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Student sponsoring spouse
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mocool View Drop Down
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Joined: 10 Apr 2012
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    Posted: 10 Apr 2012 at 12:39am
Hi Everyone,

I am just about to start the process of sponsoring my wife to Canada and I have a couple of questions.

1) Since our marriage 5 years ago we have been living abroad as i am a Student. What should I write on the sponsorship form by the question, do you reside in canada and in no other country, as a student am I considered an exclusive resident of Canada since I only have a student Visa in the country where I am studying?

2)In section C of the sponsorship form it asks for the name of the accompanying spouse and dependent children, should I fill my name and our children's name since are are technically accompanying them or should I leave them out since we are Canadian citizens. 

Thank you all, by researching this forum and with your help I hope to save the $5000 that my lawyer charges for his services.
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dimex1986 View Drop Down
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Points: 48 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dimex1986 Quote  Post ReplyReply Direct Link To This Post Posted: 13 Apr 2012 at 6:13pm
HI i have a fews question to ask u pls, am a student in canada and am on study visa, i live in common law partner in canada, my wife is trying to get my permanent residence here in canada, but her divorce is yet to be finalized, can i till submitt my document why waiting for her divorce to be finalized, i live with her here in canada for more than one year, we shared things together,am i eligible to apply under common law partner?Also been on study visa did i qualify for it, because she is ready.hope to hear from you
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RobsLuv View Drop Down
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Points: 745 		Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 15 Apr 2012 at 12:17pm
Originally posted by dimex1986 dimex1986 wrote:

HI i have a fews question to ask u pls, am a student in canada and am on study visa, i live in common law partner in canada, my wife is trying to get my permanent residence here in canada, but her divorce is yet to be finalized, can i till submitt my document why waiting for her divorce to be finalized, i live with her here in canada for more than one year, we shared things together,am i eligible to apply under common law partner?Also been on study visa did i qualify for it, because she is ready.hope to hear from you
The processing manuals do not address the common-law qualification of a couple where the sponsor is still married to someone else (as in your case) - although it does say that an applicant that is married to someone else qualifies as a common-law partner if they can prove that they have cohabitated with their sponsor for a period of at least one year and they have lived "separate and apart" from the previous spouse/partner for at least a year.  So, technically, it would seem the condition of qualifying should be the same for either sponsor or applicant, but it's a bit dicey when the Act doesn't specify.  I would think, at least, that your partner should submit some documentation with the application proving the severance of the previous relationship more than a year before submitting. 

Not sure what you mean by your question about qualifying for study visa??? 
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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RobsLuv View Drop Down
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Points: 745 		Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 15 Apr 2012 at 12:20pm
Originally posted by mocool mocool wrote:

Hi Everyone,

I am just about to start the process of sponsoring my wife to Canada and I have a couple of questions.

1) Since our marriage 5 years ago we have been living abroad as i am a Student. What should I write on the sponsorship form by the question, do you reside in canada and in no other country, as a student am I considered an exclusive resident of Canada since I only have a student Visa in the country where I am studying?

2)In section C of the sponsorship form it asks for the name of the accompanying spouse and dependent children, should I fill my name and our children's name since are are technically accompanying them or should I leave them out since we are Canadian citizens. 

Thank you all, by researching this forum and with your help I hope to save the $5000 that my lawyer charges for his services.
In Section C you only fill in the name of the person applying to be sponsored - not the spouse (who is the sponsor, and Canadian) or any Canadian dependents.  The sponsor/spouse and Canadian children are included on Form IMM5406 (Additional Family Information). 

Because you have been living abroad for the past 5 years, you are not considered to be an exclusive resident of Canada - even though you only have temporary status as a student in the other country.  Be sure you include information with your application supporting your intention to return to Canada.  You could include copies of your temporary status documents showing that you are only authorized to live abroad for a certain amount of time, and you could also submit declarations of support from family in Canada attesting to the fact that you are expected to return when your studies are completed.


Edited by RobsLuv - 15 Apr 2012 at 12:22pm
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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mocool View Drop Down
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Thanks RobsLuv!
I have a letter that I have a job starting next September is that good enough proof that I am returning to Canada?
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