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Questions about family class sponsorship

Xylnaeri

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Aug 26, 2016
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  • I'm looking through the application forms, since me and my partner want to apply sometime next year.
    It says "country of residence", and I was wondering what I would put.

    Now if I was staying with him on a visitor status that was extended, but not LIVING there, would I have to write Canada or my home country?
    In the application would I have to apply through the Family Class or the Spouse or Common-law Partner i Canada Class?

    I'm also very confused, since it says
    ONE document from THREE of the following sets of options
    • Joint ownership (....)
    • Proof of joint utilities accounts
    • Important documents for you or your spouse showing the same address (...)
    • Important documents for you or your sponsor showing that you are recognized as each other's spouse (such as employment, insurance benefits)
    • Documentary evidence of financial support between your spouse and yourself
    • other proof that your relationship is recognized by friends or family
    What kind of letters would they mean?)
Since we wouldn't have ever lived together, most of these wouldnt be possible to provide proof off.
The only thing that would be possible to give proof of is the last one and maybe financial support from my partner to me, helping me pay for tickets and smaller things.
 

BethanyM

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Xylnaeri said:
  • I'm looking through the application forms, since me and my partner want to apply sometime next year.
    It says "country of residence", and I was wondering what I would put.

    Now if I was staying with him on a visitor status that was extended, but not LIVING there, would I have to write Canada or my home country?
    In the application would I have to apply through the Family Class or the Spouse or Common-law Partner i Canada Class?

    I'm also very confused, since it says
    ONE document from THREE of the following sets of options
    • Joint ownership (....)
    • Proof of joint utilities accounts
    • Important documents for you or your spouse showing the same address (...)
    • Important documents for you or your sponsor showing that you are recognized as each other's spouse (such as employment, insurance benefits)
    • Documentary evidence of financial support between your spouse and yourself
    • other proof that your relationship is recognized by friends or family
    What kind of letters would they mean?)
Since we wouldn't have ever lived together, most of these wouldnt be possible to provide proof off.
The only thing that would be possible to give proof of is the last one and maybe financial support from my partner to me, helping me pay for tickets and smaller things.
A spouse can sponsor the person they are legally married to, or, a person can sponsor the person with whom they have an established legal common-law spousal relationship.

As a minimum, you must have ONE FULL YEAR living together in order to be considered as common-law. There is no category for Family sponsorship as a couple, if you have less than that.

If you do not have common-law status, you can apply at conjugal partners.
Applying for Sponsorship as a Conjugal Partner is ONLY possible under the Family Class,
which means you MUST be outside Canada to apply as a conjugal partner.

A common-law partner could apply from inside Canada, but you Must have a full year of living together and you must be able to document that fact.
 

Xylnaeri

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BethanyM said:
A spouse can sponsor the person they are legally married to, or, a person can sponsor the person with whom they have an established legal common-law spousal relationship.

As a minimum, you must have ONE FULL YEAR living together in order to be considered as common-law. There is no category for Family sponsorship as a couple, if you have less than that.

If you do not have common-law status, you can apply at conjugal partners.
Applying for Sponsorship as a Conjugal Partner is ONLY possible under the Family Class,
which means you MUST be outside Canada to apply as a conjugal partner.

A common-law partner could apply from inside Canada, but you Must have a full year of living together and you must be able to document that fact.
We plan to get married, I should've mentioned that
Could you asnwer my questions with that in mind? Because I'm very confused

I also read that

Apply under the Spouse or Common-Law Partner in Canada Class if the person you want to sponsor:

lives with you in Canada
is eligible to become a permanent resident from within Canada
would like to apply for, and qualifies for, an Open Work Permit so that he or she can work while the application is being processed

I want to apply for an open work permit, but I what do they mean with living? does that mean my address is there, or me just being there?
And what does is eligible to become a permanent resident from within Canada mean?

And what is a legal immigration status?
Is that just being a visitor?
 

Hurlabrick

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Forget about the 'conjugal' route, that only applies in exteremis for exceptional cases , not for cases where it may be awkward to live together.

Common law means you must be able to prove that you live together (wherever that might be), full time (i.e. not a couple of months on a few months apart etc., AS MAN AND WIFE and have the supporting evidence mentioned to demonstrate this.

Easiest would be that you simply get married, as you seem to plan to do anyway. Then you merely have to demonstrate that the marriage in genuine etc.
 

Xylnaeri

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Hurlabrick said:
Forget about the 'conjugal' route, that only applies in exteremis for exceptional cases , not for cases where it may be awkward to live together.

Common law means you must be able to prove that you live together (wherever that might be), full time (i.e. not a couple of months on a few months apart etc., AS MAN AND WIFE and have the supporting evidence mentioned to demonstrate this.

Easiest would be that you simply get married, as you seem to plan to do anyway. Then you merely have to demonstrate that the marriage in genuine etc.
Well it says that if I didnt check the four ones above
I have to provide 1 document from three of those categories
And I will only be able to check the "first marriage" one
 

BethanyM

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Xylnaeri said:
We plan to get married, I should've mentioned that
Could you asnwer my questions with that in mind? Because I'm very confused

I also read that

Apply under the Spouse or Common-Law Partner in Canada Class if the person you want to sponsor:

lives with you in Canada
is eligible to become a permanent resident from within Canada
would like to apply for, and qualifies for, an Open Work Permit so that he or she can work while the application is being processed

I want to apply for an open work permit, but I what do they mean with living? does that mean my address is there, or me just being there?
And what does is eligible to become a permanent resident from within Canada mean?

And what is a legal immigration status?
Is that just being a visitor?
Yes, if you have entered Canada on a visitor visa, and then you get married, after you are married, while you are still in Canada you can apply for Permanent Resident.
When you send your Permanent Resident application, at the same time in the same package you include an application for an Open Work Permit.

You then have legal status to stay in Canada while your Permanent Resident application is being processed. The government expects that process to take about one year.

About 4 months after you send the application for Open Work Permit, you will receive that Permit. And then you can legally work in Canada.
 

Xylnaeri

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BethanyM said:
Yes, if you have entered Canada on a visitor visa, and then you get married, after you are married, while you are still in Canada you can apply for Permanent Resident.
When you send your Permanent Resident application, at the same time in the same package you include an application for an Open Work Permit.

You then have legal status to stay in Canada while your Permanent Resident application is being processed. The government expects that process to take about one year.

About 4 months after you send the application for Open Work Permit, you will receive that Permit. And then you can legally work in Canada.
I don't have a visa, I just have the eTA, since I'm from Denmark I didn't need a visa, is that going to be a problem?
And the Permanent Resident would be the Family / Spouse Sponsorship, correct?

Another question is, it says to declare all family members, but are family members my parents and such, or children (if I had any)?

So let's say I'm going there, and we get married, and I apply to extend my stay with the reasoning of applying for PR and the Open Work Permit, I would be able to apply through the Spouse or Common-law Class?
Originally we were going to apply outland, but now that they made a new package, I would like to stay with him.
I just want to be 100% sure!
 

BethanyM

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Xylnaeri said:
Well it says that if I didnt check the four ones above
I have to provide 1 document from three of those categories
And I will only be able to check the "first marriage" one
It might be possible for you to provide an insurance document.
Important documents for you or your sponsor showing that you are recognized as each other's spouse (such as employment, insurance benefits)

For example: if your spouse is employed in Canada, and has a health plan at work, your spouse can add you to his insurance policy.
The document showing you have been added would show you are operating as a couple.
For example even if your spouse is not permitted to add you for health benefits until after you are a resident,
your spouse can still enter your name as the person who would receive his life insurance benefits, from the employment life insurance policy, if that is one of the benefits in his employment package.

Regarding the letters: The letters should be notarized letters from family or friends which state how they know you, that you have a good relationship and they support your marriage. Letters from family will be helpful in showing your relationship is real, it is not hidden from your family.
 

Xylnaeri

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BethanyM said:
It might be possible for you to provide an insurance document.
Important documents for you or your sponsor showing that you are recognized as each other's spouse (such as employment, insurance benefits)

For example: if your spouse is employed in Canada, and has a health plan at work, your spouse can add you to his insurance policy.
The document showing you have been added would show you are operating as a couple.
For example even if your spouse is not permitted to add you for health benefits until after you are a resident,
your spouse can still enter your name as the person who would receive his life insurance benefits, from the employment life insurance policy, if that is one of the benefits in his employment package.

Regarding the letters: The letters should be notarized letters from family or friends which state how they know you, that you have a good relationship and they support your marriage. Letters from family will be helpful in showing your relationship is real, it is not hidden from your family.
Oh you can do that? I will have to figure that out, that would definitely help!
I know he has a very good insurance through his work, so it might just be possible

Let's say I can't, and I can only provide the letters (which I assume would count as one document?) Would they accept just that?
 

BethanyM

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Xylnaeri said:
I don't have a visa, I just have the eTA, since I'm from Denmark I didn't need a visa, is that going to be a problem?
And the Permanent Resident would be the Family / Spouse Sponsorship, correct?

Another question is, it says to declare all family members, but are family members my parents and such, or children (if I had any)?

So let's say I'm going there, and we get married, and I apply to extend my stay with the reasoning of applying for PR and the Open Work Permit, I would be able to apply through the Spouse or Common-law Class?
Originally we were going to apply outland, but now that they made a new package, I would like to stay with him.
I just want to be 100% sure!
If you enter Canada on visitor visa, get married, your husband wants to apply to Sponsor you for PR, AND if you intend to continue to stay in Canada until your PR application is processed,
then, you apply under Apply under the Spouse or Common-Law Partner in Canada Class and include the Open Work Permit Application

Sorry, I confused things by mentioning Visa. If you are not from a Visa country, then you only need the eTA.

Family members include YOUR parents, Your brothers and sisters, and your children.
 

BethanyM

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Xylnaeri said:
Oh you can do that? I will have to figure that out, that would definitely help!
I know he has a very good insurance through his work, so it might just be possible

Let's say I can't, and I can only provide the letters (which I assume would count as one document?) Would they accept just that?
I would try to provide:
letters from family and friends,
an insurance or other work related document from you husband which shows he has listed you as his spouse at work (such as for death benefits of his work pension plan or work life insurance)
and You can open a bank account and have a shared account with your husband.

While visiting in Canada my husband opened a bank account, his residence was outside this country, brought passport etc to the bank for id.
At the same bank which I use.
Then, because we were both customers we were able to create a shared bank account, while still maintaining our own individual accounts.

So you and your husband could open a shared account, he can put enough in for monthly expenses (and you can as well if you have your own independent savings, but you won't have employment income yet) then you can show that you both have access to this account and you both use it regularly for your shopping.

You just have to think about the types of documents you might have an opportunity to produce.
 

Xylnaeri

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BethanyM said:
If you enter Canada on visitor visa, get married, your husband wants to apply to Sponsor you for PR, AND if you intend to continue to stay in Canada until your PR application is processed,
then, you apply under Apply under the Spouse or Common-Law Partner in Canada Class and include the Open Work Permit Application

Sorry, I confused things by mentioning Visa. If you are not from a Visa country, then you only need the eTA.

Family members include YOUR parents, Your brothers and sisters, and your children.
And I need medical exams and police certificates for them too?
 

BethanyM

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Xylnaeri said:
And I need medical exams and police certificates for them too?
Medical exam and police certificate are for you not for your parents or brothers or sister, but they must be listed on the family information.
If you have dependent children, under age 19, who you may wish to sponsor later, then they would need medicals as well as you.
 

Xylnaeri

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BethanyM said:
I would try to provide:
letters from family and friends,
an insurance or other work related document from you husband which shows he has listed you as his spouse at work (such as for death benefits of his work pension plan or work life insurance)
and You can open a bank account and have a shared account with your husband.

While visiting in Canada my husband opened a bank account, his residence was outside this country, brought passport etc to the bank for id.
At the same bank which I use.
Then, because we were both customers we were able to create a shared bank account, while still maintaining our own individual accounts.

So you and your husband could open a shared account, he can put enough in for monthly expenses (and you can as well if you have your own independent savings, but you won't have employment income yet) then you can show that you both have access to this account and you both use it regularly for your shopping.

You just have to think about the types of documents you might have an opportunity to produce.
Yea like you mentioned with him putting my name on the insurance thing?

That would be good!

He has sent money to me through paypal a few times, last time he paid for my tickets to visit him, and he has sent me some money before, would that be a thing to add too?

The joint utilies, like phone, how would that work? Like can I be part of his phone, if that makes any sense?
 

BethanyM

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Xylnaeri said:
Yea like you mentioned with him putting my name on the insurance thing?

That would be good!

He has sent money to me through paypal a few times, last time he paid for my tickets to visit him, and he has sent me some money before, would that be a thing to add too?

The joint utilies, like phone, how would that work? Like can I be part of his phone, if that makes any sense?
Yes, all those things would work, Keep the travel tickets, and also keep the documents which show he paid for the tickets.
Paypal transfers, all of those are good supporting documents.
Start to print them and keep them filed for your application.
You would have to check with the specific utility or phone company at the time, it's difficult to know such exact answers in advance.
My experience is the companies usually put an account in only one name, but there could be a way for him to add you to his phone plan for example so you could have your own cell phone, and then he can provide proof that you share a family plan IF his cell company offers that.

I think you're on the right track. Good Luck