Quebec undertaking form a-0546-ga

[ELK]

Hi,

I have a few questions about the undertaking form. I am applying to sponsor my common-law partner (I have been approved by federal) to move to Quebec. I currently live in Finland and she lives in Sweden (we lived together for two years prior to September).

My first question is, do I have to prove my income (I dont have any)? I did not have to for the federal application but now I've read a bit about having to provide for 12 months for the sponsored person, so I am a bit worried about that. Do I need a cosigner?

In section 5 it asks if I am domiciled in Quebec. Even though I come from Quebec I should write no because I have been away for close to 5 years, right?

In section 7 it asks me to respond to: I reside with, and have been in a conjugal relationship with...since....
As I don't reside with my partner at the moment, should I attach a note explaining the situation (which was explained in the federal application) and do I put the date we started living together or the date our relationship began, as it wants to know how long we have been in a conjugal relationship for.

Thank you!

 

[BeShoo]

The sentence about the 12 months starts out "If your undertaking is subject to financial requirements..." You will note that all the other family categories say, "you must demonstrate your financial capacity" except for the "Spouse, de facto spouse or conjugal partner" category. There are no financial requirements for a de facto spouse. Further, from the website:

If you sponsor your father, mother, grandfather, grandmother, a dependent child who has a child or a close relative who is a minor and an orphan, you must prove that you have at your disposal sufficient financial resources for the duration of the undertaking (see financial standards).

("Common law" is not a term used in Quebec law. Quebec laws are based on the civil code of France, and do not follow the British "common law" tradition, so there is no "common-law partner" under Quebec law. You need to use the term, "de facto spouse" where Quebec is concerned.)

"If you are a Canadian citizen domiciled outside Canada and Citizenship and Immigration Canada has agreed to process your application abroad, you must also fill out the following declaration: Declaration of sponsor abroad – Family class (A-0539-A)" So, no, you are not domiciled in Quebec. The extra form will clarify your intentions, I imagine.

For section 7, I think you should put the date that you started living together maritally, but you need to explain in a note that you had "been living maritally for at least one year with the sponsor or the principal sponsored person" but have been apart since [specify the date] due to [specify the reason] and will be able to live together again once you are in Quebec. The only thing I can find about the definition of de facto spouse if that you cease to be one once you are not living together. I think you should make a statement that you have not split up somewhere in there, unless you have, in which case you need to explain that you've reconciled. I wasn't able to find specific reference to this in Quebec law. The immigration law doesn't even mention the term "de facto spouse" (or "conjoint de fait" either) that I could find. Essentially, I think they are more or less rubber stamping the federal decision in spousal application cases.

 

[ELK]

Thanks for your reply.

I misread the sponsor living abroad form, it seems quite clear that I have to fill it out.

Apparently, you continue to be in a common-law relationship even if you are unable to live together for a specific amount of time but have previously lived together for a year. Still, I will make a note of it. In any case, all of this was explained in my federal application and given that the Québec forms are so short, it is hard to believe that they hold much weight or that there will be much of a problem given that I was accepted as a sponsor federally.

Thank you!

 

[BeShoo]

I don't think that Quebec actually has much input when it comes to spousal applications. Most seem to be approved 10-20 days after they receive them.

Economic classes are a whole different matter.

 

[ELK]

One last thing and it is a pretty silly question.

In the Quebec checklist it says:

Regardless of your situation, you must enclose:

...
proof of your residential address in Quebec

But obviously if your situation is that of a sponsor who is applying abroad then this cant be necessary.

Or am I expected to send proof from when I actually lived in Quebec?

Thanks

 

[fab]

hi,

same question here? I am from Quebec but currently not living in quebec... should I answer no to :I am domiciled in Québec ?

also they are asking for a :Enclose a photocopy
of one of these supporting
items on which your current
address appears


they seem not to state an address from quebec, I have proof of my address in quebec but not abroad...
not sure what to do.


thanks for your help!

 

[fab]

any heelp here please!