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It's important to check, double-check and triple-check before you submit your application
Posted on Sep. 7th 2009 at 05:03 pm EDT (372 views, 0 comments)
I read an interesting article from the Kingston Whig-Standard today about a couple whose sponsorship application was denied, because they met the definition for a common-law partnership under provincial legislation, but not federal immigration regulations. The article can be found here: http://www.thewhig.com/ArticleDisplay.aspx?e=1731248/ Basically, the couple has a child together, which under provincial law would make them a common-law couple, but they had not lived together for 12 consecutive months at the time they applied, which, under CIC rules, means that they did not qualify for a sponsorship application as common-law partners. If they had lived together for two more months, CIC would have considered them common-law. Since their application was Inland, they cannot appeal the decision and are now moving to Australia, where the principal applicant is from. Their only choice if they want to live together in Canada is to start from scratch with an Outland application. Before you submit your application, check to make sure that you qualify under the conditions that the CIC sets out, which may or may not be the same conditions that your province sets out, or the country or jurisdiction where you were married sets out. Let's say you want to sponsor your same-sex partner as a spouse. You must make sure that your same-sex-marriage was legally recognized when and where it occurred as well as in Canada. For more information, you can check out what the CIC says here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp/
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