shayne_1820
Newbie

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« on: May 01, 2011, 07:41:10 am » |
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Hi everyone my name is shayne I need help I 'm currently working in dubai, my boyfriend is working now in sasketchawan canada, and he declared me as his common-law partner. We are now on process of application for permanent residency. Can anyone help me how can I make a formal letter to proove that we are indeed common law, because we don't have documents such as joint back accounts, joint lease or mortgage, joint property and insurances. What we have only are pictures, letters, and cash receipt because sometimes my boyfriend is sending money to me here in dubai. Can you give any suggestions what else can we provide to proove that i'm the common-law partner. I will really appreciate if anyone can suggest. Thanks.
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scylla
VIP Member
      
Posts: 4150
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Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-05-2010
AOR Received.: 19-08-2010
File Transfer...: 28-06-2010
Passport Req..: 01-10-2010
VISA ISSUED...: 05-10-2010
LANDED..........: 05-10-2010
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« Reply #1 on: May 01, 2011, 08:28:00 am » |
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Did you live together for at least one full year? You need to have lived together for at least one full year to qualify as common law for immigration purposes.
For proof, it really is key that you be able to prove that you lived together under a shared roof for a full year. What about a letter from your landlord? Also, letters from family and friends confirming this? You can also include letters that were send to you at your shared address (e.g. bank statements, bills, etc.) Hopefully others can suggested other forms of documentation.
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canadianwoman
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Category........: FAM
Visa Office......: Accra, Ghana
App. Filed.......: 30-01-2008
Interview........: 05-05-2009
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« Reply #2 on: May 01, 2011, 03:53:10 pm » |
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It sounds to me like the OP is not in fact a common-law partner. If they really have not lived together for one year, they should withdraw their application, and either refile as conjugal partners, or get married and refile as spouses.
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rjessome
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« Reply #3 on: May 01, 2011, 04:06:23 pm » |
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The OP and her boyfriend applied under one of the ecomonic categories. They need to review the requirements for the appropriate category as it is not always the same as an FC application. I would look into the following:
When the boyfriend entered Canada on (I assume) a work or study permit, was the OP declared as a CL partner in that application? If not, she can't be claimed on a PR application or that would be misrepresentation.
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Tiggilicious
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Posts: 207
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Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 01-02-2011
AOR Received.: 28-06-2011
File Transfer...: 01-03-2011
Med's Request: 31-07-2011
Med's Done....: 14-01-2011
Interview........: waived
Passport Req..: 08-08-2011
VISA ISSUED...: 30-08-2011
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« Reply #4 on: May 01, 2011, 05:57:32 pm » |
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We included 4 statutory declarations notarized, a copy of our life insurance policies showing us as one of the beneficiaries, our joint car purchase, showed bank statements for 12 months worth showing our names on it as joint, with a few other items of mail showing it was sent to our home.
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USA -> Canada, Outland, Common-Law (Florida to Nova Scotia!!!) Feb 01 2011 App Rcv'd at CIC-M July 14 2011 In-process (ecas) Aug 09 2011 Passport Request! Aug 30 2011 Visa issued Oct 6 2001 LANDED!!!
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shayne_1820
Newbie

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« Reply #5 on: May 02, 2011, 02:09:31 am » |
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Thanks evryone for the reply. Actually we didn't live together in one roof. We're together as girlfriend and boyfriend sice 2005. So, it means there's no other possible evidence? My boyfriend already received the SINP nominee in Saskatchwan, now the immigration is asking for our statutory declaration. Can anyone suggest?
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Love_Young
Champion Member
    
Posts: 2427
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Category........: FAM
Visa Office......: Vegreville
App. Filed.......: July 16, 2010
Med's Done....: June 16, 2010
Interview........: Waived
LANDED..........: June 01, 2011
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« Reply #6 on: May 02, 2011, 02:16:46 am » |
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One of the rules to be eligible or seen as common-law is to have lived together for one full year in a conjugal relationship. There is no category for simply boyfriend and girlfriend or fiance.
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INLAND! 07/16/10: App Received 09/22/10: Started Processing 05/18/11: Approval In Principle 05/20/11: Decision Made 06/01/11: LANDED! 07/29/11: Received PR Card! (No more CIC until citizenship time in 2013...Woo!)
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rjessome
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« Reply #7 on: May 02, 2011, 09:34:40 am » |
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Thanks evryone for the reply. Actually we didn't live together in one roof. We're together as girlfriend and boyfriend sice 2005. So, it means there's no other possible evidence? My boyfriend already received the SINP nominee in Saskatchwan, now the immigration is asking for our statutory declaration. Can anyone suggest?
I suggest that your boyfriend remove you from the application before it is refused. He needs to write to SINP and CIC, telling them that he didn't understand the law regarding common-law partnerships for immigration and has made a mistake. If he doesn't and they find out that he lied, the application will be refused, both of you will be found inadmissible for misrepresentation, he will be required to leave Canada and neither one of you will be allowed to re-apply to enter Canada for 2 years. If he hasn't applied to CIC yet, he can just advise SINP of this error and ask to have the nomination changed.
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shayne_1820
Newbie

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« Reply #8 on: May 03, 2011, 07:19:44 am » |
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Thanks for the reply. I really appreciate.That was really a very sad news. Is there no other way that I cannot be removed as a common law partner. I really want to be with him.I'm currently now here in Dubai, is there no other way or evidence?
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rjessome
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« Reply #9 on: May 03, 2011, 09:33:39 am » |
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Thanks for the reply. I really appreciate.That was really a very sad news. Is there no other way that I cannot be removed as a common law partner. I really want to be with him.I'm currently now here in Dubai, is there no other way or evidence?
The problem is, you are NOT his common law partner by definition for the purposes of immigration to Canada. If he leaves you on and CIC finds out he lied (and so did you) there will be NO immigration to Canada for either of you. After he lands as a PR in Canada, you can get married and he can sponsor you as a spouse.
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