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ichdienme

Newbie
Jul 20, 2012
4
0
Hi All,

Firstly, what a wonderful community, been reading some of the reply's and everyone's so friendly!

I am a Canadian Citizen from birth, who got moved to the UK when I was young, so I hold a dual passport (valid) for both the UK and Canada. My long term girlfriend (British) and I are now looking to move to Canada, which is turning out to be a hugely daunting process! We are looking to move in July 2013, so 12 months time.

I guess, we have a couple of questions which we are finding it difficult to get answers too, so any feedback would be fantastic! Ok, here goes:

a) For the family class sponsorship, should we go through this process while we are both still living in the UK, start the process in the UK and finish it while in Canada, or wait until we are completely moved across?
b) What type of evidence would the interviewers ask for? We obviously have all our nick nacks from years together, bills in joint names, holiday snaps, etc, but is there anything in particular they will look for?
c) Does it matter that we are not married, and not engaged? We will have been together for over 6 years by the time we move, we will marry, when I actually step up to the plate, but will it actually have a major impact on us?
d) I am planning to find a job immediately, I have my passport, am waiting for my SIN, is there anything else I should put in place to make like easier for me?
d) Money - how much would they expect us to have before we move? I understand that my girlfriend cannot work and I have to support her until a visa is issued, so do they have pre-set figures in mind? e.g. $2000 per month, $3000 etc at and what point in the process do they start asking these questions?
e) Forms assistance - should we talk to the local consulate in London for help, employ an immigration lawyer, or are the forms actually not that bad if you take your time?

Are we going about this the right way, or is there some simple way for my girlfriend to come with me because I am a Canadian?

Any assistance gratefully received,

thank you!

Ich.
 
Hello, and welcome :)

I will briefly answer your questions below.

You mention you've been in a relationship with your girlfriend for several years. Have you been living together for at least 12 months (that you could prove)? I ask because you would need to be able to show that you are in a common-law relationship (unless you 'step up to the plate' and marry before you apply).

a) Start the process now. Given that you want to move in about a year, your timing may be just perfect. Take a month or two to put together your application, and then your partner will most likely have her PR sponsorship decision within the next 10 months (it is a two-step process; the first step takes 3 months or so and the London VO (visa office) is completing step 2 for 80% of the applications within 7 months).

Just note that her approval may expire 12 months after she does her medical exams (they can be extended in specific situations and you can also do another one) so keep that step to the very end just before you mail in the application and consider the timing if you have any commitments in a year's time.

b) The application requires that you prove that you have a genuine relationship and that you can show that you've been living together for a minimum of 12 months having intertwined your affairs like a married couple would (financial, social, emotional support, etc). Usually if you submit sufficient proof with your application, it is unlikely that you'll be called for an interview.

c) Depends on what you mean by 'been together.' Are you living together with your affairs intertwined or do you still lead intertwined but separate lives? As I mentioned above, if you're not married you'll need to show that you are a common-law couple (or that there's a reason why you haven't been able to live together - laws or visa issues for example - keeping you apart)

d) There is no explicit dollar amount required. As a spousal sponsorship, you would be minimum income exempt. Instead, they will be looking to make sure you have a plan in place to go back to Canada and that you have sufficient savings or a support system that will ensure you succeed after you move without requiring financial assistance from the government. So, showing savings combined with a reasonable plan for moving and settling in (sufficient savings for a hotel or staying with family, reasonable plans go sever ties and set new one up, etc)

e) I'll go with the last choice - the forms aren't bad if you take your time. CIC has a wealth of information, including instructions that walk you through each question on each form. The bulk of your time will be spent putting together the evidence of your relationship (photos, documents, phone bills, bank statements, etc, etc, etc) and you'll have to do it yourself whether you apply yourself or through a lawyer. You write English well enough that you can write clear explanations yourself so unless there is a 'skeleton' in either of your closets (e.g. criminal background) you should be fine doing it yourself as long as you put the time in and are organized. The instructions and forms you'll need to complete are available at http://www.cic.gc.ca/english/information/applications/fc.asp.

Good luck. Keep asking questions :)

ichdienme said:
Hi All,

Firstly, what a wonderful community, been reading some of the reply's and everyone's so friendly!

I am a Canadian Citizen from birth, who got moved to the UK when I was young, so I hold a dual passport (valid) for both the UK and Canada. My long term girlfriend (British) and I are now looking to move to Canada, which is turning out to be a hugely daunting process! We are looking to move in July 2013, so 12 months time.

I guess, we have a couple of questions which we are finding it difficult to get answers too, so any feedback would be fantastic! Ok, here goes:

a) For the family class sponsorship, should we go through this process while we are both still living in the UK, start the process in the UK and finish it while in Canada, or wait until we are completely moved across?
b) What type of evidence would the interviewers ask for? We obviously have all our nick nacks from years together, bills in joint names, holiday snaps, etc, but is there anything in particular they will look for?
c) Does it matter that we are not married, and not engaged? We will have been together for over 6 years by the time we move, we will marry, when I actually step up to the plate, but will it actually have a major impact on us?
d) I am planning to find a job immediately, I have my passport, am waiting for my SIN, is there anything else I should put in place to make like easier for me?
d) Money - how much would they expect us to have before we move? I understand that my girlfriend cannot work and I have to support her until a visa is issued, so do they have pre-set figures in mind? e.g. $2000 per month, $3000 etc at and what point in the process do they start asking these questions?
e) Forms assistance - should we talk to the local consulate in London for help, employ an immigration lawyer, or are the forms actually not that bad if you take your time?

Are we going about this the right way, or is there some simple way for my girlfriend to come with me because I am a Canadian?

Any assistance gratefully received,

thank you!

Ich.
 
Hi, and thanks.

Yes, we have been living together for 5 years now, have a variety of bills, bank accounts and rental agreements in our names.
 
ichdienme said:
Hi, and thanks.

Yes, we have been living together for 5 years now, have a variety of bills, bank accounts and rental agreements in our names.

Thanks for the quick clarification. Then, you can sponsor her as a common law spouse with no worries (well, hopefully you have photos too ;) ) Take another look at my post above (I edited the post to answer your questions on the same post while you replied to my first paragraph :) )

To elaborate on your last question re how to do the application, let me suggest:

Download the forms and instructions for the application off of http://www.cic.gc.ca/english/information/applications/fc.asp. Make sure you download the sponsor forms, the sponsored (principal applicant), and visa office specific forms. Print each form out and also print the visa specific instructions. Your call on whether to print the instructions or refer to them online.

Carve out half a day. Grab your print outs, a pen, and a notebook or pad of paper. Start filling in the application from end to end. If you are super familiar with Adobe forms you can fill it out on the computer and just highlight the questions you don't have answers to but otherwise just do it by hand. I would recommend doing it by hand so you don't get bogged down and can easily/quickly mark what you have and what is missing. For anything you can't do quickly write it down on your pad - don't get stuck. At the end, you should have a stack of filled out forms and clarity on what you are missing (eg detailed info on your wife's Mother's place of birth, middle names etc). Pat yourself on the back. Now you know what you have and what you need for your forms.

If you feel you can close the gaps yourselves (perhaps with some guidance from here) then you can do the application yourself.

By the way, if you are a fast reader and have time and want to know all the details you can read all about how CIC will assess your application and details on things like the fact that there really is no financial req't for spousal support at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf and at http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf. At that point, you'll be an expert!

Good luck on this journey!!!
 
You're welcome.

BTW, as you start collecting your evidence, you may want to use CIC's discussion on characteristics and assessment of conjugal relationships in OP-2 as a guide on how to organize your evidence and to think about what evidence to prioritize photocopying, scanning, etc.

"In the M. v. H. decision, the Supreme Court adopts the list of factors that must be considered in
determining whether any two individuals are actually in a conjugal relationship from the decision of
the Ontario Court of Appeal in Moldowich v. Penttinen. They include:
• shared shelter (e.g., sleeping arrangements);
• sexual and personal behaviour (e.g., fidelity, commitment, feelings towards each other);
• services (e.g., conduct and habit with respect to the sharing of household chores)
• social activities (e.g., their attitude and conduct as a couple in the community and with their
families);
• economic support (e.g., financial arrangements, ownership of property);
• children (e.g., attitude and conduct concerning children)
• the societal perception of the two as a couple."

"Based on this, the following characteristics should be present to some degree in all conjugal
relationships, married and unmarried:
• mutual commitment to a shared life;
• exclusive – cannot be in more than one conjugal relationship at a time;
• intimate – commitment to sexual exclusivity;
• interdependent – physically, emotionally, financially, socially;
• permanent – long-term, genuine and continuing relationship;
• present themselves as a couple;
• regarded by others as a couple;
• caring for children (if there are children).
People who are dating or who are thinking about marrying or living together and establishing a
common-law relationship are NOT yet in a conjugal relationship, nor are people who want to live
together to “try out” their relationship.
Persons in a conjugal relationship have made a significant commitment to one another."

OP-2 also outlines examples of evidence:

"Financial aspects of the relationship
• Joint loan agreements for real estate, cars, major household
appliances;
• Joint ownership of property, other durable goods;
• Operation of joint bank accounts, joint credit cards evidence that any
such accounts have existed for a reasonable period of time;
• The extent of any pooling of financial resources, especially in relation
to major financial commitments;
• Whether one party owes any legal obligation in respect of the other.

Social aspects of the relationship
• Evidence that the relationship has been declared to government
bodies and commercial or public institutions or authorities and
acceptance of such declarations by any such bodies;
• Joint membership in organisations or groups, joint participation in
sporting, cultural, social or other activities;
• Joint travel;
• Shared values with respect to how a household should be managed;
• Shared responsibility for children; shared values with respect to
child-rearing; willingness to care for the partner's children;
• Testimonials by parents, family members, relatives or friends and
other interested parties about the nature of the relationship and
whether the couple present themselves to others as partners.
Statements in the form of statutory declarations are preferred.

Physical and emotional aspects of the relationship -the degree of commitment as evidenced by:
• Knowledge of each other's personal circumstances, background and
family situation;
• Shared values and interests;
• Expressed intention that the relationship will be long term;
• The extent to which the parties have combined their affairs, for
example, are they beneficiaries of one another's insurance plans,
pensions, etc.?
• Joint decision-making with consequences for one partner affecting
the other;
• Support for each other when ill and on special occasions letters,
cards, gifts, time off work to care for other;
The terms of the parties' wills made out in each other's favour
provide some evidence of an intention that the relationship is long
term and permanent;
• Time spent together;
• Time spent with one another's families;
• Regular and continuous communication when apart.

Examples of supporting documents:
• Family memberships, medical plans, documentation from institutions that provides
recognition as a couple;
• Marriage certificate (not just a solemnization record), wedding invitations, commitment
ceremony (certificate, invitations), domestic partnership certificate;
• joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan,
property title, joint bank statements; money transfers.
• documents showing travel together, long distance phone bills; other proof of continuous
communication (emails, internet chat site printouts, letters).
• insurance policies (documents naming the partner as a beneficiary), wills, powers of
attorney;
• significant photographs;
• statements of support from families, bank manager, employers, financial professionals,
religious leaders, community leaders, professors, teachers or medical professionals."

You can see even more details at http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf in Sections 5.25 and 5.26

Good luck! You now have a 'how to sponsor my common-law partner 101' :)
 
That's perfect, thank you so much! I'm printing everything out and will sit down with the other half and work through it all.

Your a super star, thanks again.

ich.