Spouse / Common law partners eligibility for FSW applications

[joelmath]

Hello forumites,

I wish to apply for Canadian PR with my common law partner under express entry (I am eligible under FSW program). I am not very clear about certain things within this process. Your advice in this regard would be of immense help.

1) If I am eligible under the current FSW program is it required for my common law partner to be eligible for FSW program (or any other PR program) as well (excluding the language and education requirements).

2) Is the application treated as 1 application for both? Or do we both have to submit applications separately and these will be processed separately ?

3) Do we both have to create separate Express Entry profiles?

4) I was going through the application package for the same and found conflicting information in the form titled "Generic Application Form for Canada [IMM 0008]". Specifically, common law category is under program "Family", whereas in my situation I am applying for FSW (Economic program) and intend to take my common law partner with me. How should I fill up the form for this situation? Is there any additional form/document to fill up/provide apart from Statutory Declaration of Common-law Union [IMM 5409]?

Thanks in advance..!

 

[boske83]

Hello forumites,

I wish to apply for Canadian PR with my common law partner under express entry (I am eligible under FSW program). I am not very clear about certain things within this process. Your advice in this regard would be of immense help.

1) If I am eligible under the current FSW program is it required for my common law partner to be eligible for FSW program (or any other PR program) as well (excluding the language and education requirements).

2) Is the application treated as 1 application for both? Or do we both have to submit applications separately and these will be processed separately ?

3) Do we both have to create separate Express Entry profiles?

4) I was going through the application package for the same and found conflicting information in the form titled "Generic Application Form for Canada [IMM 0008]". Specifically, common law category is under program "Family", whereas in my situation I am applying for FSW (Economic program) and intend to take my common law partner with me. How should I fill up the form for this situation? Is there any additional form/document to fill up/provide apart from Statutory Declaration of Common-law Union [IMM 5409]?

Thanks in advance..!

Hi,

I will try to provide you with responses as per my understanding of your questions.

1) Eligibility for FSW program is important only for principal applicant - either you, or your spouse, depending who is carrier of the application. However, you both need to meet admissibility requirements - you will need police check and medical exam for both. Medical exams also include children which are included in application.

2) When creating application, you will need to decide if it is only for principal applicant, or for entire family. You need to enter spouse and dependent children information inside the application, and in that way application is valid for all persons included.

3) It depends on what is your goal. Per my understanding of your question, answer is NO - principal applicant will note during EE profile creation that spouse is included, and then CRS points will be awarded in "with spouse" manner. You can win additional CRS points for spouse's education, language level and canadian work experience.

4) Check the CIC website for additional form that need to be filled by spouse.

Hope this helps,
Cheers

 

[joelmath]

Thank you Boske83 for your fantastic replies.. Don't know how to give a +1.. any other readers who can give @Boske83 a +1 on my behalf??

@boske83 I have a couple of follow up questions around this..

1) Now that its clear that only the principle applicant needs to meet the FSW eligible criteria and the partner needs to meet only admissibility requirements, then in that case is there a difference in the visa benefits/restrictions/conditions between me and my common law partner?? I mean one of us gets PR visa without being directly eligible under any of the PR programs. So are there any restrictions/conditions attached to the common law partners visa.

2) How is this process of taking ur spouse/common law partner with u different from "Sponsorship" under family class ?? I have been trying to find help pages/guides for this situation and the most common results that I find are for "Sponsorship" under family class whereas I am applying for FSW under economic class and taking my common law partner with me.. There are several restrictions in place for sponsors/dependents that are not very clear for partners of FSW applicants..

Please help..

Your advice in this regard would be of immense help.

 

[nickarter84]

Thank you Boske83 for your fantastic replies.. Don't know how to give a +1.. any other readers who can give @ Boske83 a +1 on my behalf??

@ boske83 I have a couple of follow up questions around this..

1) Now that its clear that only the principle applicant needs to meet the FSW eligible criteria and the partner needs to meet only admissibility requirements, then in that case is there a difference in the visa benefits/restrictions/conditions between me and my common law partner?? I mean one of us gets PR visa without being directly eligible under any of the PR programs. So are there any restrictions/conditions attached to the common law partners visa.

2) How is this process of taking ur spouse/common law partner with u different from "Sponsorship" under family class ?? I have been trying to find help pages/guides for this situation and the most common results that I find are for "Sponsorship" under family class whereas I am applying for FSW under economic class and taking my common law partner with me.. There are several restrictions in place for sponsors/dependents that are not very clear for partners of FSW applicants..

Please help..

Your advice in this regard would be of immense help.

I have given +1 to him on your behalf,

You have to click on the GOOD under the nick name of the person to award +1.

Thank You!

 

[boske83]

Thank you Boske83 for your fantastic replies.. Don't know how to give a +1.. any other readers who can give @ Boske83 a +1 on my behalf??

@ boske83 I have a couple of follow up questions around this..

1) Now that its clear that only the principle applicant needs to meet the FSW eligible criteria and the partner needs to meet only admissibility requirements, then in that case is there a difference in the visa benefits/restrictions/conditions between me and my common law partner?? I mean one of us gets PR visa without being directly eligible under any of the PR programs. So are there any restrictions/conditions attached to the common law partners visa.

2) How is this process of taking ur spouse/common law partner with u different from "Sponsorship" under family class ?? I have been trying to find help pages/guides for this situation and the most common results that I find are for "Sponsorship" under family class whereas I am applying for FSW under economic class and taking my common law partner with me.. There are several restrictions in place for sponsors/dependents that are not very clear for partners of FSW applicants..

Please help..

Your advice in this regard would be of immense help.

You are welcome, i am trying to help as much as I can.
Again, i will answer both of your questions.

1) When you apply with spouse or common law partner in FSW program, there is no difference in visas you receive - you both receive PR. In addition, quota for planned PRs is substracted by 2 instead of 1. e.g. if there were 50k PRs planned for 2015, if you pass the FSW and you have applied with your spouse, remaining places are 49998.

2) It is different. Sponsorship program is used when person who is already Canadian citizen or PR wants to bring in the spouse or partner who does not have visa. In that case, the canadian resident needs to submit all proofs about his intentions in order to bring family member in.
Here, in EE which covers FSW, FST, CEC and PNP - the output of the procedure for both applicant and spouse is PR. Both of them are not canadian permanent residents or citizens, so procedure is different (and stricter).

Don't be confused by people who are already in Canada on temporary work permit or post graduate program - they still need to pass EE and one of the 4 covered programs in order to obtain PR, and then they are eligible to use Sponsorship program for family members.

Hope this helps.

 

[csr12]

Hi guys, please suggest.
I am married and have a kid.I wanted to apply PR only for me.once I settle there I would like to take my family.so when I m applying PR do they calculate my points based on marital status or as a single applicant. Can any one help on this. Thank you

 

[scylla]

Hi guys, please suggest.
I am married and have a kid.I wanted to apply PR only for me.once I settle there I would like to take my family.so when I m applying PR do they calculate my points based on marital status or as a single applicant. Can any one help on this. Thank you

You must include your spouse and child in your application even if you don't plan on taking them with you to Canada immediately. You will be evaluated as a married applicant.

 

[csr12]

Thank u