Visa for Chinese Common-Law Sponsorship?

[hydra13]

Hello everyone.

I'm in a situation similar to another thread on these forums from 2009

(can't post links, it's called
"Canadian student sponsor Chinese wife - Is it hopeless?"

Cliffnotes: Canadian citizen, studying abroad, meet girl, move in together, achieve common-law status.

Next year my time studying abroad will near its end, and I would like to sponsor my common-law partner for canadian permanent resident status. I've read the Canadian Guide to Sponsorship IMM 3900 E (11-2010) as well as the Guide 3903E Family Class Sponsorship in China.

My problem is that I'm still unclear about what kind of visa my girlfriend would have to apply for, if any at all? I assume she will have to apply and get her chinese passport..but I'm not sure if she has to apply for a visa.

Can anyone shed some light onto this?

Thank you very much for your time!

 

[steaky]

She will be needing a visa to Canada(at least a visitor visa). China is not one of visa-exempted countries.

 

[hydra13]

Alright.

I'll look into the process for her getting an immigrant visa, because i've heard that a visitor visa is nearly impossible to get.

If you guys have any similar situations let me know!

Thanks again!

Edit: I also wanted to ask... Does this mean that my girlfriend first has to apply and receive her passport, and then apply and receive a visa before we can send off the sponsorship application?

 

[waitingintz]

Hydra

If you want your common-law partner to move to Canada permanentaly with you then you only need to apply for a Permanent Residence Visa. Once she has her PR visa she can enter Canada on that. Your partner will need a valid passport before you can submit your application as you must submit copies of the passport with your application

If you want your partner to come to Canada with you before she receives her PR visa, then you will need to apply for some kind of temporary visa before (tourist visa, study or work permit, etc).

Hope that clarifies

 

[hydra13]

Yes, the idea is that she would come permanently with me!

That helps a lot.. thank you!

 

[kelKel]

Since you've already achieved common law status once she has her passort you can collect all the necessary documents and apply while you're still living in China if you like. As well as proving cohabitation of one year, genuine relationship you'll also need to supply evidence of your plans to reestablish yourself in Canada.

 

[hydra13]

Well do you have to prove at least 12 month cohabitation by financial reasons? For example, a joint account for 12 months, or receipts that are 12 months old... or will pictures suffice.

Anyone have experience with using text messages, chat logs, or digital photos as evidence?

Can gift receipts work as well? (ie for christmas)

 

[kelKel]

Hydra I would search the threads on this forum to see what others have included. As for photos what many people do is create a word file and place maybe 3 photos per page starting from the beginning. Beside each photo write a caption. Who, what, where who took the shot ect... Make sure to have plenty goup shots and you with her family and vice versa.

 

[hydra13]

Thanks for all of the help, it means a lot.

I will search through the forum.

And in case anyone was wondering, the reason marriage isn't an option is because of the legal age required for marriage here. While my girlfirend is old enough, I'm only 20, which is 2 years below the legal age of marriage for males in China.

 

[waitingintz]

Hydra

Photos and joint bank accounts are evidence towards a genuine relationship but not evidence of cohabitation for a year. You need to submit a lease and house bills in both your names (or some equivelent) in order to prove you meet the common-law requirements. Simply sending photos of the two of you together will definitely not be enough.

 

[hydra13]

So if you're renting and and the bills are in the landlord's name then it's not possible?

Also, what is the standard thing to do with emails, letters, etc that are in a foreign language?
And finally, does the english level of my common law partner have anything to do with the application or our chances? I've studied chinese for about 2 years, and we communicate purely in Chinese.

 

[steaky]

if your emails, letters are in any foreign language, some members here use a translation service by notary public or translate by themselves into either English or French.

 

[waitingintz]

Hydra

Some evidence for the fact that you are both living in the same home is absolutely mandatory for the application. It's not a problem if the bills are in the landlord's name (so were our's) but is the lease in both of your names?? If not then you will need to try to get declarations from your landlord and maybe some neighbours to say that you have both been living there (permanently, full-time, etc) for at least 12 months. These statements (and all letters, etc) will have to be translated into English or French. And if you are relying only on these documents to prove that you are common-law then you should definitley get them notarized. You should also complete the Statutory Declaration of Common-Law Status (available on the immigration website) and get that notarized.

You will need to focus on proving 3 things:
1. your relationship is genuine (shown through photos, communcation, letters from friends/family, proof of traveling together, information about how you met & started dating, etc).

2. you are common-law (evidence of living together for over 12 months: shared lease or bills, mail for both of you sent to the same address, share accounts/property, etc)

3. That you will relocate to Canada with your partner once the PR is issued (job offer, home ownership or rental, evidence that your legal stay in China is limited, etc, etc)

 

[hydra13]

Thank you so much for the in-depth reply, it helps a lot!

I have a few more questions that are slightly more specific:

1. If I used to be a permanent resident and have recently become a Canadian Citizen (within the past 6 months) would I check YES to "Are you a Canadian Citizen?" and NO to "Are you a Permanent Resident?" or check YES for both and input the dates.

2. For the mailing addresses, should I be putting my address here in China, or the address where I will be staying when I go back (my parent's house). What if my address changes while the application is being processed?

3. Do Non-accompanying family members include (her) parents?

4. As the sponsor, I assume my marital status should be checked as "Common-Law", with the appropriate time entered.

5. Should I write her chinese name on the phone in characters, or using the romanization?

6. There is a medical exam my girlfriend has to take, correct? How is this done abroad? All of the links and information I find mention doctors within Canada...

Thanks so much for all of the help!

 

[waitingintz]

1. Once you are a citizen you are a citizen, no longer a permanent resident...

2. Generally speaking you should put your address in China. You can send in information about address changes to the visa office once your file has been transferred. BUT I, for example, used a Canadian address because the mail here is very unreliable and then included a note as to why I did that. This is for the Sponsor's mailing address. The Applicant's mailing address should also be the home in China and yes, you can change it part way but it might look suspicious if you change to a Canadian Address before the application is completed. You want to make sure you always have access to whatever address you are using.

3.Non-accompanying family is generally dependants I believe but you'll want to include anyone you might want to sponsor later (if she hopes to sponsor her parents I think they need to be included)

4.Yes, you would be common-law (assuming you have been living together for over 12 months)

5.I believe it asks on one of the applicants forms to include the name in original characters but elsewhere you can use the english form.

6. Check the website for a list of designated medical practitioners (DMPs) in your city. ALL family members included in the application need a medical exam.