- EMERGENCY PLEASE: Common-Law form suddenly requested?

[gooh]

Re: Emergency Please: Common Law Form?

Out of curiosity, did you mail your package to:

CPC-Mississauga
P.O. Box 5040, Station B
Mississauga, ON
L5A 3A4

No

 

[gooh]

Re: Emergency Please: Common Law Form?

To re-post my question, and I'm sorry for all the posts but I'm very panicked right now. Would it just be worth it to visit my Fiance this month and stay there for the duration of my app? It's a completely straight forward should be no questions asked Common-Law Outland app, and we're 7 months in. Please any advice, thank you so much.

 

[Baffled]

Re: Emergency Please: Common Law Form?

I can't answer your question, but after looking at the checklist that comes with the packet, line number 5 states:

"Original of completed Statutory Declaration of Common-Law Union (IMM 5409), if you have a co-signer and he or she is your common-law partner."

Was there a co-signer used for your application process? This is in the Sponsor section of the checklist.

 

[Ponga]

Re: Emergency Please: Common Law Form?

That certainly is an option, but...with the previous extension refusal, things at the border could be tricky. You'd have to bring enough solid proof that you still have ties back `home', which it sounds like you coulod provide (along with a return ticket [fully refundable]).

With an active PR sponsorship application the officer will have to consider your dual intent in coming to Canada. Hopefully, s/he will be having a good day and will allow you to enter without any problems.

But...you really shouldn't have to go to that trouble and expense, just to fix, what appears to be, their mistake!

 

[Ponga]

Re: Emergency Please: Common Law Form?

I can't answer your question, but after looking at the checklist that comes with the packet, line number 5 states:

"Original of completed Statutory Declaration of Common-Law Union (IMM 5409), if you have a co-signer and he or she is your common-law partner."

Was there a co-signer used for your application process? This is in the Sponsor section of the checklist.

Co-signers are not allowed in a spousal sponsorship application.

 

[gooh]

Re: Emergency Please: Common Law Form?

I can't answer your question, but after looking at the checklist that comes with the packet, line number 5 states:

"Original of completed Statutory Declaration of Common-Law Union (IMM 5409), if you have a co-signer and he or she is your common-law partner."

Was there a co-signer used for your application process? This is in the Sponsor section of the checklist.

There was no co-signer, I have no idea why this has been requested.

 

[Gemini020]

Re: Emergency Please: Common Law Form?

The other day I read about a couple that had one sign it first, mail it and then have the other person sign it. It's a bit of a hassle and according to the rules you don't need it. It might be your best option though. Unless you could talk to someone about your case but I don't have experience with that (I still have to send in the application)

 

[gooh]

Re: Emergency Please: Common Law Form?

That certainly is an option, but...with the previous extension refusal, things at the border could be tricky. You'd have to bring enough solid proof that you still have ties back `home', which it sounds like you coulod provide (along with a return ticket [fully refundable]).

With an active PR sponsorship application the officer will have to consider your dual intent in coming to Canada. Hopefully, s/he will be having a good day and will allow you to enter without any problems.

But...you really shouldn't have to go to that trouble and expense, just to fix, what appears to be, their mistake!

So what viable options do I actually have for this mistake? I don't know what to do, I feel like I have no choice.

To verify, I've already passed over the border to visit my fiance after our app was put in and my visitation extension wasn't even brought up. I had extended it 3 other times previously and I've always been prompt.

The only choice I feel like I have is to do a quick trip up there to sign it with my fiance, but that is too painful for us. We've been together 8 years and apart for 5, at this point we want to be together. If I went up it would be with the intent to visit, and then extend to stay with him until our app is finished. Again, any more advice would be wonderful, thank you.

 

[jamsham12]

Re: Emergency Please: Common Law Form?

I would first get confirmation from Ottawa that you indeed need to submit this document and this is not a mistake, depending on who you get, they do respond to emails contrary to belief as I have inquired on number requests and more likely then not they respond , if they confirmed you need to submit it, I would go up to Canada and get this done asap to further avoid more processing delays and/or refusal.

 

[gooh]

Re: Emergency Please: Common Law Form?

I would first get confirmation from Ottawa that you indeed need to submit this document and this is not a mistake, depending on who you get, they do respond to emails contrary to belief as I have inquired on number requests and more likely then not they respond , if they confirmed you need to submit it, I would go up to Canada and get this done asap to further avoid more processing delays and/or refusal.

I understand, but I need a quick reply, I can't risk waiting 10 or 20 days for them to reply to me is the only thing..

 

[jamsham12]

Re: Emergency Please: Common Law Form?

I understand, but I need a quick reply, I can't risk waiting 10 or 20 days for them to reply to me is the only thing..

I am pretty certain they will reply on Monday, usually when i sent an email to inquire on a certain document request such as when I got a doc request on the 20th of this month for my sponsor to provide her T4 , Notice of Assessment, they responded within a couple hours. Its crazy how this visa office loses shiit like no tommorrow, blames the applicant and delays processing. The only time i had trouble with Ottawa is when i submitted the additional documents they tend to not respond to confirm receipt as outlined in the auto-email they send back to you once you send their office a message.

 

[gooh]

Re: Emergency Please: Common Law Form?

I am pretty certain they will reply on Monday, usually when i sent an email to inquire on a certain document request such as when I got a doc request on the 20th of this month for my sponsor to provide her T4 , Notice of Assessment, they responded within a couple hours. Its crazy how this visa office loses shiit like no tommorrow, blames the applicant and delays processing. The only time i had trouble with Ottawa is when i submitted the additional documents they tend to not respond to confirm receipt as outlined in the auto-email they send back to you once you send their office a message.

Okay, I just replied to the email asking to be sure the document request was correct, and I'm on hold with the call center to see if I can get any info at all from them. I included that it was an Outland App and we had no co-signer, I desperately hope this gets cleared up today, this weekend, monday, just soon. I feel in a state of panic, I don't know why this was requested.

 

[Baffled]

Re: Emergency Please: Common Law Form?

Well then I am all sorts of confused also. There is talk throughout the application package for the sponsor about having a co-signer that is in a common-law relationship of the sponsor co-sponsoring the principal applicant. Since there was no co-signer used for our application we left the box unchecked and did not send in that form.

It may be possible I am misunderstanding the term "co-signer" then. In Guide 3900 it sounds like a "co-signer" can be part of the sponsorship, if applicable certain forms are needed including the form discussed here. But what confuses me more is why send it to gooh now? If they were given Sponsor Approval then they should have surpassed this stage? Sounds a like a big oops on CIC's side of things. Paperwork mix up.

Try and contact Ottawa as mentioned above. Oh to note, this form is part of the Outland application package, but not sure when it was added into the package. We submitted ours in July and they received it on August. Guideline changes? Who knows? No one tells us these things.

 

[Ponga]

Re: Emergency Please: Common Law Form?

I highly doubt that there would be a reply by Monday.

The idea of completing the form and signing it, having it notarized and then sent to the partner in Canada to be signed and notarized is not a terrible idea. I know that in the U.S., parties can have a document signed without being in the same office (known as Split Signing). depending on where the OP is, and what the regulations are in Canada, this might be doable, albeit clumsy as hell for sure.

To the OP: You are the only person that can decide which option is best for you. IMHO, having to incur the expense of flying to Canada shouldn't be your first choice.

I'd also suggest having your partner contact his MP and explain the situation. I know, from experience, that MPs have a direct line of communication with CIC...and I'm NOT talking about the Call Centre. When we needed help, our MP was able to get a reply from CIC within a couple of days.

 

[gooh]

Re: Emergency Please: Common Law Form?

I have no idea, the only excuses I can see is it was a mistake or they doubt the validity of my Common-Law. I just got off with the agent and as usual they can't tell me anything. Just told me to try emailing them.