Simple first steps - help needed

[UKZippy]

Hi all, new to here hence my first step questions. Apologies if you've answerd these before, so many threads to read as a newbie :'(

Ok I'm separated and live in the UK. The woman I'm in a serious relationship with lives in Canada and is Canadian. She is also separated.
Our plans are for me to move to Canada, she has two young children and would be difficult for her to move to the UK. So what are the first steps we need to take to enable me to move to Canada?

I canont obviously go to Canada on a visa and live with her for a year (common-law relationship) as I dont think you can get a years visitors visa. So where to we start.
Secondly, do I need to be divorced to be sponsored by her?

Many thanks in anticipation, so greatful there are forums like this!

Regards
Colin.

 

[rathika]

hi colin welcome to the forum... first of all u need to be divorced from ur first marriage,then get married to her and have her sponsor u under spousal ........u to have show proof of ur relationship such as a married certificate,letters,postcards,phonebills,e-mails......etc...the other option is common-law sponsor but u mentioned u cant do that...i was also in a married situation before..but over that got divorced couple of yrs later just got married again....sponsoring him hope to be with him soon.........well best of luck hope this would help u a bit.............ic

 

[UKZippy]

Thank you for the welcome and a quick reply!!!
Hope you two are together soon!!!

I suppose her sponoring me under conjugal partners would be difficult? And would that be accepted if I were not divorced yet?
I suppose there is no easy quick answer. Would visiting regulary also give proof of our relatonship?

So many questions running in my head, I'm sure you have had the same.

Regards
Colin

 

[rathika]

Conjugal partner
This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

•you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
◦an immigration barrier
◦your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
◦your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)
•you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).
You should not apply as a conjugal partner if:

•You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
•You cannot provide evidence there was a reason that kept you from living together.
•You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.


hope this help........

 

[UKZippy]

Thank you,
Seems best way is to marry and apply while I'm still in the UK?

Is there any way that common-law partnership can be prooved if not living together? As an example, If I support her and her children financially etc and also visit and stay for some weeks at a time?

Probably grasping at straws here, but it's early days I suppose!

Regards
Colin

 

[rathika]

order for u to sponsor as coom-law u or she must live together for one whole year.....trust me this is my second time sponsoring..from my experince i would tell u get divorced first then get married and then apply...cause if u make a mistake no turning back......good luck

 

[patiently_waiting]

whoa whoa whoa! Hold up! Yes being divorced will 100% make things more clear to immigration that you are in a genuine relationship however if you are not ready to marry your partner, don't do it for the wrong reasons as immigration does refuse people even when married if they feel that the relationship is not genuine. I would actually say that applying for conjugal may be more in your favour as waiting for a divorce and her being a mother (can't just drop 'em to live in another country) is clearly a way to show that this is keeping you from living together for a year as common law based on the circumstances you have provided. It is a tricky situation as both have their negatives and positives. If you have proof that you have been in a conjugal relationship for a year, phone bills, letters, cards, proof of trips to visit each other etc (the same proof you need for common law or marriage) you have a stronger case than getting married, not living in the same country and a speedy wedding.

I am not negating the other post's comments however there is a reason they have that category and people are successful utilizing it. How long have you been in a conjugal relationship? Did you meet her in Canada and can you show the evidence listed above? Want to wish you all the best on this journey, it can be long and frustrating but worth it in the end! Take the time to read the posts through the conjugal relationship threads and you can use other people's experiences to gain insight as to being successful. (read the refused ones too).

 

[rjessome]

Hi all, new to here hence my first step questions. Apologies if you've answerd these before, so many threads to read as a newbie :'(

Ok I'm separated and live in the UK. The woman I'm in a serious relationship with lives in Canada and is Canadian. She is also separated.
Our plans are for me to move to Canada, she has two young children and would be difficult for her to move to the UK. So what are the first steps we need to take to enable me to move to Canada?

I canont obviously go to Canada on a visa and live with her for a year (common-law relationship) as I dont think you can get a years visitors visa. So where to we start.
Secondly, do I need to be divorced to be sponsored by her?

Many thanks in anticipation, so greatful there are forums like this!

Regards
Colin.

Would you qualify for any of the economic stream programs? Take a look at the federal skilled worker category.

http://www.cic.gc.ca/english/immigrate/skilled/index.asp

 

[UKZippy]

whoa whoa whoa! Hold up! Yes being divorced will 100% make things more clear to immigration that you are in a genuine relationship however if you are not ready to marry your partner, don't do it for the wrong reasons as immigration does refuse people even when married if they feel that the relationship is not genuine. I would actually say that applying for conjugal may be more in your favour as waiting for a divorce and her being a mother (can't just drop 'em to live in another country) is clearly a way to show that this is keeping you from living together for a year as common law based on the circumstances you have provided. It is a tricky situation as both have their negatives and positives. If you have proof that you have been in a conjugal relationship for a year, phone bills, letters, cards, proof of trips to visit each other etc (the same proof you need for common law or marriage) you have a stronger case than getting married, not living in the same country and a speedy wedding.

I am not negating the other post's comments however there is a reason they have that category and people are successful utilizing it. How long have you been in a conjugal relationship? Did you meet her in Canada and can you show the evidence listed above? Want to wish you all the best on this journey, it can be long and frustrating but worth it in the end! Take the time to read the posts through the conjugal relationship threads and you can use other people's experiences to gain insight as to being successful. (read the refused ones too).

SORRY for the full quote, but your comments are VERY helpful, thank you soo much. Yes it will be a long road but totaly worth it
Any help in negotiating this lifes trip is more than welcome thank you

 

[UKZippy]

Thank you rjessome for your helpful link!

 

[UKZippy]

Just another question about living together for one year. I can stay in Canada for 6 months on my UK passport. So If I stay for 2 six month periods with say a weeks break in between would this count as living as a couple for a year and count toward common law sponsorship?

Thanks in advance

Colin.,

 

[Siouxie]

Ok...

Not being divorced is not an impediment. Your sponsor can still sponsor you even if they are not divorced, providing you have both been separated from your spouses for a period of at least a year.

You would come to Canada as a visitor and then put in an application to extend your visitor status, it would cost you $75. As long as CIC receive it before your "current" visitor status expires then you would be on implied status until you received a yes or no on the extention. http://www.cic.gc.ca/english/information/applications/visitor.asp

(I extended mine many times, as long as you can show that you have sufficient funds to support yourself, ties to the UK and a valid reason for wishing to remain it's pretty automatic).

You may want to read the following: OP2 sections 5:25-38 found here: http://www.cic.gc.ca/english/resources/manuals/op/index.asp

5.38. What happens if the common-law partner (principal applicant) is married to another
person?

Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from the spouse for long enough to establish a common-law relationship – at least one year. In this case they must have cohabited in a conjugal relationship with the common-law partner for at least one year.

Cohabitation with a common-law partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue their marital relationships. Officers must be satisfied that a principal applicant is separated from and no longer cohabits with a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).


Your other option, if you are under 31, is to apply for an International Experience Canada Visa, but you would have to be quick as they are going fast! You have 1 year to activate the visa and this would give you a 1 year working holiday visa which you can then apply for a 2nd year towards the end. This would give you ample time to gain common-law status and would mean you can work too!

http://www.canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience/index.aspx to apply.

 

[UKZippy]

Hi Siouxi,

Thanks ever so for the info! Have to say it is the clearest I've had yet.
Just come back from Toronto and planning to go back in April. During that stay we will make plans, so its good to know I can extend my stay.

The references and concise info is very helpful, many thanks again!

Colin