This page contains a Flash digital edition of a book.
Immigration 39


When applying for immigration to Canada via Citizenship & Immigration Canada (CIC) you must always have a principal applicant. This is the person who can fulfill the criteria of the particular immigration route you are choosing. It does not have to be the head of the household, nor does it have to be the male in a mixed sex relationship. You should look at the criteria and determine which family member will gain the most points or have the correct work history in order to qualify.


The principal applicant can then name spouses and dependent children as family members to be included in their application. Many people wrongly assume that a couple has to be heterosexual and married in order for their relationship to be recognized by CIC as valid, but this is not the case. CIC recognizes common-law relationships as well as same-sex relationships, but you do have to be aware of certain criteria that have to be met in order for your relationship to be accepted.


CIC Definitions:


Spouse: Two people of opposite or same-sex in a legally recognized marriage. Common-law: Two people of opposite or same-sex who are living in a conjugal relationship and have been doing so continuously for at least one year. Conjugal: Two people who live together and have significant commitment to one another i.e. financial, emotional, children etc.


Some issues may arise when applying for immigration to Canada that may never have been a factor before and could actually prevent the CIC from recognizing your relationship as common-law. If you know before hand what these issues might be you can prepare in advance and get your affairs in order so that when the time comes you have no problems proving your relationship.


When CIC accepts common-law relationships both


heterosexual and gay or lesbian it has to receive proof from the couple that their relationship is real and not being used for the benefit of immigration. This means that you will need to prove that your relationship is conjugal. Evidence that you share a home, support each other financially, are in an emotional relationship and perhaps have children will all be taken into account.


This might not sound as if it could be a problem, but lets take a look at a couple of scenarios:


Scenario 1:


Jack and Ben are a gay couple who have been in a relationship for six years and have been living as a common-law couple for four years. Jack owned the


property they live in before he met Ben and all the bills, mortgage etc are in his name only. Ben contributes toward the food and general living expenses as well as holidays the couple take. They each have separate bank accounts. This arrangement has worked well for them both and they have seen no reason to change. Problem: Because on paper Ben has no connection to the property they live in there is no proof that they are living as a couple, other than their "word." Although Ben pays as much financially into the relationship he has no bills, mortgage or household costs that can be shown to the CIC. Neither do they share a bank account and do they have no obvious financial commitment to each other. Therefore this may give rise to CIC rejecting their common-law relationship and refusing their application.


Scenario 2:


Mark and Sue have lived together for two years. Mark works full-time and is the only earner in the home as Sue is a stay-at-home mum to a daughter she has by another relationship. Mark has always looked after the bills and rent and Sue's name is not on any of the official documentation i.e. rent, utility bills etc. They do have a joint bank account, but this is used for savings and holidays and not for the payment of household bills which come out of a bank account in Mark's name only. Problem: As with Scenario 1 CIC could refuse to accept their common-law relationship as on paper Sue has no connection to the joint home and cannot prove commitment to the relationship. Although they share a bank account, this does not prove a relationship as any two individuals can open a join bank account without being in a relationship. Remember all the bills come out of an account in Mark's name.


Scenario 3:


Sally lives with her same-sex partner Amy in a rented apartment. The rental agreement is in Sally's name as she lived there before she met Amy about 18 months ago. The rent includes all utilities, so no living expenses other than groceries and everyday living costs are payable. If they add Amy to the rental agreement it will prompt a new contract being put in place, increasing their monthly rent, so they have left things as they are. They both have separate bank accounts. Problem: Once again one partner in the


relationship cannot prove that they are in any way committed to the relationship or the property they


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62
Produced with Yudu - www.yudu.com