A little guidance PLEASE

[zarsco]

Hi Everyone,

First of all I think this is an AMAZING website and forum and I find it so helpful.

My fiancee/baby's mother is a Canadian by birth and we have been in a relationship since January 2009 and have a two year old daughter that was born in Canada.

I am from the Cayman Islands and she has visited me back and forth throughout the length of our relationship and I did the same going to Canada to visit her as well.

We have both decided to stop visiting back and forth and live together in Canada. Cayman Islanders are British Citizens and I did not need a visa to enter Canada I just use my British Passport.

My fiancee was once married but is not divorced and has no children from her previous marriage. I was married before and now divorced and have one child from my previous marriage.

I have full custody of my daughter and we both moved to Canada (Toronto) the end of June 2013. I finally got my daughter into school after having to prove to the school board that I started my PR application. The only thing I paid for was the $75 sponsporship app fee and showed them that recieipt.

the principal applicant application is $475 and I am waiting on my salary(I own my own business back in Cayman) to pay this fee.

Do I have to send in my fiancees app to sponsor me form first with the $75 receipt? Or do I have to wait and send all forms together?

Also when will I be able to get OHIP for my daughter and myself?

Being that my fiancee and I have not lived together constantly for a year will this affect my chances for a PR?

Please guys any help and advice is soooooo appreciated. Thank you

 

[scylla]

To qualify to apply for PR - you must either be married or common law (i.e. have lived together for a minimum of one full year). If you aren't married or common law yet - don't apply. You'll have to wait until you qualify.

 

[Behopeful]

Hi Everyone,

First of all I think this is an AMAZING website and forum and I find it so helpful.

My fiancee/baby's mother is a Canadian by birth and we have been in a relationship since January 2009 and have a two year old daughter that was born in Canada.

I am from the Cayman Islands and she has visited me back and forth throughout the length of our relationship and I did the same going to Canada to visit her as well.

We have both decided to stop visiting back and forth and live together in Canada. Cayman Islanders are British Citizens and I did not need a visa to enter Canada I just use my British Passport.

My fiancee was once married but is not divorced and has no children from her previous marriage. I was married before and now divorced and have one child from my previous marriage.

I have full custody of my daughter and we both moved to Canada (Toronto) the end of June 2013. I finally got my daughter into school after having to prove to the school board that I started my PR application. The only thing I paid for was the $75 sponsporship app fee and showed them that recieipt.

the principal applicant application is $475 and I am waiting on my salary(I own my own business back in Cayman) to pay this fee.

Do I have to send in my fiancees app to sponsor me form first with the $75 receipt? Or do I have to wait and send all forms together?

Also when will I be able to get OHIP for my daughter and myself?

Being that my fiancee and I have not lived together constantly for a year will this affect my chances for a PR?

Please guys any help and advice is soooooo appreciated. Thank you

I would agree with the previous post.
It sounds like you are not yet common law (you said your financee travelled back and forth) and are not married which means you are not considered part of the family class. As well, she needs to complete her divorce. You aren't considered common law and if you send your application now it will be denied because you aren't applying under the correct class/ satisfying the requirement of common law.
As for OHIP, you will be entitled 3 months AFTER becoming a PR and will receive a SIN as soon as you become a landed PR unless you apply inland vs. Outland. You are looking at at least until June of 2014 until you can even file under common law if this is the first time you have lived together. I would suggest to start gathering lots of proof, bank accounts, your name on lease/ mortgage, etc.
Good luck!

 

[Behopeful]

Hi Everyone,

First of all I think this is an AMAZING website and forum and I find it so helpful.

My fiancee/baby's mother is a Canadian by birth and we have been in a relationship since January 2009 and have a two year old daughter that was born in Canada.

I am from the Cayman Islands and she has visited me back and forth throughout the length of our relationship and I did the same going to Canada to visit her as well.

We have both decided to stop visiting back and forth and live together in Canada. Cayman Islanders are British Citizens and I did not need a visa to enter Canada I just use my British Passport.

My fiancee was once married but is not divorced and has no children from her previous marriage. I was married before and now divorced and have one child from my previous marriage.

I have full custody of my daughter and we both moved to Canada (Toronto) the end of June 2013. I finally got my daughter into school after having to prove to the school board that I started my PR application. The only thing I paid for was the $75 sponsporship app fee and showed them that recieipt.

the principal applicant application is $475 and I am waiting on my salary(I own my own business back in Cayman) to pay this fee.

Do I have to send in my fiancees app to sponsor me form first with the $75 receipt? Or do I have to wait and send all forms together?

Also when will I be able to get OHIP for my daughter and myself?

Being that my fiancee and I have not lived together constantly for a year will this affect my chances for a PR?

Please guys any help and advice is soooooo appreciated. Thank you

As well, your question concerning if you should send all your forms together. Yes! Everything needs to be sent all together in order for the application to be complete. Remember you will require a medical for yourself and daughter (do this closer to applying as it expires after one year) and you will require police certificates for any country you have lived in for longer than 6 months.

 

[zarsco]

To qualify to apply for PR - you must either be married or common law (i.e. have lived together for a minimum of one full year). If you aren't married or common law yet - don't apply. You'll have to wait until you qualify.

Intresting! I thought we would be able to apply as conjugal parteners. I copied the info below from settlement.org


Who is a Common-Law and Conjugal Partner?

Common-Law Partner

You can sponsor a person as your common-law partner if:

That person is of the opposite or same sex; and
You and your partner have lived together in a conjugal relationship for a period of at least one year.

Conjugal Partner

According to the application, the conjugal category is intended for partners of Canadian sponsors who would ordinarily apply as:

Common-law partners but cannot meet the definition, that is were not able to live together continuously for one year with their sponsor; or
Spouses, but marriage to their sponsor is usually not an available option to them, usually because of marital status or sexual orientation, combined with an immigration barrier (for example, rules preventing partner and sponsor of long stays in one another's countries)."

 

[QuebecOkie]

There is nothing preventing her from divorcing or preventing you from living together. You would not qualify as conjugal. It is a very difficult category to get approved. It is for couples who, due to laws/visa denials/etc., are completely unable to live together or to get married. For instance, in the Philippines, divorce is illegal. That would be a barrier to being able to marry a new partner. In many countries, same-sex marriage is illegal. If the same-sex foreign national is unable to get a visitor visa to come to Canada, that would be a barrier to marriage or cohabitation.

 

[zarsco]

There is nothing preventing her from divorcing or preventing you from living together. You would not qualify as conjugal. It is a very difficult category to get approved. It is for couples who, due to laws/visa denials/etc., are completely unable to live together or to get married. For instance, in the Philippines, divorce is illegal. That would be a barrier to being able to marry a new partner. In many countries, same-sex marriage is illegal. If the same-sex foreign national is unable to get a visitor visa to come to Canada, that would be a barrier to marriage or cohabitation.

Sorry guys she is 100% divorced! That was a typo above "not" was supoosed to be "now"

 

[truesmile]

QuebecOkie is RIGHT! Don't use "conjugal". Seems to me from all the cases I've read here, if there is another way about it ie. "getting married" a conjugal application will be denied. Also I saw it posted here once that conjugal application has about a 2% approval rate.

 

[QuebecOkie]

Sorry guys she is 100% divorced! That was a typo above "not" was supoosed to be "now"

Ah, okay. Then there's nothing stopping you from being married. You would in no way qualify for conjugal. You must either cohabit for at least 12 full months (and be able to prove that you have done so - your name on lease/utilities, mail delivered to you at your shared address, letter from landlord/etc.) or get married before you will be eligible to apply under family class sponsorship.

 

[zarsco]

Ok the conjugal thing doesn't look good!

Alright I have a question about a "hypothetical" situation


Let's say me and my fiancee met in 2009 and have been living together with leases in both of our names for two different houses over the past 4 years.

Let's say that she did go back to canada at least once a year for docotrs visits, see her family etc.

Now let's say that since the child was born for 2 years she never collected Child benefit tax or universal tax credit and she now wants to apply for the retro pay for those two years but is worried that if she was living in the caribbean for over a year will not be eligible for the retro pay because she was living outside of canada. So let's say this is why eventhough they are common law they are afraid to say that and not receive their Child tax benefit for all the two years they never got it.

Remember this is a "hypothetical" situation.

 

[scylla]

The answer is simple - go with the truth. Don't lie about where both of you have really lived since 2009. If she lived outside of Canada since 2009 - then she definitely should not be claiming retro child tax benefits (she doesn't qualify and could land herself in trouble if she lies and accepts child tax benefits illegally). However in this case you would qualify as common law now - so that would be the good news.

Again, when it comes to both immigration (CIC) and taxes (CRA) - lying is a very bad idea.

 

[zarsco]

Ok how about if me and my fiancee got married. Will we still have to wait for a year before we could apply as husband and wife?

 

[QuebecOkie]

Ok how about if me and my fiancee got married. Will we still have to wait for a year before we could apply as husband and wife?

No, you would not have to wait. You can apply for PR with her as your sponsor as soon as you are married. You still have to send proof to CIC to demonstrate that your relationship is ongoing and genuine, but there is no required timeline for married couples.

 

[Behopeful]

Ok the conjugal thing doesn't look good!

Alright I have a question about a "hypothetical" situation


Let's say me and my fiancee met in 2009 and have been living together with leases in both of our names for two different houses over the past 4 years.

Let's say that she did go back to canada at least once a year for docotrs visits, see her family etc.

Now let's say that since the child was born for 2 years she never collected Child benefit tax or universal tax credit and she now wants to apply for the retro pay for those two years but is worried that if she was living in the caribbean for over a year will not be eligible for the retro pay because she was living outside of canada. So let's say this is why eventhough they are common law they are afraid to say that and not receive their Child tax benefit for all the two years they never got it.

Remember this is a "hypothetical" situation.

When in doubt go with the truth!

As well did she file taxes for any of the years shr was out of Canada? CRA considers common law differently then immigration so if you were in a relationship CRA considers you common law and will need your income to calculate benefits. Truly don't lie. It comes back to haunt you.
Our situation was this: my husband is Trinidadian. Came to Canada on work permit, overstayed from 2008 and left 2012. We had a child born early 2012. I figured because he doesn't have status he doesn't need to file and I could collect benefits. WRONG! CRA took back all the benefits they paid me until all his taxes were filed and we had to file out of country income for him for 2012 in order to collect benefits. I was in no trouble an it was an honest mistake on my part. If you weren't common law at the time the child was born, CRA considers you common law as soon as the child is born if you are still in a relationship which is completely different from immigration. CRa also told me they can be contacted by CIC to "confirm" details. Don't know if they were just trying to scare me, but it worked. My husband had a SIN to file taxes with CRA however we were told if he didn't he would be given a temp number to file an everything could match up with my SIN before receiving benefits. I am sure your fiancée is still very muh entitled to her benefits for the child but you just want to make sure everything is done correctly.
Anyways hope this explanation was clear. I am in no way an expert but just thought I would give my experience. All the best!

 

[zarsco]

When in doubt go with the truth!

As well did she file taxes for any of the years shr was out of Canada? CRA considers common law differently then immigration so if you were in a relationship CRA considers you common law and will need your income to calculate benefits. Truly don't lie. It comes back to haunt you.
Our situation was this: my husband is Trinidadian. Came to Canada on work permit, overstayed from 2008 and left 2012. We had a child born early 2012. I figured because he doesn't have status he doesn't need to file and I could collect benefits. WRONG! CRA took back all the benefits they paid me until all his taxes were filed and we had to file out of country income for him for 2012 in order to collect benefits. I was in no trouble an it was an honest mistake on my part. If you weren't common law at the time the child was born, CRA considers you common law as soon as the child is born if you are still in a relationship which is completely different from immigration. CRa also told me they can be contacted by CIC to "confirm" details. Don't know if they were just trying to scare me, but it worked. My husband had a SIN to file taxes with CRA however we were told if he didn't he would be given a temp number to file an everything could match up with my SIN before receiving benefits. I am sure your fiancée is still very muh entitled to her benefits for the child but you just want to make sure everything is done correctly.
Anyways hope this explanation was clear. I am in no way an expert but just thought I would give my experience. All the best!

Sorry I am a little confused. So CRA considers me and my fiancee common law and CIC does not?

Is there a disadvantage or advantage to CRA seeing me as common law?