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so confused! :( long story! |
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LisaTrinh 
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Joined: 20 May 2011 Location: England Status: Offline Points: 2 |
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 Topic: so confused! :( long story!Posted: 20 May 2011 at 10:06am |
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HELP!! im so confused i dont get half of the visa stuff :(
1st let me intro my family so you get our situations... me- 24 white female, English born and bred. My Partner- 31 chinese male, Canadian born and bred. my son- 5 white mix, english born and bred, no contact with biological father. my unborn- due oct, will be english born, canadian raised hopefully, ok so ill explain whats happened(ing) - ok ive been living with my partner for 2years now dating for 2.5yrs (quick i know lol) im currently pregnant due oct 2011 yay :D i have one son from a previous relationship who will also be joining us, anyway so we are applying for a spousal sponsourship visa as advised by our Globalvisa case worker. we are having a hard time "proving" our relationship purely because everything is in my name, he moved in with me and i just didnt see the point of changing my utility bills to joint names etc the house is in my name and my landlord knows he is living with me. we are being asked obviously to prove he has resided with me while he has been on a working visa in the uk. how can we do this?? ok so our case worker advised us etc so we got reference's from friends/family/co-workers (from me as my partner works from home/self employed) i got millions of pictures, old calendars with dates on it, loads of notes to each other, emails, passport stamps when we went on holiday, his stamps also have date he returned back to uk from his visit to his family..  he has a bank statement coming soon to prove 1year at our uk address.we have been told it might not be enough, i know this but still hope they will view it as proof that we are in a serious relationship (for gods sake im pregnant and engaged other than marriage i dont see how more serious it gets lol) anyway we've sent literally a Novel's worth of paperwork to our immigration advisor and now we have been asked to provide a tenancy agreement (can be purchased from UK book store WHSMITH) this is supposed to prove my partner is going back to canada and we will have somewhere to join him to! but the thing is it states its valid in the UK/Wales, how is that going to prove he is going back to canada by getting a UK tenancy agreement template?!?! when we hopefully move to canada the plan will be to move into his own baught house which is currently under his mothers name (he signed it over to her 5years ago as a mothers day present sweet right lol) his mum will be living with us as she is becoming frail and i think it would be good for all of us to have the company and the reasurance to keep an eye on her. we have explained this to the case worker and she still insists we need this tenancy agreement template. ok so thats the basics of our case (long i know) and guess what!! im soooo confused i dont know anything about this stuff despite doing so much forum searching, internet reaserching. i dont get what else we can do! please please people help me out either with your own stories good or bad, or with some possible advise..... Lisa x |
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RobsLuv
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Joined: 04 Dec 2009 Location: Canada Status: Offline Points: 745 |
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Posted: 20 May 2011 at 3:32pm |
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When you apply to immigrate as common-law partners, you have to demonstrate that you actually meet the qualification of a common-law partner which is to have cohabitated in a conjugal relationship for a period of at least one year. The second thing you have to demonstrate is that the relationship is a genuine one - that it was/is not entered into just to facilitate the entry of the foreign national to Canada.
So - for the genuine relationship piece - you provide evidences that you are in a "real" relationship - photos of you together on vacations/holidays, proof of communication (phone records, emails, chats, etc) between you when you are not together (like when one goes away on business), etc. This can be a bit complicated when you've been living together for all this time - but you probably have cards, letters, photos, receipts for gifts, etc., that - combined with the proof that you are actually cohabitating - will all go towards the "genuine" part. The common-law qualification piece is where you prove that you have been cohabitating for at least one continuous year. This is where a lease agreement with both names on it, or utility bills, etc., factor in. Refer to the OP2 Processing Manual concerning assessment of common-law partnerships in Sections 5.25-5.26, 5.34-5.35 and (to a lesser degree) 5.45-5.47. You should read through these, as well as any other, pertinent sections of the manual for info on how they assess these types of applications. |
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3/2007-applied
1/2008-Refused 12/2008-ADR failed 1/2010-Appeal allowed 4/2010-In Process(Again) 5/2010-request FBI/meds 8/2010-FBI recd 11/30/10-APPROVED! 1/31/11-LANDED! |
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dpenabill
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Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Posted: 20 May 2011 at 4:22pm |
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The trouble, though, is
1) the relationship also has to be ongoing, a continuing committed relationship -- so there must be evidence of this, including an intent to go on cohabitating as a couple essentially married-in-fact (as in a couple who live together much as a married couple do). 2) to be eligible to sponsor his partner, the Canadian citizen living abroad must convincingly show evidence of an intent to actually return to live in Canada. These are not necessarily contradictory, but of course evidence of one may be inconsistent with evidence of the other, and could thus be a problem. I wonder why you are using a consultant rather than doing the application yourselves (it is not so complicated or difficult; the vast majority of family sponsored applicants, and at least so for those who are fluent in English or French, do it themselves) and whether your consultant is authorized. You may need to re-evaluate how you approach this. Edited by dpenabill - 20 May 2011 at 4:22pm |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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newsom
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Joined: 17 Apr 2010 Location: Canada Status: Offline Points: 89 |
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Posted: 20 May 2011 at 6:21pm |
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I have to agree with dpenabill. My partner and I did the application ourselves, mostly because I didn't trust that anyone else would do as good and thorough a job as me ;-).
We used joint bank account statements, proof of travel together, joint lease agreements, pictures of us together, a Stat Dec and several letters of reference from family and friends. Anything you can get your hands on that you think will help your case, probably will.
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Application Rec'd - May 3, 2010
Started Processing - July 14, 2010 "Decision Made" - February 11, 2011 OWP - February 15, 2011 "Decision Made" - March 28, 2011 Landed! - May 6, 2011 |
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LisaTrinh
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Joined: 20 May 2011 Location: England Status: Offline Points: 2 |
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Posted: 21 May 2011 at 7:42am |
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we got an immigration advisor because nor me or my partner have a clue about immigration so rather than going into this blind by ourselves we hired a case worker/advisor to assist generally help us out especially since we barely have any "proof" other than photos/letters to each other/family and friend letters etc
As i said when my partner moved in with us everything was already set up in my name ie house/utilitys/bank etc and because he has a 2year UK visa we didnt think that it would be needed to have things changed into his name or even open a bank account when he can just use mine, we rarely are apart anyway so we dont need a bank card each.. (and obviously we wasnt thinking about proof of our relationship because we didnt know about it we are naively clueless about immigration/visa's, and we where just enjoying our relationship and not thinking about proving we love each other.. i know its our bad, thus we are confused now as to "prove" our legitimate relationship without these things. again we are not married because we want obviously our dream wedding (and thats going to cost more than we have saved for it atm) and im not going to marry purely for visa purposes! and i trust this visa/immigration advisor as we have exp with her. we used the company and the same lady luckily before for my partners visa when he first tried to come to uk for longer than his expired visa, we applied on our own 1st and was refused twice we then went to globalvisa and they got us the visa straight away (plus its a no visa no charge service that a friend of mine used to work for so we are not really loosing anything financially if unsuccessful at the minute and its worth the extra informationa nd advice she is providing us as she has suggested alot of stuff we wouldnt even have thought of or read about via forums etc) and they are not actually handling our visa they just check the information and advise us on what step to take next to help the process. especially since my partners visa is expiring in 2012 january and by that time our baby will be born i dont want to be sat around separated for two years waiting for visa answers all because we missed a sheet of paper from the form! thus we are using an advisor! I really appreciate the reply so far unfortunately we know all the info required our problem is proving our relationship without such evidence :( |
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RobsLuv
Senior Member
Joined: 04 Dec 2009 Location: Canada Status: Offline Points: 745 |
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Posted: 21 May 2011 at 2:43pm |
It's your choice whether to use an advisor or not - all dpenabill was saying is that it's an expense that a lot of us have chosen not to take on, feeling that we were capable of filling out the paperwork and gathering the evidences ourselves. The important thing for you to remember is that having a consultant or advisor help you with your application will not guarantee that it will be approved, and a consultant/advisor cannot manufacture evidences of your qualification if you don't have them. So please don't feel like having an advisor help you is going to overcome an issue as big as not being able to prove your common-law qualification. The bottom line is that if you don't have the evidence, you dont have the evidence - and your c/l application would be refused. I understand the reasoning behind not wanting to get married purely for visa purposes - but you're looking at it from the wrong perspective. If you are, in fact, in a "genuine relationship", you would not be marrying just for visa purposes. You have to be very careful about using that type of verbage when you're dealing with immigration matters because what that means to them is that you are marrying only to get you into Canada. If you are in a situation where your Canadian partner wants/needs to move back to Canada and - because of your genuine relationship - you (obviously) want to move with him - but if you cannot prove your common-law qualification, you can't immigrate as a common-law partner. The way I see it (and this is just my personal opinion - no judgments) . . . having seen how CIC assesses common-law aps over the past 4+ years - if you don't have the evidence you need to support your qualification as common-law partners (no matter how good your reasons might be), you have three choices. Either wait to apply until after you can submit evidences that support at least one year of continuous co-habitation, get legally married (you can always have your formal wedding later, once you've saved up the money - nobody even has to know that you went and made it official beforehand) and apply as spouses, or apply under one of the other classes like Business Entrepreneur or Skilled Worker and immigrate based on your own qualifications, rather than based on the relationship. Otherwise, you're wasting $550 in non-refundable application fees (plus your medical exam and police check fees) and a lot of time by applying when you can't be approved. Edited by RobsLuv - 21 May 2011 at 2:47pm |
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3/2007-applied
1/2008-Refused 12/2008-ADR failed 1/2010-Appeal allowed 4/2010-In Process(Again) 5/2010-request FBI/meds 8/2010-FBI recd 11/30/10-APPROVED! 1/31/11-LANDED! |
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LisaTrinh wrote: