re-establishing into Canada - Employment status

[kac-mbp]

I am a Canadian Citizen and have been living in Trinidad with my partner for the past 3 years in a common-law relationship - we have all notarized documentation to prove this.

I am homesick for Canada and we have made the decision that it is time to establish ourselves within Canadian society. I have just resigned my position in Trinidad and am planning to move to Canada within the next 30 days. I have been looking for employment for the past 30 days and although do have some interviews set up, I have no job offer.

We would like to ensure the time spent apart is minimal therefore we would like to apply for his residence before I obtain a job offer. Is this a good idea. I do have a Declaration of financial support from my parents stating that they are more then willing and equipped to host host me during my search for employment and housing, however long this may take. Do I need to provide more proof then just the Declaration of financial support from my parents?

We have a 4 year history with Canadian Immigration applying for travel visa's for  Mark and have included our common-law status in these applications.

Our major concern is my employment status - should this be a concern and should we wait to apply?

Also although I have been living in Trinidad I have been paying taxes in Canada, due to some bad tax advice - therefore I should be able to obtain an Option C Printout - will this be hard to explain why I have this printout if I am clamming common-law status with a man in Trinidad?

[gigi1612]

I am a Canadian Citizen and have been living in Trinidad with my partner for the past 3 years in a common-law relationship - we have all notarized documentation to prove this.

I am homesick for Canada and we have made the decision that it is time to establish ourselves within Canadian society. I have just resigned my position in Trinidad and am planning to move to Canada within the next 30 days. I have been looking for employment for the past 30 days and although do have some interviews set up, I have no job offer.

We would like to ensure the time spent apart is minimal therefore we would like to apply for his residence before I obtain a job offer. Is this a good idea. I do have a Declaration of financial support from my parents stating that they are more then willing and equipped to host host me during my search for employment and housing, however long this may take. Do I need to provide more proof then just the Declaration of financial support from my parents?

We have a 4 year history with Canadian Immigration applying for travel visa's for  Mark and have included our common-law status in these applications.

Our major concern is my employment status - should this be a concern and should we wait to apply?

Also although I have been living in Trinidad I have been paying taxes in Canada, due to some bad tax advice - therefore I should be able to obtain an Option C Printout - will this be hard to explain why I have this printout if I am clamming common-law status with a man in Trinidad?

You don't need a minium income if you're applying outland, you do if you're applying inland.

[suenim]

You don't need a minium income if you're applying outland, you do if you're applying inland.

This is not true. The financial requirements are the same for inland and outland. In the case of spousal sponsorship there is no financial requirement if you're sponsoring just your spouse.

[kac-mbp]

This is not true. The financial requirements are the same for inland and outland. In the case of spousal sponsorship there is no financial requirement if you're sponsoring just your spouse.

 @ suenim &  @ gigi1612

Thank you both very much - should I include the Option C Printout anyway - like it asks in the checklist? Will the letter from family be enough to explain re-establishment? 

[gigi1612]

 @  suenim &   @  gigi1612

Thank you both very much - should I include the Option C Printout anyway - like it asks in the checklist? Will the letter from family be enough to explain re-establishment? 

Are you sponsoring your wife?

[kac-mbp]

Are you sponsoring your wife?

He is my common-law partner - we have been living together for 3 years in Trinidad but I am in the process of moving back and would like him to join me eventually.

[gigi1612]

 @  suenim &   @  gigi1612

Thank you both very much - should I include the Option C Printout anyway - like it asks in the checklist? Will the letter from family be enough to explain re-establishment? 

Yes, since you are sponsoring your husband, you don't need a minium income. It will help because it will show your status (common-law).

[suenim]

   @   suenim &    @   gigi1612

Thank you both very much - should I include the Option C Printout anyway - like it asks in the checklist? Will the letter from family be enough to explain re-establishment? 

Oh yes. Include the option c. It's on the document checklist. Show the letter from family even though income is not important in spousal sponsorship. Since you're coming back, you can also mention you're job hunting etc.

[gigi1612]

This is not true. The financial requirements are the same for inland and outland. In the case of spousal sponsorship there is no financial requirement if you're sponsoring just your spouse.

You're right suenim. Thanks for the correction.

[Material]

Please keep in mind that you have to submit lots of proof to prove the period of cohabitation and your common-law relationship this is the most important part of your app another thing is when you filed your taxes while you were in Trinidad did you declare your hubby as common-law if not I dont think that submitting the option c printout will help seeing that you decalred yourself as single ...however you will have to provide it later on if they ask for it:

Here is a part of the manual it shows what sort of proof u should provide:

"The following is a list of indicators about the nature of the household that constitute evidence
that a couple in a conjugal relationship is cohabiting:

• Joint bank accounts and/or credit cards;
• Joint ownership of residential property;
• Joint residential leases;
• Joint rental receipts;
• Joint utilities accounts (electricity, gas, telephone);
• Joint management of household expenditures;
• Evidence of joint purchases, especially for household items;
• Correspondence addressed to either or both parties at the same address;
• Important documents of both parties show the same address, e.g., identification documents,
driver's licenses, insurance polices, etc.;
• Shared responsibility for household management, household chores, etc.;
• Evidence of children of one or both partners residing with the couple;
• Telephone calls.

If your plan on submitting the app befor going to Canada you have to show your intensions of going back like where your going to stay with your common-law partner , job (attach proof of the job interviews you have)

Cheers

[kac-mbp]

Please keep in mind that you have to submit lots of proof to prove the period of cohabitation and your common-law relationship this is the most important part of your app another thing is when you filed your taxes while you were in Trinidad did you declare your hubby as common-law if not I dont think that submitting the option c printout will help seeing that you decalred yourself as single ...however you will have to provide it later on if they ask for it:

Here is a part of the manual it shows what sort of proof u should provide:

"The following is a list of indicators about the nature of the household that constitute evidence
that a couple in a conjugal relationship is cohabiting:

• Joint bank accounts and/or credit cards;
• Joint ownership of residential property;
• Joint residential leases;
• Joint rental receipts;
• Joint utilities accounts (electricity, gas, telephone);
• Joint management of household expenditures;
• Evidence of joint purchases, especially for household items;
• Correspondence addressed to either or both parties at the same address;
• Important documents of both parties show the same address, e.g., identification documents,
driver's licenses, insurance polices, etc.;
• Shared responsibility for household management, household chores, etc.;
• Evidence of children of one or both partners residing with the couple;
• Telephone calls.

If your plan on submitting the app befor going to Canada you have to show your intensions of going back like where your going to stay with your common-law partner , job (attach proof of the job interviews you have)

Cheers

Thanks for the feedback Material. I really was not concerned about them questioning our relationship until I received your comments.  I think that we have more then enough proof of common-law status.

We have a signed declaration (notarized) from our land lord stating we have rented for 3 years and lived together.
We have joint bank accounts in Canada and in Trinidad
We have a history of applying for visitor visa's for Mark and for the past 5 years we have declared our relationship each time (this is 3 single entry visas and one multiple entry visa)
We have pictures of events in our relationship for the past 5 years - my partner visiting my family in Canada, my family visiting us in Trinidad, vacations with his family, etc...
We have proof of our health insurance together for the past 3 years

Is there anything else you can suggest - I can tell you we don't have:

We have no property (individual or joint)
Our utility accounts are offered through our rental (therefore not in either of our names)
Children - We have decided till we migrate to start a family

As for the re-establishment - I can provide proof of interviews and have documented my re-establishment plan in a letter, and obtained a letter from family members stating I can live with them while I look for a job.

Is there anything else you would suggest.

Thanks for the support!

[Material]

Thanks for the feedback Material. I really was not concerned about them questioning our relationship until I received your comments.  I think that we have more then enough proof of common-law status.

We have a signed declaration (notarized) from our land lord stating we have rented for 3 years and lived together.
We have joint bank accounts in Canada and in Trinidad
We have a history of applying for visitor visa's for Mark and for the past 5 years we have declared our relationship each time (this is 3 single entry visas and one multiple entry visa)
We have pictures of events in our relationship for the past 5 years - my partner visiting my family in Canada, my family visiting us in Trinidad, vacations with his family, etc...
We have proof of our health insurance together for the past 3 years

Is there anything else you can suggest - I can tell you we don't have:

We have no property (individual or joint)
Our utility accounts are offered through our rental (therefore not in either of our names)
Children - We have decided till we migrate to start a family

As for the re-establishment - I can provide proof of interviews and have documented my re-establishment plan in a letter, and obtained a letter from family members stating I can live with them while I look for a job.

Is there anything else you would suggest.

Thanks for the support!

Glad I could help here is another part of the manual :

• a statutory declaration of common-law relationship (included in the
application package);
• proof of separation from a former spouse if either the sponsor or the
applicant were previously married; and
• evidence that they have been living together for at least one year (e.g.
documents showing the same address for both). 

Evidence may also include:
• documents from other institutions or other government authorities, such as
the Canada Revenue Agency, indicating a marital or common-law
relationship;

The decleration isnt mandatory but its advisible to include it, here is the link to the form:

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.pdf

you need to get it noterized.

Cheers

[kac-mbp]

Glad I could help here is another part of the manual :

• a statutory declaration of common-law relationship (included in the
application package);
• proof of separation from a former spouse if either the sponsor or the
applicant were previously married; and
• evidence that they have been living together for at least one year (e.g.
documents showing the same address for both). 

Evidence may also include:
• documents from other institutions or other government authorities, such as
the Canada Revenue Agency, indicating a marital or common-law
relationship;

The decleration isnt mandatory but its advisible to include it, here is the link to the form:


you need to get it noterized.

Cheers

Thanks Again Material - we already have the declaration signed and notorized - we also have a  notarized letter from an attorney stating that we are in a common-law relationship and we did submit both of these in December when we applied for his mulitple entry visa which he was granted. I am feeling better about the proof now! I still question what the difference between common-law and conjugal partners are - by the definition stated we are both (can this be?).

 

[Material]

Thanks Again Material - we already have the declaration signed and notorized - we also have a  notarized letter from an attorney stating that we are in a common-law relationship and we did submit both of these in December when we applied for his mulitple entry visa which he was granted. I am feeling better about the proof now! I still question what the difference between common-law and conjugal partners are - by the definition stated we are both (can this be?).

Every relationship marriage or common -law has to be conjugal meaning that its bonafide here is where it gets complicated when you apply there three types of applications

1.Marriage
2.Common law
3.conjugal ((not married nor common-law; by some very specific reasons u did not manage to get married or live together (strong and serious reasons like war, visa requirements, etc))

so in a way we all have to be conjugal in our relationships but when we apply for sponsorship it has to be one of the three types listed above. I hope I didnt confuse you even more now !!

By the looks of it you got everything coverd which is great , you can also add copies of birthday cards, christmas , new year, plane tickets to places traveled together , hotal bookings.

Its all a matter of how you build your app the more effort and time you put in gathering proof and filling the forms the better and smoother the process.

Good luck