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QUESTION:
I am a Canadian currently living in the UK but I need to return home in the
summer due to family commitments. My boyfriend is keen to move over with me
but we're not too sure on what we have to do. I have read that it is easiest
for me to sponsor my boyfriend (who is counted as a common law partner) for
immigration but I cant find any information to tell me if I am eligible to
sponsor him or he is eligible to be sponsored. My boyfriend is British and
I have dual Nationality between Canada and Britain.
Regards,
Cxxxxxxxxxx.
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david ingram replies:
Rather than start over, I have taken another woman's similar question answered a long time ago and reproduced it here. It should answer most of you questions and a couple of more. In this case, the writer is already or still in Canada
To the reader - I have taken one run-on paragraph and broken it into 14 questions. The question seems to be a second part where the first part has gone astray but the gist of the question is clear.
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Hi,
A. What if the woman is Canadian and the man is from the UK.
There is a slightly different process than if your man was from the United States. I have identified the brochure for you to read below at 1(a)
B. What if we want to live in Vancouver? (I live in Vancouver...the man in question came to visit & almost stayed, but had to go back for a short period because his father was ill.
If he comes to Canada, you can live anywhere you want without restriction if you sponsor him into the country.
C. Does getting married ensure that he gets to stay?
Getting married does NOT ensure that he gets to stay.
D. If we marry before he comes over, will we be prevented from seeing each other anyway?
If you marry before he gets here and he is refused admission to Canada, you will be visiting him in the UK or meeting in the Canary Islands or Bermuda.
E. Should I get a visa & live there for a period?
No particular reason unless it was to get married there and live there for the period it took you to sponsor him to Canada from out of the country.
F. Would his getting a job here help?
If he got a job here and a working visa, he would be here, you could get married or not and live together or not and he could likely apply on his own hook without your sponsoring him.
He can do a self-assessment for his ability to move on his own without your help at 15 below.
G. Should we marry there, here or if we decided to marry somewhere else, would it make a difference?
If he comes to Canada as a visitor and you married while he was here, he would be "here" . If you get married out of the country, you will spend more time apart than you want to. Technically, he would be breaking the law by coming as a visitor with the intent of getting married and staying.
H. What if we wanted to be common-law?
Canada recognizes Common law marriages and conjugal partners. Read guide at 1(a)
I. If we marry through a church is one church preferable to another?
If the most important part of the wedding pictures is the church, some churches are much more scenic than others. Some churches do not have enough room for a large wedding. And some churches do not have enough parking.
J. Why do governments keep people who love one another apart?
Marrying for "convenience" (getting status in a country) is an extremely common way for people to get into a country. My files are full of people who married someone brought them to North America and had the "loved one" disappear as soon as the paperwork was official.
K. Does he have to get some sort of visa to re-enter the country even if we are married?
If you are married, the Immigration officers at the border Point or Port of Entry will try and keep him out of the country because they will assume he is coming here to live with you. For that he needs status.
L. How long is the visa good for?
If he comes as your spouse with your sponsoring him, his visa is for life. If he comes as a skilled worker, it could be for a year or longer.
M. If we do get married & he is over a certain age will he still be told you're too old & be sent back?
You can sponsor him at any age. If you get married out of the country and want to sponsor him back, you have to prove your income is high enough to support him and guarantee his support fro up to 10 years. If you sponsor him from within the country, you do not need to meet the income test.
N. If that's the case, there's no point in spending the $ on a wedding when I am in one country & he is in another is there?
True Love moves in mysterious ways. We have several clients where the wife lives in one country and the husband in another.
O. Are you (not you, the government) telling me whom I should & shouldn't love?
Not at all. The Government is merely enforcing its rules about just "who" gets to live in Canada. They have expanded the rules to cover same sex couples and common law couples where they can show a true long-term relationship. Marriage does not ensure that the couple will stay together. Along with yours, I received another email from a mother telling me that her daughter's marriage had fallen apart after 8 months and she was taking down the wedding pictures. It was a very BIG church wedding.
Thanks, SXXXXXXXXX
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david ingram replies:
It would be much, much easier on you to just find a local man. However since you have picked someone from out of the country, you (and he) have to conform to the rules.
You can start the process by going to:
1. http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada. - Publication 3910E
1(a) http://www.cic.gc.ca/english/pdf/kits/guides/3901e.pdf
This is a "different" guide used for sponsoring a UK citizen spouse into Canada 3901E
(also for 36 other Western Europe Countries from Slovenia to Iceland (on cover)
2. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
This is the application form to sponsor - form IMM-1344A
3. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
This is the sponsorship agreement - Form IMM-1344B
4. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
This is the Sponsorship Evaluation Form IMM-5481
5. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
This is a statutory declaration of a common-law marriage - FORM IMM-5409
6. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is the Sponsor Questionnaire - Form IMM-5540
7. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is an authority to release information - FORM IMM-5540
8. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF
This is a document Checklist - Form IMM-5491
9. http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.asp
This is where you order your official receipt
10. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf
This is your actual Application for Permanent Residence - FORM IMM-0008GEN
11. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdf
This is your Background Declaration - FORM IMM-008_1
12. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
This is your additional family information - FORM IMM-5406
13. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDF
This is your spouse or conjugal partner questionnaire -= FORM IMM-5490
14. The Above PLUS a police report from your local police station (See the guide for details) applies to those being sponsored from the UNITED STATES or Western Europe. There is a separate brochure for every country. If you are reading this and are from any other country (Australia, Brunei, Austria, Venezuela, etc) goto
14 http://www.cic.gc.ca/english/applications/fc.html for other country guides.
15. http://www.cic.gc.ca/english/skilled/assess/index.html
This is the self-assessment test for an individual to determine his or her eligibility to immigrate to Canada without being sponsored by a spouse.
I know this will help you make your decision. If we can help you, remember, that is what we do for a living. In particular you should goto www.centa.com and click on and read [US/Canada Taxation] BEFORE you come. Although specifically geared to the United States, this section contains references to Saudi Arabia, Great Britain, Libya and shows the way Canada taxes people from other countries. Article IV of the US / Canada Tax treaty is also there and reads "just about" identically to another 100 + countries that Canada has treaties with.
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
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