COMMON LAW SPONSORSHIP INLAND–– ITALIAN PARTNER

[Renata26]

Hello there,

This is my first time posting. I really hope someone can help me, instead of having to go through the hassle with an immigration lawyer...at least for the first few questions I have.

Ok....

I am a 21 year old Canadian citizen of birth. My boyfriend (common-law partner) and I have been together for five years, and currently living together in Milan, Italy since last March. We know the route for the outland application process is probably a better idea, but having to do four years of back and fourth already makes it tough... even though if it's worth it in the end and would like to proceed with the inland application.

Now...

In order to proceed with an inland application, we're aware that the two of us both have to be in Canada in order to file. Does he have to have some kind of special visa when entering to state he is here to hopefully gain status? Or just come on a visitor's visa and renew it until stage 1 is accepted?

Another question I have is for the medical examinations that are required for the entire family of the principal applicant, on the site for various countries is listed a panel physician to conduct the medical. We live in Milan, but his family is down south and coming up north could be a bit of a problem, but they are willing to try anyhow.. but is any medical accepted? Of course than translated and verified by an affidavit?

We have plenty of proof to show that we have been together for these past five years:
- Rent contract
- Joint account
- Western union receipts of when I visited my family during Christmas time and I had to pay rent
- Letters from landlord, family, friends
- Letters between the two of us
- Tickets, passport stamps of when he visited Canada two years ago and for when I visited him here in Italy prior to moving here
- Photos
- Phone bills

However, we don't/ haven't filed for taxes together as I am here working for a company in Canada and they file it all for me, and for him the tax process is completely different here as apposed to in Canada. Will this be a problem?

Also... once stage 1 is completed, is he then able to apply for a temporary working visa? What is the conditions/ likeliness of having it issued?

Thank you all for your time, and helping....

It's greatly appreciated!

 

[commonlawsponsor]

First of all - if he comes to Canada with you, you can still apply outland. Just if on the chance they ask for an interview he will have to travel to Rome.

Only his dependents have to do a medical exam. Does he have any kids? His parents or siblings don't have to do a medical exam. But the exam definitely has to be done at a panel physician.

You become common-law after living together for 1 year. So if you moved in March 2013, you were considered common-law March 2014. So you need to let the company you work for that, you should be considered common-law when they do your taxes. You should probably also call Revenue Canada yourself and let them know about the change. If you have filed as single, when you should have filed as common-law, you need to adjust your last tax return.
Don't worry about his tax return.

 

[Renata26]

Thank you for your help!

No, he doesn't have any kids... just the two of us. I will contact Revenue Canada asap.

 

[commonlawsponsor]

And really apply OUTLAND! It is much faster. Rome has been moving pretty quickly. Even if you had to pay for a flight back to Italy, for the unlikely event of an interview, it will be worth it. He can make the cost of a flight working a minimum wage job in less than a month. And with an outland application he can start working months before he would get an OWP after stage 1 with an inland application.

 

[Renata26]

And he can still be in Canada with me even if we use the outland application?

 

[Rob_TO]

even though if it's worth it in the end and would like to proceed with the inland application.

That would be a huge mistake, as times for inland processing are terrible.

It's much better to apply OUTLAND via the Rome visa office. There he would probably have his full PR approved in less time than it takes for just stage 1 of inland. During outland processing, he should easily be able to come to Canada as a visitor to wait out the process, or decide to stay in Italy. Outland gives both sponsor and applicant the flexibility to stay wherever you want, as opposed to inland where you BOTH sponsor and applicant MUST remain in Canada during ENTIRE processing of up to 21 months.

However, we don't/ haven't filed for taxes together as I am here working for a company in Canada and they file it all for me, and for him the tax process is completely different here as apposed to in Canada. Will this be a problem?

I assume you are still a resident of Canada for CRA tax purposes, so even though you're working in Italy, you are paying Canadian tax.

For the PR app, your tax status should be ok. You will submit an Option C printout from CRA which will show your 2013 tax information. Since you were officially "single" in 2013, then it's correct that your 2013 Option C that you include will show single.

However as mentioned, make sure you update your companies accounting or appropriate department, that you are officially common-law as of March X, 2014. You can actually update CRA yourself on the change from single to common-law using the "my account" website: http://www.cra-arc.gc.ca/myaccount/
If you print off the page that shows official common-law status and effective date, this can be used as an added proof of common-law in PR app.

 

[commonlawsponsor]

And he can still be in Canada with me even if we use the outland application?

Yes, Rob did a good job of explaining. But just to add a bit more. He can come to Canada as a visitor. So he won't be able to work during that time. He can also apply online, to extend his visitor visa while you are waiting for the application to be processed.

The only downside is that he might have to fly to Rome for an interview. But if you do a good job with your application, don't have any "red flags", etc. I think you should be ok. My partner just got his CoRP through Rome VO last week. We are also a common-law couple, and you seem to have good proof (some of which we didn't have) and we didn't have any problems, they didn't ask for documentation or anything.

 

[Renata26]

Thank you all for your help!

It is greatly appreciated, all the best!

 

[Renata26]

Hi guys, just another question...

If we apply via the Rome office for his PR status, is there a different mailing address required? Or once both applications are sent to Mississuaga, will CIC mail it to Rome automatically?

Sorry for the ignorance...

Thank you!

 

[commonlawsponsor]

You send everything together in one envelope to Mississauga. After approving the sponsor, they will send the rest to Rome.

 

[Renata26]

just about to send in our application!

as i'm reviewing the checklist... we want to include the statutory declaration of common law union, to provide extra proof that our relationship is genuine. however, as I am sponsoring a "spouse" I cannot have a co-signer... so how does this work? Thank you!!

 

[Rob_TO]

just about to send in our application!

as i'm reviewing the checklist... we want to include the statutory declaration of common law union, to provide extra proof that our relationship is genuine. however, as I am sponsoring a "spouse" I cannot have a co-signer... so how does this work? Thank you!!

You can include the stat declaration, but it really isn't required. If you do include it then it will be in terms of added proof, NOT under the "co-signer" part. Most people don't want to include this because of the hassle/cost to get the stat declaration notarized by a commissioner of oaths. It's only in rare cases where the visa office specifically asks for this form.

Also make sure you note in the country specific guide for Italy it states: http://www.cic.gc.ca/english/pdf/kits/guides/3901e.pdf
PROOF OF RELATIONSHIP TO SPONSOR
Also provide details of the history of your relationship and at least two statutory declarations from individuals with personal
knowledge of your relationship supporting your claim that the relationship is genuine and continuing.

So at least 2 of your friends/family will need to write letters, and get them certified/notarized. If you go with them, then you could probably throw in the stat declaration of common-law form also at the same time to get a bulk rate.

 

[Renata26]

and all of the following stat. declarations can be certified/notarised by a magistrate here in italy correct?

we have the letters from our landlord, his employer, his mother, and a friend from italy and letters from my parents (stating we are to stay at my child hood home until we settle in), my employer, and a friend in canada, which will be certified by a judge.

thank you!

 

[commonlawsponsor]

Looks like you are in pretty good shape.

Feel free to join the Rome thread. You can check out the spreadsheet to give you a better idea of how fast Rome is processing applications.
http://www.canadavisa.com/canada-immigration-discussion-board/-t189732.0.html

 

[Rob_TO]

and all of the following stat. declarations can be certified/notarised by a magistrate here in italy correct?

we have the letters from our landlord, his employer, his mother, and a friend from italy and letters from my parents (stating we are to stay at my child hood home until we settle in), my employer, and a friend in canada, which will be certified by a judge.

thank you!

Yes, you can certainly get documents certified/notarized in any country.

For the testimonials, just 2 must be certified, though you can certainly get them all done if you wish. Note that the person who wrote the letter, must be the one to appear before the commissioner of oaths to make it a statutory declaration.