Spousal sponsorship

[lyn Lambre]

canadian embassy toll free

please can you give the canadian embassy toll free in manila

thanks

 

[myboss]

hello everybody! I would like to seek for a very good advice from anybody here who has knowledge or had experience the same situation.
I had a same sex partner when I was still living in the Philippines we started living together from Dec 2008 to Dec 2010 till me and my family received our PR. The time that my parents applied for Provincial Nominee and me , as their dependant child, me and my partner were living in the same house with my parents, we received our approval letter on Oct 2009, by that time, I wasn't really aware that Canada takes consideration for same sex couple and has to be included as non accompanying family member too, also we weren't able to fulfill the 12 month requirement yet for common law scheme during the time we received the approval, had I known we won't be still consider as common law anyways. Due to long wait and processing time we were able to reach almost 2yrs of living together. We really had no idea that that our relationship falls under common law especially we are same sex and same sex relationship is not legally recognize in the Philippines. It was just recently that I realized after reading some articles about sponsorships that we qualify under common law even same sex, Now is there a good chance I can still sponsor my same sex partner to come to Canada even though I didn't not include him on my previous application? Is there any sort of affidavit or support letter I need to provide to CIC to consider my application. I do have all the proofs and documents that we have lived on the same address but the only thing is I wasn't able to declare him prior to my previous application due to lack of knowledge about the concept/nature for same sex common law especially if your home country doesn't really recognize it. Anybody here who can give inputs of what to do? thank you very much!

 

[Leon]

The time that my parents applied for Provincial Nominee and me , as their dependant child, me and my partner were living in the same house with my parents

You would have qualified as common law partners back when you got your PR. However, you have two problems here.

1. You did not include your partner on your application and to immigration, that is misrepresentation. It doesn't matter to immigration that you did not know. The instructions are on the CIC website and you had the same opportunity to read them as everybody else.

2. Even if you had included your partner on your application back then, in most cases, that would have meant that you would no longer have been seen as a dependent child and would not have been eligible to get PR with your parents and would have been removed from their application.

In order to avoid problems with your PR, you can never admit that you and your partner lived together for 2 years during your PR processing time. You can say you lived together for a few months but definitely no more than a year because that would have meant you would have had to add your partner to your application.

You have three options to sponsor your partner now.

A. One is getting married, in Canada if your partner can get a visit visa or in a 3rd country that allows same sex marriages if you can both get a visit visa to there.

B. Another is that you try to qualify for common law again, either by your partner trying for a visit visa to Canada to stay with you or you going back to the Philippines for 1 year. You must however be in Canada when you apply for sponsorship and you must reside in Canada during the processing time.

C. A third would be to apply as conjugal partners. This would involve showing that you have a marriage like relationship but laws/culture and immigration barriers prevent you from getting married or living together to qualify for common law. Same sex relationships usually have a good chance to be approved under this class. However, your application would be stronger if you could show that your partner was denied a visit visa to Canada, thereby preventing you from marrying or living together in Canada.

 

[myboss]

Wow! Tnx for the quick response! This is really frustrating for me, knowing that i could've been qualified for common law and it would have been a lot easier for me to get him here, i want to take your 1st suggestion about marrying him in Canada however i have read some forums that when he apply for a visit visa , officer should not see it as a step to getting married in Canada I beleive someone needs to show a proof that he/she will go back to his home country once visit visa expires right? Can you give me advice or a good reasoning to obtain a visit visa? Do you think there are some implications after that too? As VO will ask us how we met? Where? When? Etc. if we follow your 1st suggestion should we disregard our proof of relationship before when we were still together back then? And just pretend that we just met here?

 

[ellaine]

Re: canadian embassy toll free

please can you give the canadian embassy toll free in manila

thanks

Sorry lyn but i dont have the toll free number, maybe some of the forum members know.God Bless lyn

 

[computergeek]

Wow! Tnx for the quick response! This is really frustrating for me, knowing that i could've been qualified for common law and it would have been a lot easier for me to get him here, i want to take your 1st suggestion about marrying him in Canada however i have read some forums that when he apply for a visit visa , officer should not see it as a step to getting married in Canada I beleive someone needs to show a proof that he/she will go back to his home country once visit visa expires right? Can you give me advice or a good reasoning to obtain a visit visa? Do you think there are some implications after that too? As VO will ask us how we met? Where? When? Etc. if we follow your 1st suggestion should we disregard our proof of relationship before when we were still together back then? And just pretend that we just met here?

In addition to what Leon suggests about marrying in Canada, I would note that if you cannot get him to Canada, you can marry in any country where same sex marriage is legal and Canada will recognize it. Last I checked, Mexico City is often the best choice for people from the Philippines because it is easy to obtain a visa to go there.

Yes, to obtain a visitor's visa one has to show that one will return at the end of the visit. Visiting friends/family, vacation, considering University in Canada are all legitimate reasons to come visit Canada. But showing strong ties to home is also important - a job, a lease on a residence there, family, etc. The visa officer must reach the conclusion that the visa holder is likely to return home at the end of the visit.

Do not lie to CIC. If you knew each other in the Philippines, you should admit to same. Hopefully you each had separate addresses (CIC does catch on to things like your address and the person you are sponsoring's address being the same - that's a big clue that you're excluded).

Ironically, I've seen Manila refuse people for failure to declare (Section 127(d)(9) rejections) and I've seen Manila refuse to accept common law relationship status for a same sex couple in the Philippines (even with strong evidence). They are very well aware of the fact that people don't understand their application is considered under Canadian law and that people often think simply living together confers no special status, so they are good at finding exactly this situation.

 

[Leon]

Wow! Tnx for the quick response! This is really frustrating for me, knowing that i could've been qualified for common law and it would have been a lot easier for me to get him here, i want to take your 1st suggestion about marrying him in Canada however i have read some forums that when he apply for a visit visa , officer should not see it as a step to getting married in Canada I beleive someone needs to show a proof that he/she will go back to his home country once visit visa expires right? Can you give me advice or a good reasoning to obtain a visit visa? Do you think there are some implications after that too? As VO will ask us how we met? Where? When? Etc. if we follow your 1st suggestion should we disregard our proof of relationship before when we were still together back then? And just pretend that we just met here?

Like I said, even if you had added him as your common law partner, that would probably have meant that you had been removed from your parents application as you were no longer seen as dependent and that you would not even have PR today.

As for getting the visit visa, say he is your boyfriend and wants to visit you for 3 weeks or so. After he arrives, you can always change your mind and have him stay longer. People usually get 6 months and if you get married and apply to sponsor him, it's easy to extend the visitor status.

You should not try to say that you met in Canada. You should admit that he was your boyfriend in the Philippines and that you had lived together at your parents house for several months but you can not say that you had lived together for 12 months or longer because then you would have been forced to add him as a common law partner which you didn't.

 

[CANADA/USA2013]

US & CANADA SPOUSAL SPONSORSHIP

HELLO ALL:

I am at the end of my process and was told by email that my husband's (applicant) application is approved and his papers are in queue for printing and will be mailed..

Has anyone been in this situation lately, if so kindly please share how long did you have to wait and what kind of documents to look out for?

Since Canada & USA are visa exempt countries (as of dec 2012) i was told they now give out only COPR (confirmation of permanent res)...so does that mean we are only waiting for his COPR or an approval letter then wait again for the actual COPR?

 

[NatashaP.]

Re: US & CANADA SPOUSAL SPONSORSHIP

HELLO ALL:

I am at the end of my process and was told by email that my husband's (applicant) application is approved and his papers are in queue for printing and will be mailed..

Has anyone been in this situation lately, if so kindly please share how long did you have to wait and what kind of documents to look out for?

Since Canada & USA are visa exempt countries (as of dec 2012) i was told they now give out only COPR (confirmation of permanent res)...so does that mean we are only waiting for his COPR?

Hi!
Could you please tell me when did your husband submit his application?
I would like to know how long did it take to receive a notice that his application is aproved (especially now when Immigration office is on strike)?
I would highly appreciate your answer.

 

[jihadberberi]

Hello,

In the question 4 of the section "Sponsor Eligibility Assessment" of the form IMM 1344, they say that "You are a Canadian citizen living exclusively outside canada, you may still be eligible to sponsor" while in the subject of this section they mention that "If you answer No to any questions from 1 to 4, you are not eligible to be a sponsor. You should NOT submit your application"

There is a contradiction, isn't? Please, Leon or any other can help?

Thanks

 

[zardoz]

Hello,

In the question 4 of the section "Sponsor Eligibility Assessment" of the form IMM 1344, they say that "You are a Canadian citizen living exclusively outside canada, you may still be eligible to sponsor" while in the subject of this section they mention that "If you answer No to any questions from 1 to 4, you are not eligible to be a sponsor. You should NOT submit your application"

There is a contradiction, isn't? Please, Leon or any other can help?

Thanks

There is no real contradiction. Question 4 is not a block if the sponsor is a Canadian citizen. They still need the answer for other parts of the form.

 

[jihadberberi]

Thanks Zardoz,

In fact, i'm a bit confused. I'm a Canadian citizen living outside Canada since 2006. Now, i decided to take my family and go to Canada. I have two Canadians children (6 and 3 years). I want to start the outland application of sponsoring my wife. I'm planning to stay outside Canada with my family until my wife receives the RP. I have 2 questions:
1- Do you believe that the sponsorship will be approved since I can't offer any proof like "employment contract in Canada", "property rent in Canada", etc... at this stage?.
2- Financial issue: i can't get a bank statement showing that i have a common account with my wife in the bank with around 45K$. Do you believe that this amount is enough to back the sponsorship?

Thanks

 

[computergeek]

1- Do you believe that the sponsorship will be approved since I can't offer any proof like "employment contract in Canada", "property rent in Canada", etc... at this stage?.

CIC will ask you for proof of your intention to return to Canada. You don't have to show an employment contract, but you must demonstrate you have a credible plan for finding employment. The same thing applies to accommodations in Canada. Often people show jobs for which they are qualified and housing locations they have researched as part of the planning process. If you have family in Canada, letters from them offering to help you when you return and get settled are useful as well.

2- Financial issue: i can't get a bank statement showing that i have a common account with my wife in the bank with around 45K$. Do you believe that this amount is enough to back the sponsorship?

More than enough. It doesn't need to be joint - it can belong to either of you. There is no specific magic number for spouse/partner sponsorship. CIC just wants to be convinced you won't need social assistance and in reaching this determination they can consider the abilities of both sponsor and applicant.

 

[jihadberberi]

Thanks Computergeek

 

[maronvomra]

Hi friends,

I have 2 question to prepare my wifes CSQ application.
Form: A-0536-GA:
- Do I need to fillup section 3?
- in Section 5 it asks whether I am domiciled in Quebec? I am a PR since 2012 so what should I answer Yes/No? I am kind of confused of this Domiciled word.

Thanks