Spousal sponsorship

[scylla]

Hmm... so there isn't a status for people who have to leave due to immigration status? I looked into conjugal relationships but that requires proving barriers to marriage. Common law seems to fit the best but since she was studying in the States and I'm Canadian I can only stay in the US for so long. But we've shared the same US address for years if it means anything.

No - there's no category for people who have to leave due to immigration status. And you're right - conjugal won't work for you since you don't face any barriers to marriage. The fact that you have shared a US address for years means nothing. You must physically live with her for at least one full year.

One way you could achieve common law is by spending six months living together in the US (or Hong Kong) and then six months living in Canada. She could also come to Canada for a six month visit and then extend by another six months to achieve common law. Regardless, you need to physically live together for at least one full year (or get married). Right now you're just dating from a CIC perspective - you're not common law. So you don't meet the criteria to sponsor her.

 

[Wolfie]

No - there's no category for people who have to leave due to immigration status. And you're right - conjugal won't work for you since you don't face any barriers to marriage. The fact that you have shared a US address for years means nothing. You must physically live with her for at least one full year.

One way you could achieve common law is by spending six months living together in the US (or Hong Kong) and then six months living in Canada. She could also come to Canada for a six month visit and then extend by another six months to achieve common law. Regardless, you need to physically live together for at least one full year (or get married). Right now you're just dating from a CIC perspective - you're not common law. So you don't meet the criteria to sponsor her.

Makes sense. Thanks.

 

[hausautt]

I have another question. Should I choose to get back the money if found ineligible to be a sponsor or should I choose to continue. What are the chances it will be successful if found not ineligible?

Thanks

 

[ladybugclh]

At least now you can relax while you wait

Yes we can....knowing that it is coming to my address does make me feel better.....hope we receive it soon

 

[zardoz]

I have another question. Should I choose to get back the money if found ineligible to be a sponsor or should I choose to continue. What are the chances it will be successful if found not ineligible?

Thanks

Most people choose to get the money back, as the only other path with an ineligible sponsor is via H&C. This is very specific and doesn't apply in most cases.

 

[hausautt]

Thanks for your answer.


I'm a BC resident. If I put No to the question as you said, will this effect my income taxes in this case.

 

[hausautt]

Most people choose to get the money back, as the only other path with an ineligible sponsor is via H&C. This is very specific and doesn't apply in most cases.

Thanks for your help.

What's H&C ?

 

[zardoz]

Thanks for your help.

What's H&C ?

Humanitarian & Compassionate.

 

[hausautt]

On the form IMM1344E, number 7 box.
It ask "If you are a permanent resident or a naturalized Canadian citizen, provide the following information:"
Does it mean the day I was admitted as "Immigrant Landed"
What's the UCI/Client ID?
I still have the Canadian Immigration Identification record. HXXXXXXX the letter H and 7 digits following it.
I put the H but it only allows numerical digits.

Should I write the date of naturalized Canadian citizen or permanent resident dated as immigrant landed?

Thanks

 

[computergeek]

my application status for PR says DM... What does that means.. i send in everything medical also..

Unless you received correspondence suggesting that there is an issue, this is a positive decision. If you have received communications that indicated there is an issue then it could be a positive or negative decision.

 

[NewbieMay]

Will be going to canada (Ontario) this feb. any tips on what to do?

 

[Joda12]

I am an American citizen and my fiancé is a Canadian citizen. We have been dating for almost two years and just got engaged a little over two weeks ago on her latest visit here. We are planing on getting married on her next trip to the states in a couple months and I have a few questions that maybe somebody here may be able to answer.

I would love to be able to just go up to Canada and visit her but I have a felony conviction from almost eight years ago on my record. From what I have read I'm not eligible to apply for rehabilitation because my probation ended in 2011. I didn't do any jail time and have changed my entire life since then. I was charged with obtaining a prescription by fraud/deceit and also have a few other minor issues from almost ten years ago none of them felonies. One of my biggest concerns is I was charged with carrying a concealed weapon but it was dropped because I had my conceal carry permit at the time but the cop arrested me anyways so it shows up on my record regardless. I am in the process of trying to get my record expunged but because of the one felony I may not be able to in the state that I live.

From what I have read I could apply for a temporary resident permit but I can only do it at a port of entry and am afraid that if I try and am denied entrance it will only make the situation worst for me. I'm trying to figure out if its better to have her come down here and we get married then apply for a spousal sponsorship or if we should apply for a sponsorship now just to get the ball rolling before we are married. I believe we have enough evidence to show that our relationship is genuine so I'm not worried about that part I'm just worried because I made a mistake a long time ago that it still may be held against me. I'm aware that actions have consequences and accept them fully I just feel bad that my past is keeping me from being with the love of my life.

Any suggestions or insight would be appreciated.

Thanks in advance

 

[marta cocchi]

Bless you for this awesome post.

I'm starting the application for permanent resident in BC.
I'm from Italy, my partner is from BC.
I'm trying to determine my eligibility through the cic website.
If I choose the option "I'm currently residing in Canada" it says I'm eligible.
If I choose the option "I'm currently residing in Italy" it says I'm not eligible.
I'd rather apply outland than inland for the shorter processing times, but do I risk my application to be rejected?

Is it required to live together for one year or two years?

Do I need documentation that states I'm living as common-law or that will be determined directly from the visa office?

How can my sponsor demonstrate he will provide for me if he's not working? Can I say my dad in Italy will provide for me?

Thank you

 

[scylla]

I would love to be able to just go up to Canada and visit her but I have a felony conviction from almost eight years ago on my record. From what I have read I'm not eligible to apply for rehabilitation because my probation ended in 2011. I didn't do any jail time and have changed my entire life since then. I was charged with obtaining a prescription by fraud/deceit and also have a few other minor issues from almost ten years ago none of them felonies. One of my biggest concerns is I was charged with carrying a concealed weapon but it was dropped because I had my conceal carry permit at the time but the cop arrested me anyways so it shows up on my record regardless. I am in the process of trying to get my record expunged but because of the one felony I may not be able to in the state that I live.

You must either be married or common law (have lived together for a minimum of one full year) to qualify to submit the sponsorship application. If you aren't common law, then you will have to wait until after you get married before you can submit the application (if you submit before you qualify your application will be refused - so don't send it in early). Your felony isn't just a problem for entering Canada as a visitor. It's also a problem for sponsorship since you are currently inadmissible to Canada and won't qualify for rehabilitation until 5 years have passed since you completed your probation. I would consult with a good immigration lawyer now. If you are inadmissible to Canada until 2016, then you and your fiancee may need to change your plans and live in the US until you qualify for rehabilitation and can be sponsored by your wife for Canadian permanent residency.

 

[Rob_TO]

I'd rather apply outland than inland for the shorter processing times, but do I risk my application to be rejected?

Is it required to live together for one year or two years?

In order to qualify, you must be married or have lived together for 12 consecutive months. If you've done that, and have proof, then it shouldn't be a problem to apply outland no matter where you are currently living.

Do I need documentation that states I'm living as common-law or that will be determined directly from the visa office?

You need to prove you have lived together 12 consecutive months. You will need things such as a shared lease/rental agreement, mail delivered to both of you from same address, testimony letter from landlord or parents where you lived together, shared bank account/credit card, shared life insurance, etc etc.

How can my sponsor demonstrate he will provide for me if he's not working? Can I say my dad in Italy will provide for me?

Is your partner living in Canada or Italy now? How is he currently supporting himself? He can include to CIC the type of jobs he is qualified for and what they will pay, or can get testimony letters from his family that they will support him financially if needed.