RJ1710 said:
Hi guys
I have an interview on 20th Feb next coming Thursday .. Any suggestions or advice for the interview..what kind of question they ask ??
Please help me out with the questions whosoever gone through the interview kindly send me the questions??Can i carry my marriage photo album or video along with me.. will it help in my interview??
Waiting for the kind reply..[/b][/b][/b]
Hello Friend this is canada visa officer rules as per canada law please read this and answer them with this limit.
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The following list is a set of elements which, when taken together or in various combinations, may constitute evidence of interdependency. It should be kept in mind that these elements may be present in varying degrees and not all are necessary for a relationship to be considered conjugal.
Factor
Details
Financial aspects of the relationship
Joint loan agreements for real estate, cars, major household appliances;
Joint ownership of property, other durable goods;
Operation of joint bank accounts, joint credit cards evidence that any such accounts have existed for a reasonable period of time;
The extent of any pooling of financial resources, especially in relation to major financial commitments;
Whether one party owes any legal obligation in respect of the other.
Social aspects of the relationship
Evidence that the relationship has been declared to government bodies and commercial or public institutions or authorities and acceptance of such declarations by any such bodies;
Joint membership in organisations or groups, joint participation in sporting, cultural, social or other activities;
Joint travel;
Shared values with respect to how a household should be managed;
Shared responsibility for children; shared values with respect to child-rearing; willingness to care for the partner’s children;
Testimonials by parents, family members, relatives or friends and other interested parties about the nature of the relationship and whether the couple present themselves to others as partners. Statements in the form of statutory declarations are preferred.
Physical and emotional aspects of the relationship -the degree of commitment as evidenced by:
Knowledge of each other’s personal circumstances, background and family situation;
Shared values and interests;
Expressed intention that the relationship will be long term;
The extent to which the parties have combined their affairs, for example, are they beneficiaries of one another’s insurance plans, pensions, etc.?
Joint decision-making with consequences for one partner affecting the other;
Support for each other when ill and on special occasions letters, cards, gifts, time off work to care for other;
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The terms of the parties’ wills made out in each other’s favour provide some evidence of an intention that the relationship is long term and permanent;
Time spent together;
Time spent with one another’s families;
Regular and continuous communication when apart.
Examples of supporting documents:
Family memberships, medical plans, documentation from institutions that provides recognition as a couple;
Marriage certificate (not just a solemnization record), wedding invitations, commitment ceremony (certificate, invitations), domestic partnership certificate;
joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan, property title, joint bank statements; money transfers.
documents showing travel together, long distance phone bills; other proof of continuous communication (emails, internet chat site printouts, letters).
insurance policies (documents naming the partner as a beneficiary), wills, powers of attorney;
significant photographs;
statements of support from families, bank manager, employers, financial professionals, religious leaders, community leaders, professors, teachers or medical professionals.
The above elements may be present in varying degrees and not all are necessary for a relationship to be considered conjugal. Whether an element is present may depend on the culture or preferences of the couple. For example, in some cultures, women have a limited role in the management of the family finances; thus there may not be joint ownership of property or joint bank accounts. Some couples may choose to keep aspects of their financial affairs separate and yet are clearly in a conjugal relationship and have merged their affairs in other respects.
Officers should consider each relationship individually and take into account any other relevant information provided by the applicant (or information otherwise available to the officer), in order to assess whether a conjugal relationship exists.
Officers should also take into account to what extent the laws and/or traditions of the applicant’s home country may discourage the parties from openly admitting the existence of the relationship.
5.27. Marriage in Canada
The federal and provincial governments share constitutional power with respect to marriage (and divorce). The federal government has broad legislative responsibility for divorce and for aspects of capacity to marry or who can legally marry whom. The provinces are responsible for laws about the solemnization of marriage.
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All provincial and territorial Marriage Acts:
provide for religious and civil marriage ceremonies;
require witnesses to a marriage ceremony;
identify officials or individuals authorized to solemnize a marriage;
set minimum age requirements for marriage; and
some provinces require a medical examination.
Marriages that take place in Canada must meet federal requirements with respect to capacity (i.e., right to marry) and provincial requirements with respect to solemnization.
5.28. Minimum age for marriage
Persons below certain ages cannot legally marry in Canada without parental consent. The minimum age for marriage without consent varies between provinces. It is:
Nineteen (19) in British Columbia, Newfoundland, Nova Scotia, the Northwest Territories, the Yukon and Nunavut.
Eighteen (18) in Alberta, Manitoba, New Brunswick, Ontario, Prince-Edward Island, Quebec, and Saskatchewan.
Parental consent must normally be proven for married persons under the provincial age of majority.
Sponsors must meet provincial age requirements.
To be recognized for immigration purposes, foreign national spouses must be 16 years of age. Spouses under the age of 16 are not members of the family class as per R117(9)(a). Sponsorship applications submitted for a spouse under 16 will be refused.
Because age is an aspect of capacity to marry that can be “cured” by the passage of time, once an underage spouse turns 16, they are members of the family class. However, if the sponsorship and immigration application was submitted when the spouse was under 16, even if the spouse turns 16 during processing, the application should be refused due to the failure to have a sponsorship. The sponsor must re-apply. The Regulations require that the criteria for sponsorship be met at the time of the application [R133] and one of the criteria is that the sponsorship application be filed in respect of a member of the family class [R130].
5.29. Valid marriage: degrees of consanguinity
In order to contract a valid marriage, a person must have the "capacity" to do so. An element of capacity is that two people are not too closely related. This is called “consanguinity”.
The federal Marriage (Prohibited Degrees) Act prohibits marriage between persons related lineally by consanguinity or adoption, and between siblings, whether brother and sister by whole blood (same parents), half-blood (one common parent) or by adoption.
The following relationships, whether by consanguinity or adoption, fall within the prohibited degrees. In Canada, applicants may not marry their:
grandfather/grandmother;
father/mother;
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brother/sister;
half-brother/half-sister;
son/daughter;
grandson/granddaughter;
other lineal relatives, such as great-grandparents/great-grandchildren.
In Quebec these relationships are repeated in the Civil Code.
5.30. Recognition of a marriage
A marriage that is legally recognized according to the law of the place where it occurred is usually recognized in Canada. A16(1) puts the onus on applicants to prove their marriage is legal where it took place. A marriage, which took place abroad, must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law.
Marriages performed in embassies or consulates must meet the requirements of the host country in which the mission is located. A diplomatic mission or a consular post is considered to be within the territory and jurisdiction of the host (receiving) state. Therefore, a marriage performed in an embassy or consulate must be legally recognized by the host state in order to be valid for Canadian immigration purposes. An applicant who married in an embassy or consulate must satisfy an officer that all of the requirements of the host country with respect to marriage have been met, including whether the host country recognizes marriages performed in diplomatic missions or consular posts within its jurisdiction. Exceptions to this requirement are rare. Where there is some question, the matter should be referred to NHQ Selection Branch.
If a proxy marriage occurs at a foreign mission in Canada (the proxy is given by the foreign national and the Canadian resident is present at the mission for the ceremony), the marriage must meet the legal requirements of Canada (federal and provincial) in order to be legally valid. At this time, no provinces permit proxy marriages; therefore, these marriages are invalid.
Previously married applicants must be legally divorced before they may remarry. In addition to proving that their subsequent marriage is legal, they must first prove that their divorce was legal.
Polygamous marriages are legal in many countries, but they are not legal in Canada. Therefore, they are excluded from the definition of marriage as per R117(9)(c)(i). If the legality of a marriage or divorce is in doubt, consult the visa office responsible for the country where it took place. Provide that office with all available documents and information.
If another visa office cannot resolve any doubts, refer the matter to NHQ Selection Branch.
5.31. Persons who have undergone a sex-change
Persons, who change their sex legally, retain the sex they had at birth for the purposes of marriage. A marriage to someone who has had a sex change is recognized for immigration purposes only where the parties are of the opposite birth sex.
If the parties are of the same birth sex and have lived together in a conjugal relationship for at least one year, they may be considered as common-law partners for the purposes of immigration.
5.32. Freedom to marry
The most common impediment to a legal marriage is a previous marriage that has not been dissolved.
Marriages are dissolved through the death of one of the parties, divorce or annulm
