Sponsoring Common-Law Partner From Ireland

[Crillz]

Hi, Just looking for information as we begin this process! Hoping this forum can be of some help.

My girlfriend (Canadian citizen) and I (Irish citizen) are living together at the moment in Ireland. We had been in a relationship 6 months before she moved here on a 1 year working visa. Her visa will be up here in Ireland in February and we will have lived together for a year. In this year we have had leases together with us living together the entire 12 months, we have a joint bank account, 6 months worth of chat logs, pictures from vacations in different cities around europe and proof of me transferring her funds to help her with her flights and visa when coming to Ireland.

After a lot of talking and worrying about the future this option seems to be the best for us. I am very new to this whole process and somewhat confused by what I've read online. Our plan was as follows, please advise me on better options or mistakes in this.

- We intend to apply with me outland due to it being faster and with the right to appeal.

- Spend next 6 months (until February) getting together the plenty of proof of our relationship and be familiar with all the forms which we need to send.

-Apply for the common-law sponsorship once my girlfriend has returned to Canada (Quebec). Wait times at the moment in Mississauga seem to be 42 days~. I understand if this is accepted the application will then be sent to Quebec for their approval. I am unsure of wait times in this part of the process. Once this Quebec part is hopefully approved then the application is forwarded to London where wait times are 2-8 months. I think I would need to attend a interview in London also which would not be a problem.

I am probably over simplifying this process and I would appreciate people helping and filling in the gaps. Also if anyone could give me an idea of how long the forms take to get together and organise would be great. Any tips or links would be greatly appreciated. I am really nervous as we begin this process and hope that it will be as smooth as possible. Thanks!

 

[RobsLuv]

Well, for the most part your plan is sound. A couple of things, though, that you might not be aware of. If your partner is a Canadian citizen, she does not have to wait to get back to Canada to apply outland for your sponsorship. She can submit the application while still there with you - provided she's entitled to remain in Ireland - and all she has to do is submit proof of her intention to return to Canada with the application.

Quebec processing adds about 6 weeks to the process - CPC-Mississauga should send her the paperwork for the CSQ once they've approved the sponsorship. She fills that out, sends it in, and once the CSQ is issued, London begins processing your part of the application. You may or may not have to attend an interview - typically the interview would be about one of two things: either you do not provide enough proof of your qualification as common-law partners (joint lease is the biggie here), or they don't believe the relationship is real and they think you are just trying to get into Canada. From what you've written, I don't see that you'd need to worry too much about either. Be sure you remember that you have the double obligation in a common-law application of proving not only that your relationship is "genuine" (not about you immigrating to Canada) and that you are qualified to apply as common-law partners (the co-habitation for at least one year piece).

I agree that you should spend the next six months filling out the application forms, gathering your proofs of relationship and qualification, and her proof to come back to Canada (if you go that route of her staying with you) then - shortly before you're ready to submit the application arrange to get your criminal clearances and your medical done and shoot the whole thing off the day after you complete your one year of co-habitation. I don't know how long it takes to get your arrest record there, but it should not be more than three months old when you submit the application, and it's valid for six months. The medical exam can be done anytime - it's valid for a year.

Hopefully that helps. Once you're application is finalized, London will request your passport, issue your Confirmation of Permanent Residence (which will be valid until the one year anniversary of your medical or the expiration of your passport - whichever comes first) and then you travel to Canada to "land" at the Canadian port of entry and you're officially a PR!

Good Luck

 

[Crillz]

A question about the 1 year lease situation. By February or situation will be as follows in two parts-

Up to Feb 2010 - I was renting a room in a house with 3 friends, the lease has 4 names on it. Me and my 3 friends.

PART 1 : Feb 2010 -> May 2010 - My girlfriend moves to Ireland and in with me, her name does not appear on the lease but she does have Irish Government letters sent to her at this address and her bank account is listed at this address.

PART 2: May 2010 -> Feb 2011 - My girlfriend and I are sharing a 1 bedroom apartment with both names on the lease and both names on the electricity bill and paying rent and bills via our joint bank account.

Part 1 is the part I am worried about, we will have 8 months of easy to prove clear co-habitation, but the first 4 months her name doesn't appear on the lease. What does this mean for the application?

 

[Crillz]

I'd like to bump this last post I made about the co-habitation. Still trying to figure out will the proof we have be sufficient. Any help would be greatly appreciated!

 

[rjessome]

A question about the 1 year lease situation. By February or situation will be as follows in two parts-

Up to Feb 2010 - I was renting a room in a house with 3 friends, the lease has 4 names on it. Me and my 3 friends.

PART 1 : Feb 2010 -> May 2010 - My girlfriend moves to Ireland and in with me, her name does not appear on the lease but she does have Irish Government letters sent to her at this address and her bank account is listed at this address.

PART 2: May 2010 -> Feb 2011 - My girlfriend and I are sharing a 1 bedroom apartment with both names on the lease and both names on the electricity bill and paying rent and bills via our joint bank account.

Part 1 is the part I am worried about, we will have 8 months of easy to prove clear co-habitation, but the first 4 months her name doesn't appear on the lease. What does this mean for the application?

For part 1, it's ok that her name is not on the lease as the letters from the government are good proof. Try to add any other letters she received at that address like bills, bank statements, credit cards, etc. You could also get letters from the others on the lease attesting to her living there during that period.

 

[matthewc]

You could include:

- copies of mail addressed to you both (or to each of you separately) from that period, e.g. bank statements.

- statutory declarations from yourself or (better) your housemates who were on the lease, saying when she moved in and that she was living with you during that time. If you're asking someone to help you out with a statutory declaration, having them add that you're a wonderful couple who clearly have a genuine, loving relationship doesn't hurt.

- letter from the landlord stating they knew she was there.

See also OP2 5.34 and 5.35:

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

 

[canadianwoman]

For the 'part one' proof = get all the evidence you can she was living with you - mail addressed to her there, her bank account listed at that address, an affidavit from the landlord stating she was living there with you; affidavits/letters/emails from others who knew she was living there with you.
It is important to prove one year of cohabitation for common-law applications - without it the application will be denied. Is there any chance you and she would be willing to wait until May 2011 to submit the application? At that time you will have been living together for one year with both names on the lease, and will also have good proof of your relationship prior to that.
I'd say what you have is good enough to be accepted, but stress the proof from the 'part one' time period. To be perfectly safe, wait until you have both been on the lease for one year.

 

[Crillz]

For the 'part one' proof = get all the evidence you can she was living with you - mail addressed to her there, her bank account listed at that address, an affidavit from the landlord stating she was living there with you; affidavits/letters/emails from others who knew she was living there with you.
It is important to prove one year of cohabitation for common-law applications - without it the application will be denied. Is there any chance you and she would be willing to wait until May 2011 to submit the application? At that time you will have been living together for one year with both names on the lease, and will also have good proof of your relationship prior to that.
I'd say what you have is good enough to be accepted, but stress the proof from the 'part one' time period. To be perfectly safe, wait until you have both been on the lease for one year.

I wish we could, but her 1 year visa here in Ireland is up at the beginning of february, so she has to leave and we cannot continue the lease.

Part 1 is tricky, I wish we could have thought more about it back then but it's not really something you think about.
The proof we have for that period up until we got out lease is as follows:

- I have a lease at the residence + employer letters and government letters proving I lived there
- My girlfriend has Bank Statements, letters from Irish government to the address in relation to her social security number.
- She also has letters from her employer to this address.
- I can't see a problem getting affidavits from roommates at this address, plus shared friends and my family that she was at this address and we were in a relationship.

What we can't prove is:

-No shared lease for this period
-Landlord didn't know she was staying with me during this period.

 

[canadianwoman]

- I can't see a problem getting affidavits from roommates at this address, plus shared friends and my family that she was at this address and we were in a relationship.

Try applying with what you have, then. It really does sound good enough, just not 100%. Make sure that the roommates, family, and friends state in their affidavits not only that you and she were living together, but that you were a couple. They can state the 2 things necessary: 1. your cohabitation, and 2. that you are a loving couple in a genuine relationship, which they know because ...

 

[Crillz]

I have a question regarding a few things.

1. The Affidavit - My lawyer is willing to do this, he is a family friend and is doing it as a favour. He was asking me was there a set layout for this affidavit, like a downloadable form or is one he does himself okay to use in the process.

2. The Medical - Can you bring the form to your family doctor to do or is there certain approved places you must bring it to.


Thanks for the replies guys & gals, would be lost without this place!

 

[Pharoh]

Hey Crillz,

This is a bit off topic, so please forgive me...

Why move from Ireland? I went there last year for a couple weeks, and it was AWESOME! Now, granted, I've lived in Europe for several years (living in the U.S. now), but Ireland was easily one of the most beautiful and friendly countries I'd ever been to! I could drive around the country for hours, and never get tired of the scenery! I could drink Guinness and Jameson until my liver failed!

Is the job market there not really any good? I assume there's more to it than just wanting a change of scenery (as an Irish citizen, you can work anywhere in the EU, right?)

My wife and I have a backup plan to immigrate to Ireland, should our app be denied by CIC.

 

[rjessome]

1. The Affidavit - My lawyer is willing to do this, he is a family friend and is doing it as a favour. He was asking me was there a set layout for this affidavit, like a downloadable form or is one he does himself okay to use in the process.

2. The Medical - Can you bring the form to your family doctor to do or is there certain approved places you must bring it to.

1. No set layout. The one he uses will be just fine as long as it contains all the facts and is properly sworn.
2. No to the family doc. You must use a Designated Medical Practitioner per CIC for the medical exam. To find one near you, please use the following link:
http://www.cic.gc.ca/dmp-md/medical.aspx

 

[Crillz]

Hey Crillz,

This is a bit off topic, so please forgive me...

Why move from Ireland? I went there last year for a couple weeks, and it was AWESOME! Now, granted, I've lived in Europe for several years (living in the U.S. now), but Ireland was easily one of the most beautiful and friendly countries I'd ever been to! I could drive around the country for hours, and never get tired of the scenery! I could drink Guinness and Jameson until my liver failed!

Is the job market there not really any good? I assume there's more to it than just wanting a change of scenery (as an Irish citizen, you can work anywhere in the EU, right?)

My wife and I have a backup plan to immigrate to Ireland, should our app be denied by CIC.

My girlfriend has been living here on a visa for a year now and for her to extend it would be very difficult, plus she misses her family and rathers living in Canada, so this really the only way forward! Best of luck with your application!

 

[Baloo]

My wife and I have a backup plan to immigrate to Ireland, should our app be denied by CIC.

You need to be aware that the country (and others) have major financial issues at present.

VAT is now lower at 21% but the new budget looks like it could be quite painful.
http://www.telegraph.co.uk/finance/financetopics/financialcrisis/8187614/Irelands-austerity-budget-the-key-points.html


The UK is raising the VAT rate from 17.5% to 20% in January.

 

[Crillz]

Hi again! More questions some of ye can hopefully help me with!

- I contacted the Designated Medical Practitioner per CIC for the medical exam here in Ireland to ask about the cost and wait times for results. Just to remind I plan on applying outland for the common law partner visa. The receptionist said I need to bring the official form, stamped by the embassy, with my picture. I was under the impression I had to have my medical done when sending my application, using the printable form found on the CIC website. I assume the doctor's receptionist is correct but would like some confirmation.

- I lived in Vancouver for 1 year in 2007-2008 and therefore will need to get a police certificate from the BC police for my application along with a police certificate from the Irish police. What is the best way of getting this police certificate from the Vancouver police? I'm not planning on visiting Vancouver anytime soon!

Thanks for everything!