Port of Spain Office, Trinidad and Tobago

[MissDominica]

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.

For Canada Revenue they may be considered CL but do not meet the criteria for immigration CL. It clearly states 12 continuous months of living together (regardless if you have 10 kids together or what-have-you). And while children together, etc is excellent proof of a genuine relationship, it cannot be used to support a CIC common-law application because in CIC's eyes, they are not common-law and their application would be sent back without processing for applying in a category they did not qualify for. Also, applying CL and then marrying won't work either. The CIC manual states that the officer is not forced to reconsider an application if changes (such as marital status) are submitted to an application that otherwise does not meet the category requirements. CL is a not possible for this couple. Conjugal is also not possible. They either need to live continuously together for one year (and prove it) or get married. If they were to marry, the child, proof of staying together for months, etc WILL be good proof of a genuine relationship/marriage. But for CL, it's not applicable since they are not CL.

 

[Trini100]

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

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
Blessings

Signed and voting ndp next election

 

[CdnandTrini]

Reply: Port of Spain Office, Trinidad and Tobago

Thanks CdnandTrini! I will take a look and sign.

You are most welcome

 

[CdnandTrini]

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

Signed and voting ndp next election

lol........

http://petition.ndp.ca/reunite

 

[Dadzin]

For Canada Revenue they may be considered CL but do not meet the criteria for immigration CL. It clearly states 12 continuous months of living together (regardless if you have 10 kids together or what-have-you). And while children together, etc is excellent proof of a genuine relationship, it cannot be used to support a CIC common-law application because in CIC's eyes, they are not common-law and their application would be sent back without processing for applying in a category they did not qualify for. Also, applying CL and then marrying won't work either. The CIC manual states that the officer is not forced to reconsider an application if changes (such as marital status) are submitted to an application that otherwise does not meet the category requirements. CL is a not possible for this couple. Conjugal is also not possible. They either need to live continuously together for one year (and prove it) or get married. If they were to marry, the child, proof of staying together for months, etc WILL be good proof of a genuine relationship/marriage. But for CL, it's not applicable since they are not CL.

Excellent advice Honorable Member.

 

[MissDominica]

Excellent advice Honorable Member.

Why thank you!! Since I applied CL, I've done the research.

How are you holding up??

 

[Nevaeha]

Hello neighbour!

I see things are just as quiet in the POS thread as it is in the Kingston thread.

I hope you are all enjoying the long weekend.

Come on over for a visit when you have time!

 

[Dadzin]

Why thank you!! Since I applied CL, I've done the research.

How are you holding up??

I holding up good! Daughter getting big! Waiting on case notes to see the latest.

 

[MissDominica]

I holding up good! Daughter getting big! Waiting on case notes to see the latest.

Me too! 8 days so far.. 22 to go lol

 

[Trini100]

Hey guys just want to let u know my wife was sucessful in getting a 6months single entry visa ;D
Hopefully she will be here in June!!! So happy right now!!!

 

[MissDominica]

Hey guys just want to let u know my wife was sucessful in getting a 6months single entry visa ;D
Hopefully she will be here in June!!! So happy right now!!!

Wow! That's excellent news!! So happy for you.

Pissed that POS rejected ours when we applied... but at least someone gets to be with their spouse. The fact that she'd been to Canada before and not over-stayed was a big reason that you were issued the visa.

Enjoy!!!!!!!

 

[Dadzin]

Update from case notes.

Security: Not Started
Criminality: Not Started
Medical: Passed - Expired

***Undertaking Length** 36 months ???

POS has done nothing on our file since our last case notes request in January. Its going on 16 months. Medical now expired. Wow what's going on??
Thank God my family is with me in Canada, as this appears hopeless!

 

[CdnandTrini]

Hey guys just want to let u know my wife was sucessful in getting a 6months single entry visa ;D
Hopefully she will be here in June!!! So happy right now!!!

Congrats!! Getting a TRV is almost a miracle in itself . Do you mind sharing what proof you provided to convince them that she will return? Like many others, my husband and I have tried also (several times) and have not been successful. Probably the fact that your wife has travelled before and returned was indeed a factor. Blessings.

 

[CdnandTrini]

Reply: Port of Spain Office, Trinidad and Tobago

Update from case notes.

Security: Not Started
Criminality: Not Started
Medical: Passed - Expired

***Undertaking Length** 36 months ???

POS has done nothing on our file since our last case notes request in January. Its going on 16 months. Medical now expired. Wow what's going on??
Thank God my family is with me in Canada, as this appears hopeless!

Ouch!! Dadzin, that must be so frustrating. Thanks for letting us know though and thankfully as you said, you are with your family. What does it mean when it says "***Undertaking Length** 36 months ???"

 

[millslu]

congrats on the TRV that is a blessing there.

wow @dadzin good thing you dont have to rely on them to reunify your family, that would be a waste of time.

keep the faith forum.

quick question: when i got my interview it was mailed to me, now my arc is in process , would the result be mailed to me in slow mail, will they ask for my passport etc in slow mail, which takes two weeks?