Common-law sponsorship questions

Canada Immigration Forum (discussion group)


 
       
Subject: Common-law sponsorship questions
  Hi to All,
I would like to ask for advice/input/suggestions please.
My Canadian boyfriend has been an expat for three years, living and working in Hungary (at a Canadian-Hungarian company). I worked for the same company and our relationship started at the end of 2005. I am Hungarian. His work as an expat ends at the end of May 2008. This was a little bit unexpected for us, we were hoping for an extra year here in Hungary. We just found out about this recently and just started working on the whole visa process. The fact is that we have been living together since May 2007 but I have not officially moved in to his place until December 2007 - that is the date my Hungarian address card says. We have joint bank accounts and letters/postcards/emails to the both of us, tons of pictures and trip documents with both of our names on it...as well as people (common friends, his family and my family) who are ready to prove that our relationship is genuine and continuing?we also visited Canada together in 2006...and we are ready to sign the Common-law declaration as well. We did not have any fancy Common-Law celebration though ? they ask about this in the ?relationship? form... Is this enough for me to classify as a common-law partner?

We are planning to hand in the application as a Family class / Common-law for permanent residency visa at the end of February. Everything is ready and I am having my medical checks next week. If we understand right, we need to send the whole application package to the Mississauga office and once the sponsorship is approved, the papers are sent on to Vienna (the nearest Canadian Embassy that deals with immigration)?..I was reading about 4-10 months processing times here in the forum - - - any possibility/scenario that would save us from being apart for long months, as he is returning to Canada at the end of May? We talked about marriage too and but the category is common-law / spouse anyways and neither of us wants to put deadlines on our relationship - a marriage should be a once in a lifetime thing and not something you do for a visa....
This post became a bit long but thank you for all your replies?..
Pineapple

[15-02-2008,09:57]
[***.56.150.248]
Pineapple
(in reply to: Common-law sponsorship questions)
You may have difficulty proving your common law status due to local knowledge of Canadian Visa officers regarding Hungarian Law.

Try marriage it might be more presentable to the Visa Officer because any common law application will be questioned as to length of relationship very closely.

Roy
www.cvimmigration.com

[15-02-2008,10:27]
[**.52.218.68]
Roy
in reply to: Common-law sponsorship questions) (in reply to: Common-law sponsorship questions)
hello Roy, thank you for your quick reply.
"You may have difficulty proving your common law status due to local knowledge of Canadian Visa officers regarding Hungarian Law."
This is a bit unclear for me. Are they stricter for Hungarians or there is something about Hungarian laws that the officers do not like? - - - We love each other and would like to live together but is marriage really the only way to get where we want to be? Is it not ´funny´ that we get married a week before we hand in our visa papers?

What happens if I am refused as a common-law? Can we marry and re-apply?

Thank you for your reply again-

[15-02-2008,10:37]
[***.56.150.248]
Pineapple
(in reply to: Common-law sponsorship questions)
sorry... what I wrote does not really make sense... so the question is. Are the officers looking at the lenght of the common-law relationship (joint bank accounts, same residency) or are they looking at the length of the relationship?
We did not think about immigration until very recently and we did not want any deadlines on our relationship anyways - so officially the common-law relationship just started, that is a fact. The relationship itself has been continuous since end of 2005 and is continiung and is geniune - and lots of people can prove that, Hungarians and Canadians.
Also we are planning to move to a small community area in Ontario, I have 16 years of education and 3 yers of work experience - - - would they take all this into consideration?
Thanks for the reply - I feel so lost and this forum is great....please help :)
Pineapple

[15-02-2008,11:00]
[***.56.150.248]
Pineapple
(in reply to: Common-law sponsorship questions)
by Canadian CIC rules you must be living together for 1 year to qualify as common law - that is why Roy suggested getting married.

where you settle etc really does not matter.

for your Canadian partner to sponsor you from outside the country, he must be a citizen.

don´t even try the conjugal route. there has been nothing to prevent you from living together or getting married so CIC will just send everything back and you will have wasted your money.

you would not be the first couple that gets married and applies the next day.

[15-02-2008,13:53]
[**.155.160.37]
Sharon
(in reply to: Common-law sponsorship questions)
Dear Roy and Sharon, thank you for your replies... it is nice to talk to someone about the questions I have.
Pineapple

[15-02-2008,14:32]
[**.98.81.233]
Pineapple
(in reply to: Common-law sponsorship questions)
Pineapple

Clearly you need to understand the process a little more clearer. See this form http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF

Has your partner paid Canadian Income Tax and declared his marital change to Common Law. A common Law application is suspected by some CIC Visa Post staff of a way of beating the system because the applicant really has a totally different lover/partner.

It is by far easier for the two of you who you claim are committed already to just tie the knot and get married. Then on his questionnaire he can explain how long he has known you, the trips the two of you have been on and how the relationship has grown and will continue in Canada.

Best of Luck.

Roy
www.cvimmigration.com

[15-02-2008,14:57]
[**.158.52.214]
Roy
question about common in law (in reply to: Common-law sponsorship questions)
anyone know if ....

My situation, i met a girl here in Vancouver. She was here on a 1 year work visa. We moved in about half way through her stay ...meaning we lived together for about 6 months. She has left back to her country, Japan and we are still together.

My question is, I know she can come back here to vancouver as a visitor for 6 months,

Is it possible to accumulate 6 months, be apart geographically for a duration of time, then accumulate the last 6 months to be approved for common law status???


[27-05-2008,16:54]
[**.114.27.59]
jeff
(in reply to: Common-law sponsorship questions)
Jeff to apply for a common-law, you must have lived together for atleast one year, continuesly. If you can prove that neither one of you have are legaly able to stay up to a year in each country than you should try for a Conjugal sponsorship visa. But if you are able to live in Japan for one year than Conjugal will not work.
[16-10-2008,10:57]
[**.241.12.101]
Jo
common-law sponsorhip questions (in reply to: Common-law sponsorship questions)
Dear Jeff,
I hear your concern looking for the right answer and the right path for you to be able to continue your international relationship with your japanese girlfriend.

The best way to get the right information about sponsering your common-law partner would be to visit the website;

http://cic.gc.ca/english/immigrate/sponsor/spouse.asp

or call the Call Centre at 1-888-242-2100. If you ask them for a guide book or application forms, they will send you for free.

Here are the basic informations that I know about the common-law shponsorship.

1. Both you and your common-law partner have to live in Canada for at least one year. (this means your 6months being apart doesn´t count. However, if she comes back and continue to live with you, you can go on sponsoring her after a year.)

2. You need to prove of your common-law relationship(e.g., evidence of joint bank, trust, jointly signed residential lease, or statutory declations of individuals with personal knowledge that your relationship is genuine and continuing)

3. You also need photographs that you two took together. If you have traveled together, save all the documents and photos.

4. The processing fees is $75 for the sponser, and $475 for the principal applicant(your common-law partner). Before your common-law partner´s application for permanent resident status can be finalized, you will receive a request to pay the Right of permanent residence fee which is $490.

Good luck and be persistent if it´s really that you want!




[02-02-2009,14:06]
[**.238.209.14]
M.J
i like open company (in reply to: Common-law sponsorship questions)
dear
i am bio medical engineer i like buy ur business/open new company in Hungary. but i am pakistani but working in vietnam how can i looking your business and pay u?

Thanks

azam mushtaq

[01-03-2009,06:43]
[**.186.43.247]
azam