Spousal sponsorship

[jiggyzealous]

@Mlneron
The policy regulation say you must be loving 12 months continuously.

 

[sponsor2013]

Hi I need little help. I just came back to Canada after getting married. I left my job before went back home. Now I am planning to sponsor my spouse. I am unemployed right now and looking for jobs. But I do not want to waste any time while I am looking for jobs I will file for sponsorship as well. How should I explain this to CPC. I will get a job soon I know.
Is this is a right decision to apply without a job or should wait to get a job and then apply.

Thanks

 

[CanadianJeepGuy]

@ Mlneron
The policy regulation say you must be loving 12 months continuously.

Thats a lot of Viagra.....

 

[cempjwi]

We have been living together for 9 month.

We were apart for 4 months but kept in touched regularly. We have proves of phone calls, email, skype discussions, ...

We have a lease together in Canada.

My boyfriend is on a visitor visa, can we apply a conjugal partner ?

Or, are we better to wait until our 12months of our consecutive living together is completed.

Thanks,

Marie-Lou

You need to apply either as common-law or conjugal, but not both. Conjugal requires the non-canadian to live outside Canada and not be able to cohabitate with you for specific reasons. Common-law requires a 12-month consecutive cohabitation immediately before lodging the application, this means, 12 months consecutively (no long breaks) living together.

 

[parker24]

Thats a lot of Viagra.....

 

[CanadianJeepGuy]

Thank you all very much you've been a great crowd. I'll be here all week.....don't forget to try the veal...

 

[Rob_TO]

Common-law requires a 12-month consecutive cohabitation immediately before lodging the application, this means, 12 months consecutively (no long breaks) living together.

Not quite. As soon as you reach 12-months continuous cohabitation, you are legally common-law. You can then live apart for certain reasons (like school, family, work etc), yet you would still be considered common-law since you had previously met the 12-months continuous criteria. Same as a married couple living apart for a while. So in other words you don't need to apply immediately after getting to 12-months. You could reach your common-law, then live apart for a while, and still be able to submit a common-law app later. Just need to prove the relationship was still continuing during the time not living together. And of course the longer the living apart continues, the harder it gets to prove.

The poster here will not qualify for conjugal, so common-law (or marriage) is their only option. They should be collecting all proofs now, and be ready to submit the application as soon as they hit the 12-months continuous cohabitation.

 

[cempjwi]

Not quite. As soon as you reach 12-months continuous cohabitation, you are legally common-law. You can then live apart for certain reasons (like school, family, work etc), yet you would still be considered common-law since you had previously met the 12-months continuous criteria. Same as a married couple living apart for a while. So in other words you don't need to apply immediately after getting to 12-months. You could reach your common-law, then live apart for a while, and still be able to submit a common-law app later. Just need to prove the relationship was still continuing during the time not living together. And of course the longer the living apart continues, the harder it gets to prove.

The poster here will not qualify for conjugal, so common-law (or marriage) is their only option. They should be collecting all proofs now, and be ready to submit the application as soon as they hit the 12-months continuous cohabitation.

Common-law relatioships are statutory and as such they are subject to verification at any time by CIC.

If you are in a common law relationship
You can sponsor the person as your common law partner
• regardless of his or her sex, and
• you are cohabiting in a conjugal relationship and have done so for at least one year.

Note it says YOU ARE COHABITATING, not YOU HAVE COHABITATED. While technically that does not imply that they have to continue living together, just like for any other married couple that has not been married for long they may be required to prove that they are still living together as misrepresentation could be an issue. We were indeed requested for documents to prove that (while legally married) we were living together after the application was received by CIC by showing evidence of joint purchases and mail in both our names. So...

Yes, CIC has a provision for separation (once common-law is established, of course) that allows for that situation in certain circumstances, giving as examples civil war or armed conflict, which is far from just school, family, work, etc. I am not sure what they would think about immigration issues and if CIC considers that reasons beyond their control (as shown below regarding Common-law relationships). I am NOT trying to discourage anyone and I feel for someone that has to go through this because it is NOT fair. However, I am just pointing out the fact that a separation pardon is not so easily given by CIC. Waiting 8 to 10 months from now to find out that separation has caused a denial could be a terrible blow.

Rob_TO, I noticed you obtained PR for your spouse under common-law, did you guys separate for a long time during the process? Of course, you have the experience with common-law.

A common-law partner
Refers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.
Common-law partners must attach any documents that show they are in a committed and genuine relationship, for example, evidence that they share the same home, that they support each other financially and emotionally, that they have had children together, or that they present themselves in public as a couple.
Common-law partners who are unable to live together or appear in public together because of legal restrictions in their home country may still qualify and should be included on the application.
<b>Common-law partners who meet the conditions outlined above but who have been separated for reasons beyond their control (for example, civil war or armed conflict) may qualify and should be included on the application.</b>

 

[Rob_TO]

Note it says YOU ARE COHABITATING, not YOU HAVE COHABITATED. While technically that does not imply that they have to continue living together, just like for any other married couple that has not been married for long they may be required to prove that they are still living together as misrepresentation could be an issue.

No, this is not correct. This is the whole point of applying outland as common-law, when one of the definitions of outland is that the sponsor is in Canada while the applicant is in another country. Obviously in this case, they can not be cohabiting together during the application.

Not sure where your quotes are coming from, but here is how CIC defines common-law for PR application purposes: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?

According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists


It is quite self-explanatory, and specifically states reasons that 2 people can be living apart during the application process, as long as they have previously cohabited for 12-months continuous.

In our case we did not fall under this (we have always been living together), but i know of other common-law couples who were living apart while applying and were approved no problems.

 

[jcorb58]

Im abit confussed. My application to sponcor was recieved Dec 10/12. Using the client ID number and the cic website it said a decision about my sponcorship was made and i would receive the decision in the mail. I had mistakenly overpaid by $60 and received a cheque from immigration on Jan 14/13. I have not received any letter saying my application to sponcer was approved. For my wifes PR application it still just says recieved Dec 10/12. If the decision they said was made Jan 3 /13 on my application to sponsor and the decision was positive shouldnt our file be sent to Manila by now? I have tried to phone the hot line and every time it says the volume is too high and to try again. The website now says they are working on applications received in Feb/ 13. I know they have my right address as i got a cheque for the overpaid amount but im concerned i havent received their decision.

 

[cempjwi]

No, this is not correct. This is the whole point of applying outland as common-law, when one of the definitions of outland is that the sponsor is in Canada while the applicant is in another country. Obviously in this case, they can not be cohabiting together during the application.

Not sure where your quotes are coming from, but here is how CIC defines common-law for PR application purposes: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?

According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists


It is quite self-explanatory, and specifically states reasons that 2 people can be living apart during the application process, as long as they have previously cohabited for 12-months continuous.

In our case we did not fall under this (we have always been living together), but i know of other common-law couples who were living apart while applying and were approved no problems.

You continue to say that 2 people can be living apart during the application process, as long as they have previously cohabited for 12-months continuous; however, that is only true if both there is a reason valid enough for CIC so such separation does not legally break the cohabitation and they can provide evidence that the relationship still exists. If a separation due to the expiration of the right to remain in Canada is a reason good enough for CIC (I am assuming that would be the reason for Mlneron's partner to leave), then they are all set.

 

[spetroun]

I currently reside in Canada and am sponsoring my wife and dependent child from Colombia who are in Medellin. I am following the specific country checklist and I will require a background criminal check for my wife as per the checklist. The instructions states that she needs a file number before proceeding with a criminal background check. Is the file number given to me after the sponsorship approval in Canada or will she be requested to go to the Canadian Embassy in Bogota? I have also came across this website which is some sort of processing centre in Bogota that forwards the documents to the Embassy in Bogota. Has anybody had any experience with the VAC centre in Bogota and is it a mandatory procedure for sponsoring my family to Canada? Thanks

 

[Steph C]

Thank you all very much you've been a great crowd. I'll be here all week.....don't forget to try the veal...

Are you in show business.. get your foot off the stage!

 

[Rob_TO]

however, that is only true if both there is a reason valid enough for CIC so such separation does not legally break the cohabitation and they can provide evidence that the relationship still exists.

Yes. But there are many acceptable reasons as i mentioned, such as school, employment, family issues, visa issues etc etc. You seemed to indicate the only acceptable reason is some major one like armed conflict. All I am saying is that there are many reasons for people not to be living together during the application process for common-law or marriage, and it happens all the time.

 

[sanda]

Hi all, I have a small question in filling forms about 'The period of cohabitation'.
How can I fill the date of 'To' if I'm currently in cohabitation with my sponsor?
(Same trouble happened on 'To' date of 'Duration of current country of residence' in OWP application. I want to say 'present')

Should I fill in the prospective date that I submit application?
Or Should I leave blank?
Or Should I write 'Present' in hand writing? (I know it's not professional looking but the most accurate)

I'd appreciate any advise. Thanks!