Assistance required
- Thread starter confusedimmigrant
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Re: Assistance required ( Same sex Spouse Visa )
1) If you were living together, you were considered Common-Law Spouses. If he didn't declare this to Canada upon landing, he has commited misrepresentation. Worse, it excludes you from the Family Class. Even if you were to marry, he can never sponsor you. He should have declared the relationship.
The two of you may to talk with lawyer that has experience with Family Class exclusion. This is one rule CIC is strict about.
2) If you've been together for 8 years with proof, it won't be an issue. But see #1. He can't sponsor you.
3) You might qualify under the Skilled Worker category. You should go to www.cic.gc.ca and take their quiz to see if you're eligible. Keep in mind, CIC is rolling out new programs later this Spring, so if you don't qualify now, you may qualify in the future.
Another thing would be to see if you can find a job in Canada. Your boyfriend/husband can help.
I'm sorry because I know this isn't what you were hoping to hear.
1) If you were living together, you were considered Common-Law Spouses. If he didn't declare this to Canada upon landing, he has commited misrepresentation. Worse, it excludes you from the Family Class. Even if you were to marry, he can never sponsor you. He should have declared the relationship.
The two of you may to talk with lawyer that has experience with Family Class exclusion. This is one rule CIC is strict about.
2) If you've been together for 8 years with proof, it won't be an issue. But see #1. He can't sponsor you.
3) You might qualify under the Skilled Worker category. You should go to www.cic.gc.ca and take their quiz to see if you're eligible. Keep in mind, CIC is rolling out new programs later this Spring, so if you don't qualify now, you may qualify in the future.
Another thing would be to see if you can find a job in Canada. Your boyfriend/husband can help.
I'm sorry because I know this isn't what you were hoping to hear.
Re: Assistance required ( Same sex Spouse Visa )
Thank you for your quick response. Does that matter if we have not lived together for 12 months continuously ? this is what i am confused about because CL requires for us to live together for 12 months and we never did!!
Thank you for your quick response. Does that matter if we have not lived together for 12 months continuously ? this is what i am confused about because CL requires for us to live together for 12 months and we never did!!
Re: Assistance required ( Same sex Spouse Visa )
CIC isn't clear on this. I've read the regs posted by others and I don't see a clear cut definition. If you were habitually cohabitating, I think CIC will feel you were CL partners.
This is one reason I suggest speaking a lawyer. In fact, I would talk to several and get a variety of opinions.
The only thing that could possibly help is if you two were broken up when he landed. You'll need proof, however, because CIC does see people trying to lie about being together/broken up to get around this problem. If you weren't broken up, I wouldn't lie about it. That would make the situation worse.
I would look at work or study options to come to Canada. It may be faster because if you file the spouse PR, it will most likely be rejected. Then you'll have to appeal - which can take several months to several years. There's a pretty good chance your appeal will be denied in this case. Not to mention, it would open your husband up to charges of misrepresentation.
confusedimmigrant said:
CIC isn't clear on this. I've read the regs posted by others and I don't see a clear cut definition. If you were habitually cohabitating, I think CIC will feel you were CL partners.
This is one reason I suggest speaking a lawyer. In fact, I would talk to several and get a variety of opinions.
The only thing that could possibly help is if you two were broken up when he landed. You'll need proof, however, because CIC does see people trying to lie about being together/broken up to get around this problem. If you weren't broken up, I wouldn't lie about it. That would make the situation worse.
I would look at work or study options to come to Canada. It may be faster because if you file the spouse PR, it will most likely be rejected. Then you'll have to appeal - which can take several months to several years. There's a pretty good chance your appeal will be denied in this case. Not to mention, it would open your husband up to charges of misrepresentation.
Re: Assistance required ( Same sex Spouse Visa )
Thanks again. Could you suggest any good immigration lawyer for this matter ? Not keen on the idea of a student visa due to work restrictions !!
Thanks again. Could you suggest any good immigration lawyer for this matter ? Not keen on the idea of a student visa due to work restrictions !!
Re: Assistance required ( Same sex Spouse Visa )
Unfortunately I've only spoken with one lawyer and he wasn't very bright. I did my application myself. Some others might have better suggestions. You can post in to the pinned thread and ask for recommendations.
confusedimmigrant said:
Unfortunately I've only spoken with one lawyer and he wasn't very bright. I did my application myself. Some others might have better suggestions. You can post in to the pinned thread and ask for recommendations.
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