Form IM0008 Q12 - Status of EU Citizen's in EU Countries

[ld.burke]

Hi!

I'm British, and applying for Permanent Residence in Canada through the conjugal partner route with my girlfriend - we've been together for 3 years but not yet married and haven't been living together for long enough to qualify as common-law, mainly due to me being based in Europe and the resulting visa issues.

My query is related to Question 12 on form IM0008 which asks; "During the past five years have you lived in any country other than your country of citizenship or your current country of residence (indicated above) for more than six months?" This is the easy bit, I have. I've lived and worked in The Netherlands for 4 years and am currently living and working in Ireland. I was present in these countries thanks to my European Union citizenship and derived freedom of movement rights, and this is where I'm confused. IM0008 requires me to list my "status" in these countries, and provides a few options including; Citizen, Permanent Resident, Worker, Other, or Foreign National.

I'm not sure which of these would best summarize my status while in The Netherlands. I was an EU citizen, and was exercising my right as an EU citizen to live, work and vote in The Netherlands, but I was not a citizen of The Netherlands. I was a permanent resident, but as an EU citizen did not apply to be a PR, I was a Worker in the country, and I was naturally a Foreign National. In all I'm leaning towards "Citizen", because I feel that best summarizes my rights and situation, and putting "Other" and then explaining EU Citizenship on the form seems... wordy.

Any help anyone could offer on how Canada considers EU citizens moving away from their birth countries would be very much appreciated!

 

[PMM]

Hi

Hi!

I'm British, and applying for Permanent Residence in Canada through the conjugal partner route with my girlfriend - we've been together for 3 years but not yet married and haven't been living together for long enough to qualify as common-law, mainly due to me being based in Europe and the resulting visa issues.

My query is related to Question 12 on form IM0008 which asks; "During the past five years have you lived in any country other than your country of citizenship or your current country of residence (indicated above) for more than six months?" This is the easy bit, I have. I've lived and worked in The Netherlands for 4 years and am currently living and working in Ireland. I was present in these countries thanks to my European Union citizenship and derived freedom of movement rights, and this is where I'm confused. IM0008 requires me to list my "status" in these countries, and provides a few options including; Citizen, Permanent Resident, Worker, Other, or Foreign National.

I'm not sure which of these would best summarize my status while in The Netherlands. I was an EU citizen, and was exercising my right as an EU citizen to live, work and vote in The Netherlands, but I was not a citizen of The Netherlands. I was a permanent resident, but as an EU citizen did not apply to be a PR, I was a Worker in the country, and I was naturally a Foreign National. In all I'm leaning towards "Citizen", because I feel that best summarizes my rights and situation, and putting "Other" and then explaining EU Citizenship on the form seems... wordy.

Any help anyone could offer on how Canada considers EU citizens moving away from their birth countries would be very much appreciated!

1. Question is probably immaterial, since if you Girl friend is a Canadian a conjugal application won't fly. There are no immigration barriers stopping you from living together for 1 year or marriage.
2. You weren't a citizen of the Netherlands so worker probably best describes your situation.

 

[ld.burke]

Hi



1. Question is probably immaterial, since if you Girl friend is a Canadian a conjugal application won't fly. There are no immigration barriers stopping you from living together for 1 year or marriage.
2. You weren't a citizen of the Netherlands so worker probably best describes your situation.

Hi! Thanks for your response, but I'm not sure what you mean with your first point "there are no immigration barriers stopping you from living together for 1 year".

As it stands she has the right to be in most European countries for 90 days as a visitor (think it's longer in the UK, but doesn't apply as I don't live there) and I can stay up to 6 months in Canada, obviously neither of us can work during this time, and in any case it's less than 1 year. I'd consider these things to be immigration barriers stopping us from living together for a year. We've visited each other regularly, and she's currently living with me in Ireland under a working holiday visa but it hasn't yet been one year, and we are interested in moving back to Canada together. All this is to say, we felt like the conjugal partner route described us perfectly, but neither of us being immigration experts we'd really appreciate hearing someone else's take!

I agree with your second point, although it does seem fuzzy - there's a greyed-out comment box on the form that only becomes available if you select "other", so I'll probably list my status as "worker" and then write in "European Union Citizen" by hand in the empty comment box. Figure that can't hurt.

Thanks again for your thoughts!

 

[bian07]

You are not eligible for conjugal. You can easily get a IEC permit for canada and you also state she currently is with you in Ireland with a working holiday permit. So not eligible. Nothing is stopping you from being together.
You either gotta wait it out until you are common law or you marry, but your conjugal application will just be refused

 

[ld.burke]

You are not eligible for conjugal. You can easily get a IEC permit for canada and you also state she currently is with you in Ireland with a working holiday permit. So not eligible. Nothing is stopping you from being together.
You either gotta wait it out until you are common law or you marry, but your conjugal application will just be refused

Thanks again for your help and responses! Unfortunately no, I can't easily get an IEC permit for Canada, as for British citizens the age bracket is 18-30, and I'm 31. Based on your responses I've re-read the CIC definition of conjugal partner and I now see where I misunderstood, the fact that we can live together in a common-law relationship means, as you say, we gotta wait it out. Until then I'll keep job-hunting in ON with a view to an express entry visa once I have a job offer.

Glad you guys helped me realize this before I went off and started the application in earnest, thanks for setting me straight!!!