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COMMON LAW SPONSORSHIP, NEED HELP

ariannecat

Star Member
Oct 21, 2010
181
1
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
20-01-2011
AOR Received.
01-03-2011
Med's Done....
07-12-2010
Passport Req..
09-03-2011
HI GUys, ive been completing my forms for 3 months now, and the forms are complete now and the suporting documents are reAdy too, right now im stil waiting for the copy 2, the problem is my common law partner all of the sudden is going back to canada next week to have training and he might stay ther for 2 months or more, we are moving out of our place, i have to go back to province for now, my problem is in forms i put our present adress and mailing adress whre we live today but probabaly gona move out from here next week, i dont know what to put in the forms, adress and mailing adress, when they say adress is it where we live together?OR my adress presently and his?, while our adress presently is here in manila,by the time the aplication dilvered to canada,we will be changing adress,should i send it as it is and just call them after for the info changes?or change it now?, will he moving back to canda makes less chance of my aplication getting aprove? sorry guys if my question is bit confusing..im kinda stress out what to do to make things better. any answer will be very helpful,,thank you very much.
 

heatherusa

Hero Member
Mar 23, 2010
790
64
Edmonton
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-05-2010
File Transfer...
14-06-2010
Med's Done....
22-04-2010
Interview........
Not required
Passport Req..
08-10-2010
LANDED..........
26-10-2010
Put the new address that you will be moving to. If you dont have a new address yet then wait to send the forms. It will save you a whole lot of hassle down the road.
 

ariannecat

Star Member
Oct 21, 2010
181
1
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
20-01-2011
AOR Received.
01-03-2011
Med's Done....
07-12-2010
Passport Req..
09-03-2011
thnk you for your reply, but im kinda confuse, in application is says adress, does it mean adress where u live together?or present adress where you live regrdless if ur not together at the moment?tnx :)
 

RobsLuv

Champion Member
Jul 14, 2008
1,837
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
I'm sure you're worried that you won't be able to prove you are still common-law partners if you don't have the same address when you submit the application. So you have a couple of options:

In Section 5.36 of the OP2 Processing Manual, they talk about common-law qualification when the partners are not currently cohabitating.

How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?
"According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls. This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible. For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists."

So, you have a couple of different places on the application where you need to put addresses. One is in the sponsorship forms that your sponsor is filling out. He should put the address where he will be over the next couple of months, because that's where he'll likely be when they send his notification letter for approval to be a sponsor. (Remember, if he is ordinarily living outside of Canada, he needs to include evidence with the application of his intention to return to Canada when your PR is approved - so having to attend training in Canada as part of his job [or whatever it is] might speak to his intent to eventually resettle in Canada, and could actually work to your advantage.) As far as your address - there is a requirement for a mailing address and a residential address. The residential address is where you are currently living - either in your country of birth, or a country where you were admitted with temporary status valid for at least one year. Your mailing address might be the same, or it can be different - but the mailing address will be wherever you want Immigration Canada to send correspondence to you about the process.

If your addresses have to be different right now, be sure you include a letter - signed by both of you - indicating how long you anticipate being separated, and why. They may ask you later on in the process to show that you are living together again, so don't be afraid to be honest about how long it will be before you're "co-habitating" again. Remember, periods of separation are permissible, as long as the intent is to resume the relationship as soon as possible.

Your other option would be just to wait until you're back together again, and then submit the application when you have the same address - but you probably don't want to wait for months to get this started and, according to the manual, you don't have to. I'd just use your new addresses and submit the ap as soon as you know you can have access to those addresses for receipt of anything they might send to you. Your partner won't hear anything about sponsorship approval for at least 35 days - but, if the ap isn't complete in some way, they will send it back pretty soon after receipt. You won't be hearing anything from the overseas visa office for at least a couple of months.

Once he's back with you again, and you resume your cohabitation, update the embassy with that information and any new address.
 

ariannecat

Star Member
Oct 21, 2010
181
1
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
20-01-2011
AOR Received.
01-03-2011
Med's Done....
07-12-2010
Passport Req..
09-03-2011
HI RObsluv, thank you so much , youre really a great help. :)
 

ariannecat

Star Member
Oct 21, 2010
181
1
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
20-01-2011
AOR Received.
01-03-2011
Med's Done....
07-12-2010
Passport Req..
09-03-2011
hi i have another question, in my partner;s situation , he is employed but just got hired and not strting yet , because the company hes in is still waiting for students, so he decided to go to canada and have training,hes also not sure if hes stil gona work with the company cos hes sick of waiting , but thers no assurance when hes gona be back from canada, so my question is in sponsorship evualuation, he needs to check employed?unemplyed or self employed? , right now i put emplyed and planning to put an explanation,is it good idea?im planning to put on seprate sheet, --im emplyed but since we have no student yet i decided to have training first, but as soon as my partners visa is aprrove i will relocate to canada permanetly thats why im haveing training now --thats what my partner said i shoukld type in.. but on second thought, if they see emplyed they might thiink he doesnt have enough plan of staying in canada?and im kindA CONFUSE WHICh to put.pls help,tnx so much again.
btw i am putting my new addres, i leave my partners addres blank so he can just handwrite it when he get to canada.