Please help - Chance of success of the Sponsorship

[Janus]

I'm foreign worker; my work permit will expire next year of June. I applied immigration status with CEC in 2012, but I got refused last year.

Anyways, here is my story... my fiancé, his son (age of 15), and I have been living together over 4 years. He had his son with his ex-girlfriend when they were in high school and they never lived together or married. My fiancé has full custody of his son. My fiancé got an assault charge in high school by someone(not relatives of his ,mine, or his ex) when he was a minor (age of 17). Addition, his current incomes does not meet the minimum requirement...

So here are my questions...

1) Does he qualify to sponsor me under family class?
2) Does he NEED to meet the minimum income requirement to sponsor me because he has a son, and even he is only sponsoring me?
3) Does he HAVE to disclose his charge even it happened when he was minor?
4) we have rental agreement, joint bank accounts, tax returns, and pictures taken together.... are those sufficient enough to support our relationship is genuine and continuing???
5) Under the form IMM5540 and IMM5490, it shows at the end of the forms... "On a separate sheet of paper, provide an additional details of your current relationship that you would help to prove your relationship is genuine and continuing." What it exactly means? What it is they are looking for? A personal letter from each of us about our relationship?? Do we HAVE to provide "additional detail"?

Can someone please advise me as soon as possible??? ??? ??? ??? I want to submit the application ASAP, BUT I am so afraid I would make mistakes again like last time I applied for the CEC.... PLEASE HELP! :'(

 

[Christoph100]

Living here in Canada all together for 4yrs...

1. I think you could be sponsored as common law or if your marrying soon he could sponsor you as his spouse.
2. No income requirement for spousal sponsorship
3. As for the charge when he was a minor I am not really sure, A senior here will be able to answer that part.
4. Yes that is very good evidence

 

[Kayaker]

To add to Christoph100's input:

1. Yes. But also make sure CRA has him on file as in a common law relationship, not single.
2. He can sponsor you regardless of income. (As long as he's not on welfare or hasn't declared bankruptcy.)

4. Sure, include all that.
5. I wrote an essay outlining our relationship, describing how we met, fell in love, got engaged and married, why we want to live in Canada. It was several pages long. (My husband also wrote a shorter one to attach to his part of the application.) No, you don't HAVE to provide additional details, but remember, if your proof is not sufficient in CIC's eyes, you are going to have to go through an interview. Other than the stress of being suspected of marriage (or relationship) of convenience, that will probably add some time to the processing of your application. Just write an essay of sorts describing your relationship. The forms are so dry and bureaucratic, but this is your chance to give a more human face to your application.

 

[Janus]

Living here in Canada all together for 4yrs...

1. I think you could be sponsored as common law or if your marrying soon he could sponsor you as his spouse.
2. No income requirement for spousal sponsorship
3. As for the charge when he was a minor I am not really sure, A senior here will be able to answer that part.
4. Yes that is very good evidence

THANK YOU Christoph 100 for your respond! I hope very soon enough there are others and/or seniors here will able to provide me some clarification on my question 3 and 5.

 

[Janus]

To add to Christoph100's input:

1. Yes. But also make sure CRA has him on file as in a common law relationship, not single.
2. He can sponsor you regardless of income. (As long as he's not on welfare or hasn't declared bankruptcy.)

4. Sure, include all that.
5. I wrote an essay outlining our relationship, describing how we met, fell in love, got engaged and married, why we want to live in Canada. It was several pages long. (My husband also wrote a shorter one to attach to his part of the application.) No, you don't HAVE to provide additional details, but remember, if your proof is not sufficient in CIC's eyes, you are going to have to go through an interview. Other than the stress of being suspected of marriage (or relationship) of convenience, that will probably add some time to the processing of your application. Just write an essay of sorts describing your relationship. The forms are so dry and bureaucratic, but this is your chance to give a more human face to your application.

Thanks for the tips, Kayaker! Yes, we filed our tax return together and claimed as common-law.

 

[Christoph100]

THANK YOU Christoph 100 for your respond! I hope very soon enough there are others and/or seniors here will able to provide me some clarification on my question 3 and 5.

5. I was the one myself who took the time to write an essay detailing how we met and how we came to marry. My wife was not able to write one as she is a school teacher where she is and did not really have time to do so. But included in our application was excerpts from our written communications and skype call logs (from the very beginning), pictures etc.

 

[bartjones]

My fiancé got an assault charge in high school by someone(not relatives of his ,mine, or his ex) when he was a minor (age of 17).

3) Does he HAVE to disclose his charge even it happened when he was minor?

An old conviction for a simple assault against a non-family member should not be a problem for a sponsor.

In terms of criminality I believe the sponsorship application asks these questions of the proposed sponsor;

(i) have you ever been convicted of a sexual offence or a serious violent offence against anyone,
(ii) have you been charged with an offence under an Act of Paliament punishable by a term of imprisonment exceeding 10 years.

Assuming that he was convicted of a simple assault , (not an aggravated assault or an assault with a weapon) the answer to question (ii) is 'no'.

That leaves question (i). It's not clear to me that a simple assault with no serious injuries, committed as a minor, constitutes a "serious violent offence". Assuming that I'm correct and the assault was a minor one and no one was seriously hurt, my guess is that it doesn't, and the conviction will not be an impediment to his sponsorship application.

I think your best approach would be to answer that question in the negative. Then include a covering letter with the application that explains that the sponsor had a conviction for a simple assault when he was a minor and that you answered the criminality question in the negative because you did not view it as a "serious violent offence". That way you can't be accused of misrepresentation. Good luck.

 

[canadianwoman]

This is a case that might benefit from being looked at by an immigration lawyer. He or she can at least address the assault charge.

 

[truesmile]

I think you can answer yes, or no to that question either with or without an explanation with no impact on your application. You've already been common-law for several years and you're already here in Canada . . . won't make a difference either way.

 

[hopeandbelive]

TWP

HELLO,
i have question regarding new LMIA..
SO MY HUSBAND FOUND AN EMPLOYE few months ago when was still LMO active,and he got positive one..in meanwhile we had some issues and he didnt ue that LMO..AND DIDNT MAKE WORK PERMIT..but LMO IS STILL THERE AND IT DIDNT PASS STILL THAT 6 MONTHS,BUT IT HAPPENED THAT LMO CHANGED INTO LMIA.
SO IS IT POSSIBLE JUST TO CHANGE LMO INTO LMIA?
please help