Common Law or Conjugal Sponsorship?

[Dee Cee 25]

Actually the CIC officer who gave us the interview (inland sponsorship) said it didn't matter, but what do I know.....

Yeah I guess it always depends on how knowledgeable the CIC officer would be in terms of CIC & CRA definition of common law. Ok so I spoke to two accountants today... for TAX PURPOSES Accountant A said, I can file for common law marital status if me and my partner both have a CANADIAN billing address under our names. If I don't have this, then it's not considered common law for tax purposes.

Accountant B said, even if we cohabit overseas and I came back to Canada I should have declared my status as common law for tax purposes. Accountant B also said that they would not require additional documentations if I change my status. I just have to fill out Form RC-65 and leave SIN blank, put her overseas address, and put her as non-resident explaining why we live in a different address.

Unfortunately I can't get a hold of a CIC agent. But then again, how good does a CIC call center agent would do right? I guess I may also consider hiring an immigration lawyer to proof read the application forms I have filled out myself.

 

[Dee Cee 25]

I had hard time thinking about common law too when I wanted to file sponsorship but its hard coz needs lots of evidence so me and my wife decided to get married in 3rd party that legalized same sex marriage.

In your case, it was inland application right? She is NOT here in Canada with me. The thing about same sex marriage/common law union is not all country would recognize it. We were planning to get married in the US but her visa got refused. Of course we thought about getting married here in Canada and we looked at her online eligibility assessment from CIC website for a Canadian Tourist visa and it would require her to submit the declaration of common law (IMM 5409) if she were to declare her common law status in the Canadian Visitor Visa application form.

US Visitor Visa does not have the "Common Law" status so she applied as single.

Again, She cannot go to the notary public or commissioner of oats in ASIA and declare "us" as common law since asian coutries does not recognize same sex unions. From my understanding if I was the one to file for sponsorship, I do not need to fill out this IMM 5409 because she is not my co-signer.

 

[ALMALL]

In your case, it was inland application right? She is NOT here in Canada with me. The thing about same sex marriage/common law union is not all country would recognize it. We were planning to get married in the US but her visa got refused. Of course we thought about getting married here in Canada and we looked at her online eligibility assessment from CIC website for a Canadian Tourist visa and it would require her to submit the declaration of common law (IMM 5409) if she were to declare her common law status in the Canadian Visitor Visa application form.

US Visitor Visa does not have the "Common Law" status so she applied as single.

Again, She cannot go to the notary public or commissioner of oats in ASIA and declare "us" as common law since asian coutries does not recognize same sex unions. From my understanding if I was the one to file for sponsorship, I do not need to fill out this IMM 5409 because she is not my co-signer.

Nope.. Its outland application.. We did tried getting her a trv here in Canada but refused so we both tried getting a visa in Denmark and luckily we are granted in less than a month.. My wife is in the Philippines at present.

 

[Dee Cee 25]

Nope.. Its outland application.. We did tried getting her a trv here in Canada but refused so we both tried getting a visa in Denmark and luckily we are granted in less than a month.. My wife is in the Philippines at present.

Thanks for the info. We've been to Europe before for a guided tour. We looked at Amsterdam, Paris, and Belgium but all of these countries require residency requirements to get married (same sex). Do you happen to know if there is a residency requirement in Denmark before we get married? Appreciate your reply.

 

[ALMALL]

Thanks for the info. We've been to Europe before for a guided tour. We looked at Amsterdam, Paris, and Belgium but all of these countries require residency requirements to get married (same sex). Do you happen to know if there is a residency requirement in Denmark before we get married? Appreciate your reply.

we just took a Schengen Visa for 5 days. 2 weeks before we flew to Denmark in the Island of Aeroskobing I contacted a very nice person, they are the one who help us with the preparation of our wedding. we just stayed 4 days in Denmark and before we left the Island they already handed us our wedding certificate. It is a very nice experience. try to search this. http://www.getmarriedindenmark.com/ I also help a same sex couple they took a Schengen Visa and married in same place.

 

[Dee Cee 25]

we just took a Schengen Visa for 5 days. 2 weeks before we flew to Denmark in the Island of Aeroskobing I contacted a very nice person, they are the one who help us with the preparation of our wedding. we just stayed 4 days in Denmark and before we left the Island they already handed us our wedding certificate. It is a very nice experience. try to search this. http://www.getmarriedindenmark.com/ I also help a same sex couple they took a Schengen Visa and married in same place.

Thanks for bringing this up! 'Guess I'll have to go this route as it's easier to obtain a Schengen Visa than US & Canada Visitor Visa. Now I will have to get the required docs for us to get married!

Thanks again! You're a life saver! ;D

 

[ALMALL]

Thanks for bringing this up! 'Guess I'll have to go this route as it's easier to obtain a Schengen Visa than US & Canada Visitor Visa. Now I will have to get the required docs for us to get married!

Thanks again! You're a life saver! ;D

I am glad to help.. If you need more help or advise dont hesitate to message me. We felt the MOST happiness of life after our marriage it is really different. God bless you both and all of us..

 

[Vancity1]

Hey all. Similar question. My Thai GF and I live that gether right now in Bangkok. We also have a 2 year old kid. Lived together 2 years. However, I’m retiring to Canada May 9 (2 weeks). I want to apply for a common law spouse app for PR visa. But lawyer said we “are no longer common law”. This sounds silly. Surely I can still be common law within 2-4 weeks of moving?!?!

 

[scylla]

Hey all. Similar question. My Thai GF and I live that gether right now in Bangkok. We also have a 2 year old kid. Lived together 2 years. However, I’m retiring to Canada May 9 (2 weeks). I want to apply for a common law spouse app for PR visa. But lawyer said we “are no longer common law”. This sounds silly. Surely I can still be common law within 2-4 weeks of moving?!?!

Ditch your lawyer. You can certainly apply as common law.

 

[Vancity1]

Ditch your lawyer. You can certainly apply as common law.

Lol. Thank you. Luckily he was a free consult. Haha.