work before moving there.

I think you've got the statuses wrong.

She is not a citizen if she was not born in Canada or acquired the citizenship via PR>citizenship.
If she was, you would have say no as she can leave or enter Canada as she pleases.

 

[ishraqiyun77]

I think you've got the statuses wrong.

She is not a citizen if she was not born in Canada or acquired the citizenship via PR>citizenship.
If she was, you would have say no as she can leave or enter Canada as she pleases.

As stated in my original post, girlfriend is a citizen because even though she was born in the States her mother is Canadian. Everything I have read on the subject indicates she is Canadian citizen because her mother is Canadian. Thus, she has dual citizenship.

http://www.cic.gc.ca/english/citizenship/rules/

You are probably a Canadian citizen if…

you were born in Canada,
you applied for and received your Canadian citizenship (this is called becoming a naturalized citizen),
you received Canadian citizenship as a minor when a parent or legal guardian naturalized you by applying for your citizenship,
you were born outside Canada and at least one of your parents was born in Canada,
you were born outside Canada and at least one of your parents was naturalized in Canada before your birth, or
you became a citizen because of changes to the Citizenship Act.

But that does answer my question. If she is a Canadian citizen, she can come and go as she pleases, so I should say no.

 

[kryt0n]

As stated in my original post, girlfriend is a citizen because even though she was born in the States her mother is Canadian. Everything I have read on the subject indicates she is Canadian citizen because her mother is Canadian. Thus, she has dual citizenship.

http://www.cic.gc.ca/english/citizenship/rules/

Does she have a Canadian passport?

 

[kryt0n]

Has she done this? http://www.cic.gc.ca/english/citizenship/proof.asp

 

[ishraqiyun77]

Does she have a Canadian passport?

No, she is having her citizenship validated. We are operating under the assumption that she is a Canadian citizen. There is literally not a shred of evidence that I have read that contradicts: if one of your parents is a Canadian citizen and you born outside of the country, then you are a Canadian citizen.

 

[g126]

Ahhh... I read somewhere that although Canada allows for Dual citizenship, the United States does not... So theoretically when she was born in the United States she automatically abdicated her Canadian citizenship. Or perhaps her mother already did that by becoming an american citizen...

Generally this wouldn't really matter, but since Canada and the US are neighbors and they know a lot about each other, this may be an issue...

In any event, it sounds like she doesn't have a Canadian passport and lives outside of Canada so you guys will have a way to go before you can consider her an actual Canadian Citizen (you need a passport for that if you're outside your home country).

Good luck!

 

[ishraqiyun77]

Has she done this? http://www.cic.gc.ca/english/citizenship/proof.asp

In the processes. Her mother signed off, paperwork has been submitted, so just waiting for CIC to respond which should be any day now. I'm just moving forward on my application for PR to get that going. Definitely some logistics to sort out on her end as far as her going up first and getting a job, then sponsoring me, or what not.

 

[thepilot]

No, she is having her citizenship validated. We are operating under the assumption that she is a Canadian citizen. There is literally not a shred of evidence that I have read that contradicts: if one of your parents is a Canadian citizen and you born outside of the country, then you are a Canadian citizen.

Here is your problem.

One has to be born in Canadian soil to be a Canadian citizen or acquired via the immigration process.

It's a very cut and dry situation here.

 

[kryt0n]

Here is your problem.

One has to be born in Canadian soil to be a Canadian citizen or acquired via the immigration process.

It's a very cut and dry situation here.

....That's not true. He linked to CICs page before stating that...