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Immigration Forum / Canada / December 2005



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Please Help  - Skilled Worker or Conjugal Partner?

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Tezcatlipoca - 24 Dec 2005 00:23 GMT
Hi, I'll stick to the facts and I hope I can get some advice as to what to
do.

I'm a Canadian Citizen, and my Girlfriend lives in Mexico.
We recently decided to move in together.
We've known each other for 13 years and her parents have finally agreed to
let her move in with me, so...
We started to get all her papers together for her to apply as a skilled
worker immigrant, but she falls short in points because she can't put me as
a common-law partner even though that's what I'll be. But because we haven't
lived together for a year, we can't use this route.
So I'm thinking that sponsoring her as a conjugal partner is the way, but I
just read in this group that they deny applications that are very solid, so
I don't know what to do.
I can support her economically while she lives here even if it has to be a
full year to qualify for the common-law sponsorship, however she can't do
the same thing for me in Mexico, so I can't really move there with her for
the same year, and I don't know if immigration officers will let her move
here with me on a visitors visa for a year.

So the question is:

Should she try to apply as a skilled worker and explain in a letter that the
points for adaptability do apply because our situation is a common-law
relationship if not by law by definition?

Or

Should I try to sponsor her as a Conjugal Partner, and hope for the best?

Or

Should she try to come here as a visitor and just go home in 6 months and
then come back for another 6 months, and then I'll sponsor her as my
Common-Law partner?

Also we're tired of living apart from each other so whatever route we take,
we're hoping she can live here with me while we wait for her PR visa to go
through.

Thanks for your help

Hugo
Jim Humphries - 24 Dec 2005 16:47 GMT
The simplest solution would be to marry her.  That immediately solves the
problem.  Otherwise there seems to be an absence of commitment.
Signature

Jim Humphries, former visa officer

> Hi, I'll stick to the facts and I hope I can get some advice as to what to
> do.
[quoted text clipped - 45 lines]
>
> Hugo
Tezcatlipoca - 25 Dec 2005 14:23 GMT
On 12/24/05 8:47 AM, in article WYerf.60879$2k.36051@pd7tw1no, "Jim
Humphries" <jhumphri@shaw.ca>  arranged some electrons and permanently
etched in cyberspace:

> The simplest solution would be to marry her.  That immediately solves the
> problem.  Otherwise there seems to be an absence of commitment.

Well in this case it may not be an option, and it has nothing to do with our
commitment to each other, but with her parents. I know we're both adults and
can do whatever we want, but I believe that fighting for life with her
family could be avoided if we do things right.

Plus marrying just for a stupid paper seems wrong, I'm not saying we'll
never marry, but not for this...

Thanks for the advice though
rjmoar@hotmail.com - 25 Dec 2005 20:00 GMT
Im in the same boat. As of now, i am going to western canada to work
and will be coming back east (NB) in April.  She is from US. We are
both saving and she is coming here. As a visitor, going to try and
apply for the work permit while she is here and we are going to live
off our savings and i am returning to school for a year. We met online
9 months, She has been here for 2 weeks and i have spent a month with
her in Delaware. She as aways kept msn messager comversations form the
time we met.( if this gives any options). The money may be very very
very tight if she cant work after 4 or 5 months. There is LOTS of call
center jobs in my little town, they are always looking.  Does this look
good for us ??????????????? NB provincial nominee program ????
rjmoar@hotmail.com - 29 Dec 2005 02:05 GMT
Philip  Falcone - 31 Dec 2005 15:38 GMT
I would say from my personal experience that a conjugal partner under the
Family Visa isn't going to work for you given what you've described about
her parents.  But what I will warn you about strongly is this statement: "We
met online 9 months, "  For gawd's sakes DO NOT volunteer that you met
online or you are doomed.  Canadian is prudish and doesn't get it with
regard to online hookups.  Everytime I venture there, I am hounded with this
fact because it's in their database and will never disappear from it.  It's
a big red flag against you.  Find some other way to demonstrate that you
were introduced by a mutual friend and met in person.

Good luck,,, you'll need it with Canadian Immigration
----------------------------------------------------------------------------------------------------------------------------------
> Im in the same boat. As of now, i am going to western canada to work
> and will be coming back east (NB) in April.  She is from US. We are
[quoted text clipped - 7 lines]
> center jobs in my little town, they are always looking.  Does this look
> good for us ??????????????? NB provincial nominee program ????
Tezcatlipoca - 31 Dec 2005 23:53 GMT
Thank you all for your help and comments.
We have sent a letter to the embassy explaining the points dilemma to see if
they can make an exception in our case, and if they can't, we're just going
to have to do it the long way, and live together for a year to qualify as
common-law.
I don't understand this way of doing things, since it makes it incredibly
hard for people like us that love each other, and want to live together for
a while before getting married.
We believe that marriage is not a thing you do out of convenience, and is
something that should be done only once and for life. So even though we've
been in a relationship for many years, we haven't lived together for longer
than 5 weeks, and many things change once you live together, so we believe
this to be a prudent way of doing things. (And there's also a thing with her
family, but that's another story)
Right now We're lucky that my job allows us to live together even if she
can't work for this year, however this is a principle thing, more than
anything.
I believe she will get tired of doing nothing for a year, like not being
able to help economically, or do anything like work or study, and add to
this leaving all her friends and family. It will be extremely tough, and in
my opinion shouldn't have to be.
I'm aware of the commitment of sponsoring her as my partner, and my decision
will not change. The main reason cic should understand is that she's coming
here for ME, not for healthcare, not for a job, not for Canada, but for ME,
and that will not change, and that's the reason I will sponsor her no matter
what, since if things don't work out, she's not staying here, she's very
close to her family and friends and she would go back to Mexico in a
heartbeat. To stay in touch with family and friends will be a lifelong
challenge for the both of us, and all these cic obstacles will make it just
that much harder. But we're willing to make some sacrifices so we can live
together.
I know why cic makes it hard for people to get their PR status, and I agree
with most of their policies, however I do believe this to be an exception to
the rule. The main point would be those adaptability points in the
evaluation system.

-Why can't my girlfriend use them, or why not being able to use them counts
against her?-

In the current system, the points only apply if you're married or common-law
which I understand could make it easier to adapt, however it makes no sense
to me why in our case she can't use the points, since she will come here for
me. Once again she will come to live here for ME, and the visa is just to
make it that much easier for both of us to live together, so we were hoping
to go the most logical way and apply as a skilled worker, since if she can
use the points for adaptability, she would qualify even with the old score
of 75 points. But the very same thing we want to fix which is stop being
apart from each other, is the same thing which doesn't let us be together,
do I make sense?
In our case, not being able to use those points should theoretically lower
the score to qualify by 10, because the reason behind getting the PR visa
(which is to live with me) is the very same thing that is hurting her
application because of total points needed.
The score system would apply if she were to come here by herself in which
case I do agree with cic, could make it harder to adapt (albeit not
impossible) and therefore those points should then hurt her application. But
in this case it's illogical.

Anyways, I know this is more rant than anything, and I don't think I'll get
anywhere no matter how logic or how right we may be, so there's no point in
fighting the system. We will just wait for the embassy's answer, and if it's
negative, we'll just live together for the year it takes and then we'll get
her PR either way (skilled or partner whichever is faster). The economic
burden of this could actually delay our possible wedding and will definitely
make it harder to visit friends and family as we would like, but in the end
it's worth it.

Hugo
vjames@gmail.com - 29 Dec 2005 12:55 GMT
Hello.  I have done some extensive research on cohabiting and marraige,
and the findings may shock many self-styled "modern" thinkers.  The
conslusion is that marriage is much more than just a "piece of paper,"
and that pre-mairtal cohabiting can increase the divorce risk by 80%!
The old-fasioned values are often the best for humanity in general.
Please have a look at the following, and other similar aticles:

http://www.smartmarriages.com/cohabit.htm

If you truly value each other's souls, do the right thing!!

Veronica
 
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