Common-law Sponsorship

[BrazilianGirl]

Howdy everyone!

I'm new to all of this.
Let me explain my situation:
I'm Brazilian and I got into Canada as a student on March of 2004. I was allowed to stay there until November, 2009.
My Canadian partner and I got together on July 2010. We moved in together on October 2010.
On april 2012 I came to Brazil to try to regulate my status in Canada. I tried to go back to Canada as a student again. My visa was denied for lack of proof of social and economic ties to Brazil.
Now my partner and I will send the Common-law application to get me back to Canada as his common-law partner.
I got a Canadian Driver's License and a Fishing License over 1 year ago with the same address as his. We also have tons of pictures together from a lot of different places and different seasons. There's also pics of my mom and my brother with us when they went to visit Canada.
He just put me in his work benefits.
There's also lots of Facebook chats and Skype phone calls evidences.

Now my questions are:

1) The fact I was without status in Canada for almost 2,5 years will affect anything?

2) The fact my student visa was denied just now on August 2012 will affect anything?

3) Approximately how long does it take for the whole process to be done in Brazil?

4) I freaking miss him! So once his Sponsorship Evaluation is done, could he invite me to go visit him in Canada and I get a Visitor's Visa?

5) Should my Police Certificates be certified even if they have the Brazilian symbol on top, then translated? What papers have to be certified?

6) Do we need a statement from family and friends of our relationship? If yes, does it need to be certified?

7) Do we need to fill out and send the "Statutory Declaration of Common-law Union"? Or only if we were bringing one of my family members or adopting a child? From what I understand, I'm not his co-signer, so we don't have to send it, but it's always good to ask and have a confirmation... =]

8 ) Those are a lot of question, eh?

If there's anyone out there who could help us, I already thank you right now!

Cheers!

 

[RobsLuv]

Now my questions are:

1) The fact I was without status in Canada for almost 2,5 years will affect anything?

As long as you were not deported, you were automatically back in compliance again the minute you left Canada.

2) The fact my student visa was denied just now on August 2012 will affect anything?

No, you were only denied temporary status. That decision does not affect your application for permanent status, as long as you have good evidences of your "genuine" relationship, which it sounds as though you do.

3) Approximately how long does it take for the whole process to be done in Brazil?

Your application will be submitted to the Case Processing Centre in Mississauga, ON first. It's currently taking 69 days for the sponsor's application to be processed at CPC-M. If the sponsor is approved, the application is then transferred overseas for processing of the applicant/immigrant. Sao Paulo is currently finalizing spousal/comon-law aps within 9 months . . . so, overall, you're looking at close to a year.

4) I freaking miss him! So once his Sponsorship Evaluation is done, could he invite me to go visit him in Canada and I get a Visitor's Visa?

It's likely that a visitor visa will be denied for the same reasons your student visa was denied - you have a significant relationship with someone in Canada and you don't have sufficient economic and social ties in Brazil. In other words, if your permanent resident application is refused for some reason, they aren't convinced you would leave Canada. It's very difficult for PR applicants from non-visa-exempt countries to get temporary status with a permanent resident application in process.

5) Should my Police Certificates be certified even if they have the Brazilian symbol on top, then translated? What papers have to be certified?

The Region Specific Guide for your area will give you more information on that. Check the document checklist for more details at this link: www.cic.gc.ca/english/pdf/kits/guides/3908e.pdf

6) Do we need a statement from family and friends of our relationship? If yes, does it need to be certified?

Depends on how strong your other evidences are. The other concern you might have is how long you've not lived together anymore before you submit the application - and the reason for not living together. Keep proof of your applications for your student visa, and (even though it will be refused) be able to show that you have applied to visit again. You want to be able to demonstrate that you are trying to live together again - that the relationship is continuing even though you're apart- and that you are being prevented from doing so because they're refusing to let you come back. Otherwise, the longer you are apart, the more difficult it is to prove you still qualify as common-law partners. If you get married first, and then submit the application, you no longer have to prove you have lived together, or for how long.

7) Do we need to fill out and send the "Statutory Declaration of Common-law Union"? Or only if we were bringing one of my family members or adopting a child? From what I understand, I'm not his co-signer, so we don't have to send it, but it's always good to ask and have a confirmation... =]

Someone else will need to answer this because I've never been that clear on the purpose of the C/L Declaration - so I don't know if it's applicable to your case.

8 ) Those are a lot of question, eh?

Nah, you're good!!

 

[BrazilianGirl]

Thank you very much!!
I just can't believe we'll have to be apart for a year...
But as we both said, what is 1 year compared to a life time, right?
Just one more thing, could he come to visit me?

Thanks again! =]

 

[computergeek]

Just one more thing, could he come to visit me?

As long as he is permitted to do so, absolutely. In fact, if he has come to visit, I'd also submit that evidence as well, as it demonstrates the ongoing nature of the relationship.

 

[BrazilianGirl]

Awesome!
We are sending the papers now on October, and planning for him to come visit on January. I guess it'd be a little late to submit that evidence...
But honestly, I don't care. As long as I don't have to wait a whole year to be with him again, I'm happy!
Thanks a lot! =]

 

[MissDominica]

For the Stat. Declaration of Common-law - you DO NOT have to fill it out. However, I strongly suggest you DO fill it out as an extra proof that you are willing to file a document claiming your CL status.

We didn't need to do it, but we did (CL). We signed the form and got it notarized and then we included a little letter attached to it and said "We are aware that we did not need to fill out this form, however, we did so as proof that we openly declare our relationship as common-law. If it is not helpful for our application, please disregard this form."

Good luck!

 

[BrazilianGirl]

Thanks MissDominica!

But where should it get notarized? There in Canada? Don't I have to be present when it gets notarized, or should I just sign it and send it to my partner?

Thanks again! =]

 

[computergeek]

But where should it get notarized? There in Canada? Don't I have to be present when it gets notarized, or should I just sign it and send it to my partner?

A notary must see you sign it to attest your signature. So you must either each have the same one notarized by two different notaries, or you can just send in a signed document without notarization.

 

[BrazilianGirl]

They can probably check my signature from my passport, right?

Thanks! =]

 

[computergeek]

They can probably check my signature from my passport, right?

Thanks! =]

In my experience, they have to watch you sign it. But there's nothing that says you can't have your signature attested separately from your partners signature.

 

[MissDominica]

In my experience, they have to watch you sign it. But there's nothing that says you can't have your signature attested separately from your partners signature.

I agree. You may have to get 2 separate notaries (one to watch you sign and one to watch your man sign) because legally they should watch you sign it.

 

[BrazilianGirl]

Thanks a lot, people!