Port of Spain Office, Trinidad and Tobago

[Dadzin]

I suggest that we DO SOMETHING ABOUT THIS! How many of you are prepared to sign a petition to be delivered to the Minister of CIC? The unnecessary delay in processing applications in POS is against Canadian principles of uniting families in a timely manner.

 

[fromadistance]

I suggest that we DO SOMETHING ABOUT THIS! How many of you are prepared to sign a petition to be delivered to the Minister of CIC? The unnecessary delay in processing applications in POS is against Canadian principles of uniting families in a timely manner.

I would sign in a heartbeat

 

[Behopeful]

I suggest that we DO SOMETHING ABOUT THIS! How many of you are prepared to sign a petition to be delivered to the Minister of CIC? The unnecessary delay in processing applications in POS is against Canadian principles of uniting families in a timely manner.

I would do absolutely anything to support this. Has anything recently been drafted or organized?

 

[Nigea]

Can anyone answer this delema

My sister has been in a relationship with a guy from St. Vincent for the past 4 years. She lives here in Canada and he in St. Vincent. She travels there and stays for 6 months and comes home. Has been doing this for 3 years. He has been here once. They were having a baby last year and she came home at 4 months to get care here during her pregnancy, but, lost it at 5 months in Dec. She went back in April, came home in Sept and back again Dec. 31 and is still there until Aug. She wants to sponsor him CL but only have a joint bank account, they pay cash for their living as he lives with his Auntie. She has never declared CL on taxes in Canada, does that pose a problem? She has a child that stays here in Canada with grandma while she is away. Does she have grounds for filing for CL.

 

[Ms Malawi]

Can anyone answer this delema

My sister has been in a relationship with a guy from St. Vincent for the past 4 years. She lives here in Canada and he in St. Vincent. She travels there and stays for 6 months and comes home. Has been doing this for 3 years. He has been here once. They were having a baby last year and she came home at 4 months to get care here during her pregnancy, but, lost it at 5 months in Dec. She went back in April, came home in Sept and back again Dec. 31 and is still there until Aug. She wants to sponsor him CL but only have a joint bank account, they pay cash for their living as he lives with his Auntie. She has never declared CL on taxes in Canada, does that pose a problem? She has a child that stays here in Canada with grandma while she is away. Does she have grounds for filing for CL.

They would need to live together for 12 months straight to be considered common law

 

[MissDominica]

They would need to live together for 12 months straight to be considered common law

Agreed. While short abscenses are allowed for work/school etc, if they have not lived together for 12 months straight, they do not have a basis for CL. Their abscences look to be quite long and the fact that she has an established life apart from him during the abscenses (vs just leaving for a short vacation or something) won't work for CL in my opinion.

 

[Behopeful]

Can anyone answer this delema

My sister has been in a relationship with a guy from St. Vincent for the past 4 years. She lives here in Canada and he in St. Vincent. She travels there and stays for 6 months and comes home. Has been doing this for 3 years. He has been here once. They were having a baby last year and she came home at 4 months to get care here during her pregnancy, but, lost it at 5 months in Dec. She went back in April, came home in Sept and back again Dec. 31 and is still there until Aug. She wants to sponsor him CL but only have a joint bank account, they pay cash for their living as he lives with his Auntie. She has never declared CL on taxes in Canada, does that pose a problem? She has a child that stays here in Canada with grandma while she is away. Does she have grounds for filing for CL.

Is the child that stays in Canada his? And if yes, is he listed on the birth certificate? Canada Revenue says when a child is born and the couple is in a relationship they are automatically considered CL from the day the child is born.
When I spoke with Canada Revenue they advised me to go back and update our status as common law and modify our taxes to represent this. We also had to declare out of country income for my husband while we were CL. Worth noting though if she is receiving any government benefits (Universal Child Tax benefit or Canada Child Tax Benefit) they will adjust her payments and may owe money back since she didn't declare CL status, I believe even if he isn't listed as the father and they say they are CL.
Why don't they start an application as CL with the evidence they have, get married at some point and submit that as additional proof? That way they could submit all the travel documents to support their ongoing relationship. A lawyer advised us of doing that before we were married and we didn't have much supporting documents either for CL. They could get sworn affidavits to support their application but the key the lawyer told us was getting married down the line to support the application.

 

[Dadzin]

Is the child that stays in Canada his? And if yes, is he listed on the birth certificate? Canada Revenue says when a child is born and the couple is in a relationship they are automatically considered CL from the day the child is born.
When I spoke with Canada Revenue they advised me to go back and update our status as common law and modify our taxes to represent this. We also had to declare out of country income for my husband while we were CL. Worth noting though if she is receiving any government benefits (Universal Child Tax benefit or Canada Child Tax Benefit) they will adjust her payments and may owe money back since she didn't declare CL status, I believe even if he isn't listed as the father and they say they are CL.
Why don't they start an application as CL with the evidence they have, get married at some point and submit that as additional proof? That way they could submit all the travel documents to support their ongoing relationship. A lawyer advised us of doing that before we were married and we didn't have much supporting documents either for CL. They could get sworn affidavits to support their application but the key the lawyer told us was getting married down the line to support the application.

It's important to note the common law under Revenue law is different that Immigration common law. Revenue law also considers visitors as residents. Big difference between the two and Revenue application of common law should not be used as a basis for Immigration common law.

 

[Behopeful]

It's important to note the common law under Revenue law is different that Immigration common law. Revenue law also considers visitors as residents. Big difference between the two and Revenue application of common law should not be used as a basis for Immigration common law.

Agreed but filing taxes together would benefit the CL application and show the family unit if a child is involved.

 

[Dadzin]

Agreed but filing taxes together would benefit the CL application and show the family unit if a child is involved.

It would, but the most important part is establishing that they live continuously 12 months together. Why don't they get married? (if genuine of course)

 

[Behopeful]

It would, but the most important part is establishing that they live continuously 12 months together. Why don't they get married? (if genuine of course)

Marriage is the simple answer here and if she is willing to file CL, I would say just get married. Truly it is less complicated in terms of trying to provide proof of co- habitation.
Perhaps she isn't able to marry though... Maybe not divorced... Who knows.

 

[CdnandTrini]

Reply: Petition Link for all - Port of Spain Office, Trinidad and Tobago

I would do absolutely anything to support this. Has anything recently been drafted or organized?

Hello Behopeful & Forum friends, I saw a petition link on another thread regarding Dadzin's great suggestion (see below) and I am all about advocacy for change. FYI, it is an initiative from the NDP so for those of you do not want to receive further emails but do want to sign the petition, make sure you "uncheck" the box for that, before you hit the send button. I am sure there are more opportunities to make our voices heard on this issue, so let's keep sharing. Letters/e-mails to MP's and the Minister are good as well; however, strength in numbers is ideal.

"Reuniting families here in Canada. Stephen Harper's radical immigration overhaul makes Canada a less welcoming place for families. Family reunification should be a central priority for Canadian immigration." http://petition.ndp.ca/reunite

Blessings

 

[Can-Vinc]

I signed the NDP petition and shared it! Something has gotta give.

 

[CdnandTrini]

Reply: Port of Spain Office, Trinidad and Tobago

I signed the NDP petition and shared it! Something has gotta give.

lol....you mean besides our sanity?

 

[Behopeful]

Re: Reply: Port of Spain Office, Trinidad and Tobago

lol....you mean besides our sanity?

Thanks CdnandTrini! I will take a look and sign.