Spousal sponsorship

[aashu241]

Hello everyone,

I am applying for marriage license in Ontario and have run into some issues. My passport has no last name and my complete name goes into given name field. After coming to Canada, all my government ID's have my full name in last name field and no first name, since in Canada, last name is required by law.

I was filing out the form for license and it requires both first and last name fields. Any suggestions please? I will appreciate any sort of help. Thank you.

In first name you will fill all

 

[Gaurav0725]

I can promise you that on my forms there was a section were we had to confirm the exact date we entered in a common-law relationship. I would double-check, if I was you. Regarding the trip abroad, in my opinion, I would say that a month could still count as a long vacation; if that person's official address/residence remains the same as their partner's, it doesn't cancel out the common-law relationship. But I would 100% be upfront about it with IRCC, even if it meant sending a webform to explain it further.

Just a query here
Entered common law means The date we started living or the date we completeled one year ?

 

[DirtyMelodies]

So I looked it up, and apparently law does not consider a relationship to be common-law until that one-year point of continuous cohabitation has been attained. (Source: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-common.html)

Only after that are short periods apart accepted. So it would've made no difference to your status if that month apart had been after the 1 year of cohabitation. Before that, it resets the timer. That's how I understand it, anyway.

If I was you, I would go with @canuck_in_uk's advice and withdraw the application (which you can do once it was received), and go with the accurate dates. You said the end of March marked the one-year point of cohabitation; I would redo the forms with that date instead.

 

[DirtyMelodies]

Just a query here
Entered common law means The date we started living or the date we completeled one year ?

The date you became common-law partners (i.e. the one year point).

 

[Gaurav0725]

The date you became common-law partners (i.e. the one year point).

So will you recommend me putting start date april 1, 2019 - april 1,2020

 

[DirtyMelodies]

So will you recommend me putting start date april 1, 2019 - april 1,2020

Yes, if you moved in together on April 1st 2019 and lived together without interruption until April 1st 2020.

 

[Gaurav0725]

Yes, if you moved in together on April 1st 2019 and lived together without interruption until April 1st 2020.

As I mentioned before we started living together from 3rd october 2018 but i was out of country in march2019 for vacation to my home country for my eyes operation!!
Still i can mention we started living together from april 1 ?

 

[DirtyMelodies]

As I mentioned before we started living together from 3rd october 2018 but i was out of country in march2019 for vacation to my home country for my eyes operation!!
Still i can mention we started living together from april 1 ?

Yes, that is correct. From the exact date you came back to your address in Canada (April 1, 2019).

 

[OverIt]

So will you recommend me putting start date april 1, 2019 - april 1,2020

Jesus Christ, please don’t withdraw your application. People give the wrong information on here sometimes unintentionally. Be very careful before you take advice.

I am commenting on your situation because I have experienced something similar. IRCC considers whether you are common law by counting back one year FROM THE DATE they received your application. So for example, if they received your application on March 31st, 2020, IRCC considers you as common law if you can prove that you have been living together with your partner CONTINUOUSLY from March 31, 2019 to March 31st, 2020.

You are fine as far as I am concerned. DO NOT withdraw your application. Based on Dirtymelodies’s observations, you did make a mistake on one of your forms. The date you became common-law, is the date on which you established one year of continuously cohabitation with your partner NOT the day you moved in together. You will need to correct that mistake on the form and send it through web form.

 

[Eveslm]

(REPOST)

QUESTION re: IMM 5708e - Application to extend my stay in Canada

My PR and OWP are still being processed, and I'm ~5 days away from being out of [Visitor] status. I am planning on submitting an IMM 5708e form in the next few days. I do have a few questions that I was hoping I could get some help on:

• Section: COMING INTO CANADA
  • Question 2 : The original purpose coming into Canada
    • The last time I crossed into Canada (right before submitting my PR & OWP apps) I was already married to my husband/sponsor. Would I choose "Family Visit," "Tourism," or "Other" (with explanation that I have PR & OWP apps pending) for this question? I'm assuming this choice would also be the same for the next section DETAILS OF VISIT TO CANADA, correct?
• Section: DETAILS OF VISIT TO CANADA
  • Question 2: Indicate how long you plan to stay
    • "From" date would be my first day out of status, but what do I put for "To" date? I plan on staying until my PR is approved, which was ECD pre-Coronavirus October 30, 2020. Should I list that date, or something else?
      • A slight hiccup is that my passport is set to expire right after the new year, which I will be renewing from Canada beforehand. Would I put my current passport expiration date as the "To" date?
• Biometrics fee
  • Guide 5551 - Applying to Change Conditions or Extend Your Stay in Canada - online application
    • The Application fee and Biometrics fee are both listed and seem to be mandatory. However, I submitted $85 for my biometrics fee with my PR app (and even then it is questionable that I will have to give biometrics since my Inland app was received before the law change on Dec. 3, 2019); do I need to pay another $85 with my IMM 5708e application? I don't want to over pay, but also don't want the app returned due to missing payment.

Thank you to all that are able to provide guidance!

@canuck_in_uk - You had advised me to try and wait for my OWP before submitting the application to extend my stay, but I have since found out that it is on hold until I am AIP (several other PR/SOWP applicants are receiving the same decision). Reaching out to you again as you had answered back to my original post.

You don’t need to give biometrics if you gave biometrics for a permanent residence application that is still being processed and now you’re applying for a visitor visa, study or work permit.

If you make another application for permanent residence, you’ll need to give biometrics again for that application.

 

[PrincessButtercup]

I suggest you contact your MP regarding the OWP, as that makes no sense, even with the COVID-19 situation. You should also request GCMS notes, even though they are seriously delayed right now.

Family or Other and provide proof of the sponsorship app.

Status can't be granted beyond passport expiry, so you could ask for that and explain that you are asking for long enough to cover the PR processing.

Yes, you need to pay. Biometrics done for a PR app don't qualify for a temporary residency app and vice versa. If you overpay, they just refund it eventually.

Thank you so much for the guidance, much appreciated.

I submitted another Webform asking for an explanation as to why I was ineligible for an OWP until AIP. Attached copies of my boarding pass from my last flight into Canada, OWP application w/ barcodes, and proof of payment. IRCC said they'd pass it on to the proper department for review. Taking this as a positive sign but trying not to get my hopes up.

 

[OverIt]

As I mentioned before we started living together from 3rd october 2018 but i was out of country in march2019 for vacation to my home country for my eyes operation!!
Still i can mention we started living together from april 1 ?

Did I receive a private message from you? If so, you might need to resend it because it disappeared ‍

 

[PrincessButtercup]

You don’t need to give biometrics if you gave biometrics for a permanent residence application that is still being processed and now you’re applying for a visitor visa, study or work permit.

If you make another application for permanent residence, you’ll need to give biometrics again for that application.

Thanks, I have not given biometrics for anything yet (PR or OWP, both applications in process). However, I did pay the $85 biometrics fee with my PR app back in October 2019.

 

[Gaurav0725]

Am sorry i am bothering you but i am really concerned about this !



Ok i will explain you my full thing
Thanks for giving time
I have hired a lawyer and he asked me to file commonlaw file , before this i never thought of doing it and i was stuck on 461 express entry draw !

i was out of status and applied for visitor extension nowbefore common law application

So the thing is i moved in apartment on oct3rd,2018 with my sister and my gf
But i was main lease holder and they are just living with me but name in the lease.
I went to india on feb 26,2019 and came back march 28,2019 .
My gf first got oinp and then PR approval in September 2019 and she went to border in November 209 but didn’t declare there about me(cause we never thought she has to sponser me)
So now when i already sent my file i get to know it will be an issue for me and for her PR
Also to mentioned cause her mom(in India) has orthodox thinking she never wants her to marry me cause of religion thing
So I seriously dont have any idea what should we do
Can’t we give explanation that we thought we should cover that one month(march 2019 in which i was out ) thats why we didn’t declare cause according to common law we need to live for 12 months !

 

[canuck_in_uk]

Am sorry i am bothering you but i am really concerned about this !



Ok i will explain you my full thing
Thanks for giving time
I have hired a lawyer and he asked me to file commonlaw file , before this i never thought of doing it and i was stuck on 461 express entry draw !

i was out of status and applied for visitor extension nowbefore common law application

So the thing is i moved in apartment on oct3rd,2018 with my sister and my gf
But i was main lease holder and they are just living with me but name in the lease.
I went to india on feb 26,2019 and came back march 28,2019 .
My gf first got oinp and then PR approval in September 2019 and she went to border in November 209 but didn’t declare there about me(cause we never thought she has to sponser me)
So now when i already sent my file i get to know it will be an issue for me and for her PR
Also to mentioned cause her mom(in India) has orthodox thinking she never wants her to marry me cause of religion thing
So I seriously dont have any idea what should we do
Can’t we give explanation that we thought we should cover that one month(march 2019 in which i was out ) thats why we didn’t declare cause according to common law we need to live for 12 months !

What date did you sign all of your forms and send your app? What date did you put in the app for when you became common-law?