complex case (medical and common-law)

[djh]

Ok here we go:

• I am sponsoring my common-law spouse.
• She was here in Canada on visas (first a student visa and then an open work permit)
• We submitted our application Aug 2011 including the necessary medicals.
• In Sep 2011 she started getting pains in her armpit and by the end of the month she was diagnosed with breast cancer.
• She began treatment (chemo, etc) and had to quit her job at the time
• Her work permit was nearing expiry and hence also her OHIP coverage prior to completing her treatment. We requested an extension of the OHIP coverage but were denied. Since we feared the medical bills, we decided to apply for social assistance (and got it).
• As it turns out, radiation therapy is extremely expensive and so we decided she should go back to her home country for the rest of the treatment
• Now we've received a letter from CIC stating they need more evidence proving our common-law status
• Unfortunately we don't have the necessary evidence, we simply cannot find the necessary documents they require (legal documents indicating we lived under the same roof for certain dates)
• We both know that we want to be together and are considering simply getting married as we both think this is our only hope.
• We plan to get married as soon as she finishes radiation and comes back here.

Q's:
1. Can we simply switch our common-law sponsorship application to a marriage one?
2. Will the evidence still be required if we do?
2. Will the fact that she was on social assistance for a brief period of time be an issue?

 

[djh]

bump

 

[Lemondrop78]

I hope someone has some answers for you! Sorry I'm no help.

 

[robrod]

As far as I know, there's no "switching" of spousal sponsorships but you do have to disclose to CIC any changes in marital status.
I'm not sure if withdrawing common-law and then submitting a spousal one will do any good to "bury" facts. I wouldn't even try burying facts or "hiding truths" as I heard this phrase the other day.
Her having to go on social assistance is not good as you both signed an overtaking promising not to do that although I'm not sure if that will take place after completion of the sponsorship process or when you signed that overtaking.
This is one of those where Leon's, PMM's or any other senior member's advice could help better.
Best of luck on her cancer treatment and with this complex situation!.

 

[Bright_skies]

I don't know so much but I can tell you even if you do get married they will still want evidence. Even married applications must establish the genuineness of the relationship. See what you CAN get, even if they aren't "legal" documents. Try to think of other things, like statutory declarations from neighbors or anyone near your home saying you have been living together, any letters between you discussing household matters, receipts and bills from household expenses, pictures of the two of you together, facebook screenshots, etc... If she has been living with you for all this time you might be surprised what kind of details you can dredge up from your life that can be used to prove it.

If you had to go on social assistance explain it to them. And if you change your status to married, update it with them definitely, but I am not sure if you actually change the category of your application. Try posting about just that and see, as a lot more people might have knowledge of this.

Good luck and don't give up!

 

[OhCanadiana]

I hope your partner is feeling better and has a support system with her (and that you have one where you are too). You're going through a very tough time. Hang in there.

In tough cases, I find the instructions to help really guide the degrees-of-freedom so hopefully the following helps you in your decisions:

Q's:
1. Can we simply switch our common-law sponsorship application to a marriage one?
2. Will the evidence still be required if we do?

From OP-2, if you get married during the application process, they should assess your relationship based a spousal relationship (vs. common law) - see blue section below. You'll still need to provide evidence of the development of your relationship to show the marriage is genuine.

"5.51. Switching categories between spouses, common-law partners and conjugal partners
Applicants are required to indicate the category in which they are applying for immigration to
Canada. Conjugal partners, common-law partners and spouses are all specific categories with
specific requirements.
There is no requirement for an officer of the Department to automatically re-assess an
application by considering such an application in terms of a different relationship between
the applicant and the sponsor within the family class. The onus is entirely upon the applicant
to indicate what their relationship is to the sponsor and to fulfill the requirements of the category
under which they apply. There is no option to make a general application within the family class
(within the conjugal categories, for example). A fundamental understanding of the family class is
that members of that class must establish themselves as one of certain prescribed members in
terms of their relationship with the sponsor. Different relationships to the sponsor correspond to
different categories within the class as described in the Regulations. Applicants must self-identify
within an application and they must meet the requirements of the category under which they
apply. Each of spouses, common-law partners and conjugal partners are different categories with
different requirements, and applicants choose to identify themselves, voluntarily, depending on
their relationship to the sponsor on the application forms.
However, applicants are also obliged to inform the Department if aspects of their life change prior
to the finalization of their case, including their marital/conjugal status. If their conjugal relationship
changes (for example, if applicants are in a conjugal-partner relationship with a sponsor and the
applicant and sponsor marry), then officers should make adjustments to the application (i.e.,
coding) and should proceed with processing in terms of the new conjugal relationship. (See 13.1
for guidance on procedures regarding technically illegal marriages). Until further notice, applicants
whose marital status changes following a refusal decision—for example, following the refusal of
their conjugal-partner application the sponsor marries the applicant—should be counselled to
reapply under the appropriate category— in the above example, FC1."
Source: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[OhCanadiana]

2. Will the fact that she was on social assistance for a brief period of time be an issue?

It depends on the type of social assistance and if she is still on social assistance (or you can show you can support yourselves). The instructions state:

"You may NOT sponsor if you…

signed an undertaking for a previous spouse or common-law partner and three years have not elapsed since he or she became a permanent resident and,
receive social assistance for a reason other than disability,..."
http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

 

[OhCanadiana]

I don't know so much but I can tell you even if you do get married they will still want evidence. Even married applications must establish the genuineness of the relationship. See what you CAN get, even if they aren't "legal" documents. Try to think of other things, like statutory declarations from neighbors or anyone near your home saying you have been living together, any letters between you discussing household matters, receipts and bills from household expenses, pictures of the two of you together, facebook screenshots, etc... If she has been living with you for all this time you might be surprised what kind of details you can dredge up from your life that can be used to prove it.

Good luck and don't give up!

Great advice (gave you good karma for it )

djh - please reread bright_skies advice!

 

[Bright_skies]

Great advice (gave you good karma for it )

djh - please reread bright_skies advice!

Aren't you sweet
Right back atcha...