***Declaration of Severance of Common-law Relationship*** SPOUSE APPLICATION

[Khuda]

Hello! I am actually not new in this forum but had to create a new account that's why it's kinda new It's been awhile since I last visited and read posts here. I am hoping I can get a reply or advise on my situation. I was sponsored under conjugal in 2009, landed in 2011 June and and in a common-law relationship until June 2013. Unfortunately, our relationship didn't last, and I have no contact with my ex partner.

I met my wife now in 2014 and got married on Jan 2015 here in Canada. We are in a same sex relationship, by the way. My wife was studying in the US when I met her and moved in with me here in Toronto on Oct 2014 for almost 6 months as tourist. At that time, I didn't sponsor her before because I thought I was under the five year bar. I was really confused of what it really meant. It says that if you were sponsored before March 2012, you are not affected of this change. My confusion is if it's me who were sponsored before March 2012 or if I will sponsor my wife which will be after March 2012.

We decided to go back home on April 2015 and tried our luck in the Philippines and because we didn't want her to overstay and break the rules. Let me say we had our time together for a year ( like honeymoon stage lol) before I went back home in Toronto.

Anyway, just to be sure, I am out of the 5 year bar on June 10, 2016. To be on the safe side we decided to file our application in July of this year. She's currently in the Philippines, I am now working with my previous employer since May 16,2016. While I was doing the Sponsor Forms I need an advice on some of the few questions, so it will just be one shot for us. Please see below

1) If I were sponsored under spouse, conjugal, common law in 5 years preceding this application Do not submit as I will not be eligible to sponsor a spouse. Does this apply to me? I believe it's not because I was sponsored in 2009 under conjugal. Please confirm

2) What was my personal income in the last 12 months preceding this application. I am really not sure if there's a minimum requirement in sponsoring a spouse. My amount included is the one I got from my tax refund and salary from my start date until June 30. ( because I plan to submit our application on July 4) Would this be enough? Though we have a joint account in the Philippines and a little savings. Should we include a bank statement as supporting document?

3) Because I was sponsored under conjugal and was in common law relationship for 2 years, do I need Declaration of Severance of Common- Law? Or my Option C in 2014 and 2015 would show my status and of course my Marriage Certificate to prove that I severed my relationship with my ex?

4) My wife stayed in the US for almost 2 years, 5 months as tourist and the rest as student. Hence, she has to get police certificate from FBI. It would take 60 days as per their website to issue a police clearance. Can I already send our application and provide a letter that it's requested and just waiting for it? So that our application would start and send to Manila office for processing?


I know this is quite long, I am hoping for your patience to read and provide advise I can't think of anything now. Thank you, all in advance!

 

[scylla]

1) Yes - the five year ban applies to you. The application date that matters is when your application to sponsor your new partner is received by CIC (not when the application to sponsor you was received). But like you said, if you submit your application in July - you'll be fine.

2) There's no minimum income requirement. Yes - you do however want to submit a bank statement or tax return demonstrating you can support your partner.

3) Yes - you need the severance.

4) Yes - you can send the application without the FBI cert.

 

[Khuda]

Hi Scylla,

I was surprised I got an immediate response. Thank You! That helps a lot

 

[Khuda]

Sorry, I have a follow up question. If my marriage certificate and tax declaration that I filed in 2014 as single would not suffice do I need to contact my ex for the declaration? Or just have it declared and notarized? Thanks!

 

[nartcr]

Sorry, I have a follow up question. If my marriage certificate and tax declaration that I filed in 2014 as single would not suffice do I need to contact my ex for the declaration? Or just have it declared and notarized? Thanks!

2 things,

posting same question on multiple threads is not a nice way, although i understand your urgency.

Didnt you file your tax for 2015 fiscal year?

 

[Khuda]

Hi Nara,

I didn't know that it's not allowed or not nice to post same question twice or on other thread that I feel like relevant to my concern and may get help from the experts. Not everybody will read all the threads here and I was hoping I would get advise on my situation not advise on what I would do with regard to posting.

Anyway, I did file my 2015 tax as married. Thank You for you response.

 

[scylla]

Hi Nara,

I didn't know that it's not allowed or not nice to post same question twice or on other thread that I feel like relevant to my concern and may get help from the experts. Not everybody will read all the threads here and I was hoping I would get advise on my situation not advise on what I would do with regard to posting.

Anyway, I did file my 2015 tax as married. Thank You for you response.

You still need the severance.

Since this forum provides free advice, it's generally considered polite to post a question once. Since it's a free site and we are all normal people, it can often take many hours to get a response. If your question isn't answered after a few days, by all means go ahead and re-post. We recommend those looking for immediate answers to their questions (i.e. those unwilling to wait) hire an immigration lawyer to assist them.

 

[Khuda]

Hi Scylla,

Thank you again for your response. I just want to clear myself that I am not impatient. That's why I replied to your response that it was fast. I didn't know that it's not polite to post same question on another thread, to be honest. I just saw that thread for outland spouse application after I created this thread.

It's just not fair to say that it's not nice and not polite, for me personally. I completely know and understand that this is a free advise and people are helpful here in the forum. I have seen some posts in other threads hoping that I could get answer from the experts, too. Not because I don't believe in your answer, which for me is very helpful.

If you feel like it's not polite, I respect your opinion. If have means to hire a lawyer, I would've done so.

Again, this is also my opinion. I didn't mean to be disrespectful and I feel like the word not nice or polite is not warranted because I did post 2x the same question.

Thank You again for taking your time answering my question.

 

[nartcr]

Hi Nara,

I didn't know that it's not allowed or not nice to post same question twice or on other thread that I feel like relevant to my concern and may get help from the experts. Not everybody will read all the threads here and I was hoping I would get advise on my situation not advise on what I would do with regard to posting.

Anyway, I did file my 2015 tax as married. Thank You for you response.

2015 tax certificate as married is what you need, based on what you have explained. Although you can attach 2014, if you like. No harm in doing so.

While, I didnt mean to question or judge on what you would do with regards to posting your questions on multiple threads. Again, we are all forum members, keen on helping others during our free time. Repeating the same post ( as i was saying earlier ) would have us go through your posts in multiple threads while missing other possible important threads. Other issue being, people may simply not respond back incase they see the same questions in multiple threads. Anyways, good luck.