Some advice please

[nzlocal]

Hello,

I have been searching a lot and am beginning to lose hope.

I have written in italics, our relationship history as it is not directly important to some questions. So feel free to skip it if you could help me with other questions!

I am a New Zealand citizen and my girlfriend is Canadian. Her Visa for NZ will expire at the start of October this year, however she has booked her flight for 29th September.

We met in January 2010 in Canada. I left Canada April 15th. She moved to NZ and moved in with me about June 6th (How can I prove this as I was the sole tenant on the rental forms? Will a letter with contact details from the Landlord be sufficient to prove we lived together?)
As she had already planned to travel to Australia and our work was seasonal, she traveled around my country and we were away for about 1 month before I met back up with her. We lived again, together for 1 month but at a friends house (so probably no proof of this other than the word of friends). She Flew out to Oz on January 3rd and I flew to visit her for 6 days from February 6th (I have a boarding pass, itinerary, and also a bus ticket from this trip).
She is returning to New Zealand on the 4th of May, and we are going to Asia together to travel from 9th May -15th June when we will return to NZ and live together until the 29th Of september when her sponsored visa expires and she flyes back to Canada.

We are not big photo people and do not have a lot of photos of us together. But how do they tell when the pictures are from anyway? How do I prove that a picture was from a specific time?
Are personal referees okay evidence? Can a friend confirm that we started seeing each other in January 2010? Can Landlords? Can anyone?
I read that chat logs can be used as evidence, but this seems like an odd and awkward thing to share with someone.
At the moment I have few photos (although we will have numerous after returning from asia, and by the time she leaves NZ as we will make an effort to take them)
I have details of my trip to Australia to visit her
I also have limited emails (we communicate mainly by txt or phone, but prepaid phone so no proof of call)

Ideally I will get a sponsored visa to work in Canada at a Ski hill so we can extend the time we have lived together and gain more evidence like photos! However, what are the chances of a partner sponsored visa?
I have tried the free assesment on immigration websites and they seem to tell me I am not eligible UNLESS we happened to be married. But to be honest, my girlfriend is rather against the idea of that!


I am very much open to anyway of getting to Canada to be with her! I have also looked at a skilled worker visa and in some tests I pass with flying colours and others I am merely 1 point off!
I have a Diploma in Recreation Leadership from a Polytechnic. How does this rank as a Skilled worker occupation?

The way I see it is we have few options! 1. I get a sponsored visa for Canada 2. I convince her to stay in NZ on a partner visa (much easier than a canadian one!) or 3. I fly to Canada and live with her on a visiter visa until we have aquired enough evidence to get a spouse visa!


Sorry for so much info!

Thank you for any insight you can give me.

 

[sidkrose]

I have no idea about the working visas. However, if you were to apply for PR under spousal sponsorship you would probably not be accepted. Your best option if you want to come to Canada under spousal sponsorship would probably be to fulfill some of the requirements to apply as a common law couple. You would need to live together for one continuous year (with breaks of no more than a couple weeks to visit family or for business etc). You would need to show proof such as lease agreements, utilities paid together, joint bank accounts, naming one another as beneficiary, basically that you have combined your financial lives to the extent possible. You could get friends and family to write letters on your behalf (notarized is best) and you could sign a Statutory declaration of common law union (IMM 5409).

As for photos, they obviously can't be sure exactly when they were taken, but I think if people travel to well known places, or easily recognizable places and then have plane/train tickets, hotel receipts etc from that place it is better. Also, if you have multiple years of birthdays or holidays, or pictures with each others families they like that kind of proof, because it shows you are part of each others lives at important times.

 

[rjessome]

What about trying the IEC-WHP? See here:

http://www.dfait-maeci.gc.ca/asia/whp/intro-en.asp

 

[fleo]

First of all, welcome to the forum! ... and now on to some clarification

To be eligible as a member of Family class (partner-sponsored visa, as you call it), you and your girlfriend would have to be either married or common-law partners, and for that you need to prove at least 1 year of continuous cohabitation (joint lease agreement, utility bills in both names or bills coming to both of your names at the same address - but a notarized statement from your landlord would also be acceptable). However, it has to be for 12 consecutive months, and even if you were travelling during that time your "base" still has to be together somewhere.

At the moment you don't seem to meet this condition, but I'll try and answer the rest of your question anyway just in case

But how do they tell when the pictures are from anyway? How do I prove that a picture was from a specific time?

You can't, but this is why it's important to include a wide array of pictures covering different events and occasions (different clothing, different hair, obviously different locations, with different people... anything that would indicate a certain time span. This is also why holiday pictures are very useful; if there's a big Christmas tree behind you and you're both opening presents, it's easy to tell when this is happening and it isn't very likely you just staged it for a photoshoot )

Are personal referees okay evidence? Can a friend confirm that we started seeing each other in January 2010? Can Landlords? Can anyone?

They can, as can family members from both sides. Have them write letters, ideally notarized and with their contact information, describing the development of your relationship from their point of view.

I read that chat logs can be used as evidence, but this seems like an odd and awkward thing to share with someone.

Ah, yes, well I didn't mind sharing with the world, but my husband was objecting on that grounds as well - we ended up sending a few samples covering different events over some time, and printscreens showing the /number/ of emails in our inboxes and MSN log folders we had saved. Hopefully it went to show we were constantly in touch without letting the CIC officers in on inappropriate details ^^

As for Federal skilled worker application, I have no idea -_- But it would be awesomely terrific if you could pull that one off, mostly because it's simpler and much more straightforward than Family class... although it would still take quite some time.

The way I see it is we have few options! 1. I get a sponsored visa for Canada 2. I convince her to stay in NZ on a partner visa (much easier than a canadian one!) or 3. I fly to Canada and live with her on a visiter visa until we have aquired enough evidence to get a spouse visa!

Option 1 is not available to you at the moment, as you aren't married and don't meet the 12-month condition for common-law. So, you can either try getting into Canada on your own merit (through FSW application or on a work visa if someone would get a Labour market opinion for you), or you can try meeting the common-law condition. However, in my very unprofessional opinion, that would have to start from June 15th, as the time you spent together before that and travelling back and forth doesn't count as "continuous cohabitation".

Now, this business of living together can be either in New Zealand if she's willing to stay, or you could come to Canada as a visitor (you would be able to extend your status from the initial 6 months once you are in Canada; "preparing a family class common-law application" usually goes well as a reason for extension ), but during that time you wouldn't be able to work unless you had an (unrelated) work visa.

Or you could get married and speed things up a bit

As for the type of evidence you would need to mix in with the ones you already have, I would try opening a joint bank account, put each other on some insurance/will stuffz, get both names on bills and such, anything in the financial/combined affairs department really. I warmly recommend you go through the processing manual:

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

And best of luck

 

[kiwikris]

Hi NZ local, I am also a kiwi

Try different provincial visas, some don't take much time to get I don't think...?? I am guesing you have already used the one year work visa for Canada. If you passed some of the tests go for that option. Get a year continuious living under your belt and then apply for commonlaw through outland(Sydney Australia NOT inland as it will take much less time like a year or more!!! Here is every province
http://www.cic.gc.ca/english/immigrate/provincial/apply-how.asp

Sidkrose is right you need more time living together for common law sponsorship and as much as you may dislike photos and it being odd someone else reading your chat logs to apply for sponsorship you NEED to include proof. Remember the peson looking at your file does not know you and the decision is in their hands and you want to avoid having to have an interview to prove your relationship to some stranger. Yes you can get letters of reference from friends but that is only a very small part of it. SERIOUSLY consider printing off/ order/ or look online at the forms you have to fill in for common law and work towards getting the proof you need also your GF would need to commit to sponsoring you for 3 years. There is so much you need to do and the information you need to collect. eg Every address you have ever lived at since you were 18. What you have done since you were 18 jobwise and if not working then what, you have to cover every single day or they send the application back.

If it is easy to get NZ visa for her then do that (if she is willing) and get together proof/time/pictures and then apply for common law before leaving NZ so you can still work and live a life etc. I applied inland in Jan last year (found out about outland too late!) and I am still waiting for residency but at least I can work.

Depending how long you need to be in Canada as a visitor to make up your year of commonlaw remember that the application then takes 4 months or more depending which way you apply 9 months inland, to be able to start working etc. So think about finances etc

Could you live in Australia together?
Lots to think about and avenues to take at this stage. Hope this has helped a bit.

Good luck and definitely a great place to ask questions.

 

[nzlocal]

Hi Guys,

Thanks heaps.

When I stated option "1. Get a sponsored visa" I actually meant sponsored by a company! Sorry!
I am often a snowboard instructor for winter and if I were able to get sponsored, I would also have a chance to stay for the summer and be sponsored year round. (Probably the best option as I could eventually apply for PR)

And yes I have already used my Working holiday Visa (The Canadian Government has scraped the 2nd year return visa)

The reason she is returning home is because her best friend is having a baby the week she gets back. I cannot convince her not to go, we already had that discussion and she is sure she wants to be apart of that. We also could not live in oz together as her only Visa there expires in January 2012. Her passport will soon expire and will need replacing soon after she gets back to Canada. While it would be possible for her to get another sponsored visa for NZ, it would only be for winters. However I'm pretty sure she just wants to go back to Canada and settle down for a bit!

It is a shame about the evidence thing.
As I work seasonal jobs, I often just pay the power bills under the Landlords account instead of disconnecting and reconnecting all the time.
Sharing snippets of chat logs sounds okay Fleo! Maybe not the whole conversation! That could be embarrassing for both parties!
forgot to say that we do have a shared bank account in NZ, but as it is her primary account it is barely used.

Kiwikris, can you please explain
"I applied inland in Jan last year (found out about outland too late!) and I am still waiting for residency but at least I can work."

What do you mean "at least I can work"? Are you granted temporary working status while your application pends?

Is the one year continuous period non-negotiable? If we have lived together for the equivalent of one year but can prove we have been in a relationship for almost two, would they consider this? Is it a case by case basis?


As I say, I am unsure where I sit on the skilled worker visa due to my Diploma! Has anyone dealt with agency that helps with immigration? I have tried Globalvisa's but they were pushy and eventually ignored my emails! Migrateexpert also charges huge fees for mere consultations!

Thanks for the info! all really good!

 

[missmini]

i don't need to offend anyone but some people here tend to say NO u r not eligible too quick...still, it's good to be prepared mentally in case of a negative outcome and also knowing others opinion will help u prepare a better application....u know best ur relationship and even if u don't have a full continuous year living together what u have until now could still count...of course until u apply (if u decide to go as common-law) try to make it one continuous year with very short breaks; family visits r ok but it has to look that ur common place is together: change ur address officially to government things (driving license, id's, elections), have shared utility bills, open shared bank accounts, make the next lease shared, etc...the time until now could still be good with NOTARIZED letters from the landlord and from family/friends stating that u lived together and since when...it should not look that u just hang out or r more like roommates...they need to see a committed couple; also, did u declare urselves common-law for government things, taxes, etc...u can start doing it and showing it as proof later

as for wills, beneficiary, life insurance: if u feel comfortable it's ok do it but not everybody is familiar and comfortable with this; we r not used in our culture so it depends; also some ppl would argue that it could look strange for young people...

the new mobile phones now (nokia for example) can be connected through usb to ur pc and with some specific softwares (google them) and u could be able to view ur sms...like this u can take screenshots from both ur mobiles and show correspondance just logs should be ok, no need of the exact sms content...for the chats do show a selection of chats so they could see how the relationship developed, how strong ur feelings are etc...try to put urself in their shows too...if u don't show, how can they know? if they r not sure, they might call u for an interview and it's better to avoid; of course no need to show what does not make u comfortable: make some compromise, i'm sure u'll find a nice selection

as for pictures: u can set the date on some old digital cameras so the next pictures u'll take will have the date shown too; if not each picture file has a creation date and there r some softwares which will write that date on the picture, like a watermark (i think even Picasa does it)

i know some ppl suggested to get married; my advise would b don't rush it and don't do it for immigration, to qualify or to speed up the process...there will b new rules coming soon and if the visa officer feels u got married for this purpose they could reject u; of course many of us here do want to marry their loved ones in some future which is ok, no problem with that...but also many will marry faster (get the marriage certificate and have the ceremony and reception later) just to have the process going...i have no idea how the officer will say that it's one or the other, i just know that it will be of the new regulations...

good luck!!

 

[nzlocal]

Ah crap!

I just checked my Skype chat logs and apparently it is set to delete after 1 month! Hopefully hers isn't!

It would not be hard to doctorate false dates on emails either however.

Thankyou missmini, that is slightly comforting to hear a positive note!

It is very odd to do a lot of these things for myself, as even if we were married I still wouldn't do a fair number of them!

We really don't have a lot going for us. Which really is crap as we just aren't those kind of people that do the sort of stuff that is required. It is a bit odd because if you want this to happen, you have to almost prepare for it from day 1 of meeting them and almost instantly enter into a co-habitation relationship! There is no time to get to know them first! Quickly quickly!

 

[kiwikris]

I was on the one year work visa when I applied for PR and my visa ended while I was still waiting for AIP (first stage approval) but I was able to keep working on implied status till I received AIP as I had sent in an OWP (open work permit) with my sponsorship application. Being able to work during this time saved my sanity. As a visitor you are not able to work, take cousres unless they are less than 6 months and not at a uni or do mcuh at all. Also depending on the province you won't be covered for helthcar and will have to pay so definitely have travel insurance. I only know for sure about Ontario, there is a 3 month wait once you land with PR or after you get AIP if you have not had to wait before.

If you can be sponsored as a snowboard instructor that sounds like it could be the best way to get here and then apply for PR via that way if you can????....I'm not sure how it works that way though. Or apply for sponsership from here....

missmini I don't think anyone is denying their relationship at all but how it would or would not stand up against immigration right now, and they have not lived together for year considering they only started in June last year so they are not eligible just yet for that option.

 

[kiwikris]

I wouldn't get married for immigration, we had talked about it but we want to get married when we decide to not for some paperwork!

 

[nzlocal]

Well if a company sponsors me and I live in Canada for 3 years then I can apply for PR. Although within that time I could have applied for a spouse visa.

I am sure marriage is almost out of the question. Her Dad is not so found of anyone she sees (Classic over protective dad syndrome) and she is not so found of the idea either. She believes it is just a piece of paper and is not needed to prove one's commitment. (Although I am slightly suspicious about her honesty in the reason she is against it! ha!) Either way, I don't think either of us are at a stage where we would like to have such a social status as married.

 

[CharlieD10]

Well if a company sponsors me and I live in Canada for 3 years then I can apply for PR. Although within that time I could have applied for a spouse visa.

I am sure marriage is almost out of the question. Her Dad is not so found of anyone she sees (Classic over protective dad syndrome) and she is not so found of the idea either. She believes it is just a piece of paper and is not needed to prove one's commitment. (Although I am slightly suspicious about her honesty in the reason she is against it! ha!) Either way, I don't think either of us are at a stage where we would like to have such a social status as married.

That being the case, I would encourage you to definitely look into qualifying under your own merits and not via family class sponsorship. It is a SERIOUS commitment to sponsor one's spouse/partner, requiring an agreement to be financially responsible for them for 3 years, regardless of what happens to your relationship. If your partner's dad has issues with your relationship now, imagine how thrilled he'll be to hear about that part of the commitment to sponsor you!

 

[nzlocal]

Haha, yes but you forget it is not her dad I am in a relationship with! He will get over it sometime! Sooner or later he will realise that she isn't a little girl anymore and is going to have to reign to the fact she will have a partner and he may as well embrace the nice guy before she gets a bad guy!

Yes I would like to get my residency in other ways however I have no idea if I will be able to. And as I know the spouse visa can take a long time I wanted to come and find out and hear from other people about it so I am prepared and can make the proccess faster and smoother when and if the time comes.

 

[sidkrose]

I'm inclined to agree with CharlieD10 here. A requirement of applying in the Common-law category is that you have a "Conjugal" relationship - meaning "marriage like". You should consider that person your spouse and be 100% committed to them as if you were married in order to truly qualify for the common-law category.

Also, IO really like to see that you know each other's families and have ties to them, as it is a strong indicator of wanting a life together, since most people are quite family oriented.

Try to see how you can get to Canada on your own merit, or figure out how to spend more time with her until you're sure that you are ready for the commitment. (Oh, and fyi I'm not trying to be patronizing here, I am only 20 and my common law partner is 23, but I'm just trying to stress that sponsoring someone is a big commitment!

 

[nzlocal]

I'm inclined to agree with CharlieD10 here. A requirement of applying in the Common-law category is that you have a "Conjugal" relationship - meaning "marriage like". You should consider that person your spouse and be 100% committed to them as if you were married in order to truly qualify for the common-law category.

Also, IO really like to see that you know each other's families and have ties to them, as it is a strong indicator of wanting a life together, since most people are quite family oriented.

Try to see how you can get to Canada on your own merit, or figure out how to spend more time with her until you're sure that you are ready for the commitment. (Oh, and fyi I'm not trying to be patronizing here, I am only 20 and my common law partner is 23, but I'm just trying to stress that sponsoring someone is a big commitment!

Yes I understand, but who got to decide that everyone should show the same habits and commitments in marriage! Not all married couples share bank accounts, or have two names on rental/agreement forms and bills.
And of course not every family likes who their child/sister is in a relationship with (however my family love her so there's something).
Sorry not trying to sound like I am fighting the system, I understand I must abide by their rules! Just food for thought!

Thanks for your responses guys, all really good info to think about. My first priority is to acquire sponsorship through work for the 11/12 winter (I don't soposse there are any employers on here who want to help!). Alternatively I hope I can get a job offer and, if I have read right, should increase my chances of obtaining a skilled worker visa? However being an outdoor instructor I think I will find this very hard to do from out of the country!

On a side note there, does anyone know of jobs that require little to no experience but a company will sponsor you a visa for? Oil fields perhaps?