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Getting my "Common Law" GF a LTVP visa

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Rambutan2000
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Getting my "Common Law" GF a LTVP visa

Postby Rambutan2000 » Fri, 03 May 2013 10:22 am

Hi all, I've read a bunch of threads on the ins and outs of LTVPs, GFs and all that so I know where I stand here. FYI I'll be on an EP/S pass.

But what I dont know is what MOM etc counts as a common law relationship? I'm living in Canada and under Alberta law (province of Canada) we just need to create a legal document stating that we wish to enter an "Adult Independent Relationship". This is a legally binding document kinda like a prenup. It just states we either are living or INTEND on living together.

So what I'm asking is as long as your home government counts you as common law and you can prove it (letter from your consulate etc) are you good with MOM or does MOM etc need it's own independent proof?

Thanks all!

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Postby sundaymorningstaple » Fri, 03 May 2013 11:57 am

Sounds like you are pretty much good to go. But depending on your salary you may not be good to go if you are on an S pass.

S Pass and Employment Pass (EP) holders need to earn a fixed monthly salary of at least $4,000 to sponsor the stay of their spouses and children here.

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Postby Rambutan2000 » Fri, 03 May 2013 12:44 pm

Thanks! Oh I think I got my wires crossed on my visa type, I'll be earning over $8k / month.

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Postby sundaymorningstaple » Fri, 03 May 2013 2:27 pm

:cool:

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Postby Rambutan2000 » Sat, 04 May 2013 2:42 am

I'll post new info as I get it for future reference. Note this might be specific to Alberta and not valid for anyone else in Canada.

These seem to be the steps needed:
1. Draw up a "adult interdependent partner agreement"
http://humanservices.alberta.ca/guardia ... d-you.html

Probably best to get a lawyer to look over this.

2. Get the "adult interdependent partner agreement" signed by a public notary.

3. Send it off to the Department of Foreign Affairs in Ottawa for authentication:
http://www.international.gc.ca/about-a_ ... x?lang=eng

Note: if you need this done ASAP you can hire a 3rd party to submit the docs and they do it the while you wait like this company:
http://www.ottawaprocessserver.ca/fees.html

I'm about to start on this trek in the coming days.

This has been a couple of solid days on the phone tracking this stuff down!

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Postby Rambutan2000 » Wed, 08 May 2013 1:49 am

So I sent an email to the Canadian Embassy and this is what they said:

Good day,

Thank you for contacting the High Commission of Canda.

You can arrange an appointment to visit the Consular Section in Singapore to sign a Statutory Declaration in front of an officer declaring your common-law status, if you live in Singapore.

Please see below for notary instructions:

-----------------------------------------------------------------------------------------------
Please forward us:
1) an affidavit declaring your common-law status;
2) documentary evidence (eg. tax return, bills, bank account, etc.) supporting cohabitation relationship between you and the other party for at least one year; and
3) copy your passport(s) via email. We will then book an appointment to witness your signature on the affidavit at the High Commission of Canada in Singapore when the signing officer is satisfied with the affidavit content.
Definition of common-law relationship in Canada: http://www.servicecanada.gc.ca/eng/isp/ ... ecom.shtml
See attachment for a sample affidavit (please note that the affidavit is a free format and the applicant may amend the content as s/he sees fit).
Note: witnessing signature by the Consular Section does not guarantee the acceptability of your affidavit by the requesting authority. Therefore, you may wish to confirm the affidavit acceptability with the requesting authority in advance.
Fee: payable by cash or credit card (visa or master card only)
Witness of signature: CAD 50 (SGD 61) - non-refundable.
-----------------------------------------------------------------------------------------------

regards,



Consular Section

Rambutan2000
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Postby Rambutan2000 » Wed, 08 May 2013 2:04 am

Now this looked bad when I read it because the link says you must be living together.

BUT, there is no definition of "Common-Law" relationship under Canadian federal law, this is under provincial jurisdiction, which means that my original assessment should stand that by entering into a agreement we will be counted as the equivalent of common law.

Will keep you all posted...

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Postby Rambutan2000 » Mon, 13 May 2013 2:27 pm

Well I've given up on this, looks like "Common-Law" means whatever anyone wants it to. I've spoken to two family lawyers and neither could give me a concrete definition as WRITTEN IN CANADIAN FEDERAL LAW of common law. It's true that in Alberta all the above posts are true, but this doesn't mean the Canadian Embassy in SIN would accept it and even if they did it doesnt mean that the MOM would.

Moral of the story: Live together for 1 year and have proof, or get married.

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Postby JR8 » Mon, 13 May 2013 10:25 pm

In the simplest terms, common law isn't written down in published statute. It derives from precedent.


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