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richee

Newbie
Jun 15, 2011
1
1
Hi Dr. Hasib,
It's fortunate of me to stumble upon this forum after some desperate searches for help. I notice that you have been very helpful. It is really kind f you. I have the following urgent questions:
Brief background information:
I am 60 and my common law wife is 45. I hold an MBA (UK) while she has a UK degree. She has been working all the years while I have been unemployed. (I was an ex-CEO many years back ).We have been staying together for the past 18 years or so under the same roof. We have 2 kids-one 12 and another 14. We are Asians. My wife's brother and his family (He+W+2 kids) last year just migrated to Canada under Skilled Worker category. His application was partially helped by his close relative (my wife’s uncle) who sponsored him when he made the application. And with her brother and this uncle’s help (sponsor), my wife and our kids have submitted an application also under Skilled Labour-done around December 2009. My wife 's brother submitted her immigration application online on her behalf. Due to some earlier arguments between my wife and I in 2009,( lately when I asked her), she said she just mentioned in the form then that I was the common law husband-I am confused because she went with the kids for medical check-up in my absence and without telling me (I found out from a third party). I suspect she did not include me in the application (submitted Dec 2009). Of course, as couples normally do, they quarrel and after a short span of time, they reconcile-the same applies to our case. After all, we are educated people and hence can manage conflicts between us (however bad).By the way, all this while, we have had been living in the same house with our 2 school going kids. Now that I have the following questions which I really do need your help, Dr. Hasib.
QUESTIONS:
1) If my name was not included as part of the PR Visa application submitted by my common law wife through her brother in Canada, is there any way that she can do to get me over there and join them (wife and kids)? If so, how and under what category (obviously not under Skilled Worker)? What about self employed?
2) According to her brother, I now need to sign a "Statutory Declaration" to the effect that I, the common law husband and father to our kids, have no objection for the principle applicant (my wife) to migrate together with the kids to Canada. When I asked her, she said the signing of this statutary declaration has no implication on my subsequent PR Visa application(since my wife did not me as part of the family or given the reason that we were no more together? )-I don't know, let's say she will either sponsor me later afte she gets her PR Visa approaval or I need to apply my own migration under the self-employed category (since this category has no age limit and I think I could manage to attain 35 points as required). My question is - is it a must that I have to sign such a declaration as a pre-requisite for her to get the PR Visa approval under the circumstances? And if I were to sign it, will affect my subsequent immigration application to Canada?
3) My wife said that she with the kids submitted the application because she feared that by inchuding me in the appication, and because of my age, the inclusion of me would pull down the points of the whole application. Of course, correct me if I am wrong, there is no impact whatsoever by including my name in the application s part of the family since my information search tells me that she , being the principal applicant, once gets approval, her approval will serve as unconditional Visa for entry by both her kids and common law husband (is thcorrect?). Is her fear unfounded?
4) I have noted the facts required for the definition of common law husband like joint bank account and/or joint-name in the property that we are staying etc. Well, when we first bought the current house 9 years ago, it was under our joint names(my wife and I) but later (last year) she asked me to transfer the said property – from my name to the children while my wife’s name stays- which I did. However, my only evidence is the children's birth certs which bear my name as the father and her's as the mother. The utilities bills of the same house also bear my name e.g. electricity and cable TV bills but telephone bill is under her name. Is this suffice to prove that we are still the common law H & W?
5) My wife says when she submitted the application in late 2009, Accountant was listed as one of the Skilled Worker profession. Where can I check this out now?
6) She also mentions that she does not keep a copy of application form and that it was done on-line by her brother and that she didn’t need to sign on the form (she answered me this when I asked where is the hard copy of her application). She also says she does not know how to check for her application progress. Please help.
7) I think she says she really hopes that I could sign the statutory declaration (to be signed in front of a Commisioner For Oat) before end of this month for her to submit as she heard that by this year end there will be changes in the PR Visa application law etc so that it becomes more difficult to get approval due to more stringent control/ requirements. Is this right?
Those are the urgent questions which I would pray for answers. Really appreciate if you could help to enlighten me soonest possible.
Richee (from a South East Asian country)
 
I suggest that you contact an approved immigration lawyer for advice before signing ANYTHING. I am sorry, but it sounds like you could be signing away your chance to immigrate and see your children. I don't know how anyone can apply for immigration without having to sign and date the forms. From what you have indicated, it doesn't sound as if your c-l wife has done anything to include you in the immigration plans to date and once you have signed a stat dec giving her the legal right to remove your children to Canada, I don't understand why she would then make an effort to sponsor your immigration. I don't mean to be hurtful saying this. It is the impression I have after reading your post. I wish you all the best and hope you find a peaceful solution.
 
Dear Richee,

First of all, your wife didn’t submit her application online as overseas applicants aren’t permitted to apply this way
.
Secondly, she didn’t include you in her visa application. Spouse must sign and fill in a form if he/she is included in visa application.

Thirdly, she wants to sign in that declaration form because without your approval your children might not be allowed to migrate with your wife.

Finally, she didn’t include you in her visa application & she is not gonna sponsor you later.

You did a mistake by transferring your property from your name to your wife’s

Regards,
Dr.Hasib
 
Dr.Hasib said:
Dear Richee,
In response to Dr. Hassibs comment, i also hvae some thoughts of your case...i think all of Dr. Hassib's comments are more likely correct...and I suggest that you dont sign that statutory declaration if you still want to see your kids...since your c-l wife did not include you in her application you might have a hard time entering canada as permanent residence as you are already at a retiring age...though you can visit them holding a tourist visa(temporary resident visa) valid for 6 moths if approved....moreso, applying FSW with C-L partnership really requires tedious paperwork just to prove the genuine commitment between you and your wife...the VO officer might give some hints of doubts on your case because your wife did not include you...if you have time, please seek an attorney's advise on your case...
Anyhow, these are just my opinion
good luck to you!

reynold


Dear Richee,

First of all, your wife didn't submit her application online as overseas applicants aren't permitted to apply this way
.
Secondly, she didn't include you in her visa application. Spouse must sign and fill in a form if he/she is included in visa application.

Thirdly, she wants to sign in that declaration form because without your approval your children might not be allowed to migrate with your wife.

Finally, she didn't include you in her visa application & she is not gonna sponsor you later.

You did a mistake by transferring your property from your name to your wife's

Regards,
Dr.Hasib
 
Dump this lady and live happily with ur kids as u have reached 60 yrs and its time to retire and enjoy life as long as it is there.
 
After reading your story I feel she does not want you in her life and wants to take the children with her, sorry to be blunt but that is what it sounds. My suggestion do not sign the form and if she tries to take your children away from you, you can should seek legal advice on the same. You mentioned the issue between you have been resolved, in that case ask her to update the application to include you in the current application instead of you applying for a different PR.

You are right the age of partner has no effect on the points of the principle applicant.

I hope everything is sorted out.