Permanent Resident Application - Canada

amy074

New member
Sep 26, 2009
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Hey everyone, I am new here, but have been reading the boards for a while. I married my Dominican husband this past August and we are preparing his application for permanent residency in Canada.

My main question is, do most people hire someone as a representative to review the forms and applications before sending them in (such as an immigration consultant)? I want to do it myself, but I am unsure of how complicated the process will become. Am I crazy to consider doing this on my own?

Also, this might be a silly question, but does elementary school count as part of the formal education or is it just secondary school and university?

Thanks a lot!! I am sure I will have many more questions to come!

-Amy
 

twillis

New member
Jun 22, 2009
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The forms are easily done on your own - for free :). Just be very careful to read and re-read and re-read to make sure you have all they have asked for included. Make sure you use their checklist also. I used an immigration specialist - cost me 200 dollars - to check my papers before I sent them in but honestly I did all of the work and he didn't offer me any advice or clarification that I didn't know from reading on my own.

Good luck with your application and congratulations on your marriage.
 
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twillis

New member
Jun 22, 2009
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and yes, i would include all schooling.

Also, there are many knowledgeable people who have been through the paper process so all your questions will be answered, no worries on that.

My husband grew up on a farm and only schooled until Grade 8. I included that on his application.

Hope this helps.
 

sangria

Bronze
May 16, 2006
939
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Welcome!

Hi Amy,

Welcome to the Group! You will find lots of very helpful and supportive members here.

The Visa forum is full of information and personal experiences. Please take some time to read through some of the visa posts as they will be very helpful and answer many questions along the way.


Here are 4 links that are helpful to get started.

http://www.dr1.com/forums/visas/80739-getting-organized-info-immigration-canada.html

http://www.dr1.com/forums/visas/92949-uncompleted-timeline-canadian-page-ranking-updated-list.html

http://www.dr1.com/forums/visas/94278-questions-visa-application-canada.html

http://www.dr1.com/forums/visas/93231-before-you-send-your-application.html



Twillis was right about the schooling. You need to include your husbands entire school history.

Good Luck with your application and feel free to ask any questions you might have....we are all here to help!

Sangria
 

amy074

New member
Sep 26, 2009
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Hey everyone! I have another question this time regarding the criminal record checks. My husband went just today to get his police check and traveled to the address given on the Canadian Immigration website. When he arrived, they told him that was not the place to get the record check, and sent him somewhere else. The other place only required a copy of his ID. I am wondering if he has the wrong criminal record check. This is the address posted on the website:

Procuraduria General de la Republica Dominicana
Ave. Jim?nez Moya esq. Juan Ventura Sim?n
Palacio de Justicia, Centro de los Heroes
Santo Domingo, Rep. Dom.

Is this where everyone else went and got the criminal record check done? Or were they sent somewhere else?

Thanks!
 

sandra65

*** Sin Bin ***
Apr 7, 2009
18
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0
Hi Amy, for criminal record, he only has to show his "cedula" Dominican ID and they will issue one certificate that states he has no criminal record. Usually employers in the DR require this as well so is pretty standard form. And yes you get this at any Palacio de Justicia in the DR, we got ours in Santiago. And to emphasize on what was written before, you don't need a lawyer or consultant. As long as you read and re-read and make sure to put everything they ask you are ok. Welcome to the group and good luck!
 

santosm

New member
Oct 22, 2009
3
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Hi Amy,

My husband and I also went to the Procuraduria General de la Republica Dominicana & were sent somewhere else but were told when we arrived that we were at the wrong place. We called the phone number provided for the office and were told to go to Avenido Maximo Gomez right across the street from the Marriott hotel. My husband needed his cedula (ID) & 2 passport size photos. If the certificate that he got is from Procuraduria General de la Republica Dominicana and is stamped & signed by them, then it is the right one.

As for completing your application, as long as you read the instructions thoroughly, you should be able to save the money & do them yourself. If you're ever unsure/unclear about anything you can always call the CIC call centre & they will be able to answer any of your questions. I found them to be very helpful.

Hope this helps & best of luck with your application.

~M
 

Cantaloulou

New member
Feb 19, 2008
68
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Got a few of my own...

Searched high and low and seem to have found some contradictory info...

1) Do all dominican documents to be provided as requested need to be translated? If translated, does it suffice to have them translated by an authorized canadian translator? OR, do the documents also need to be notarized in Canada or the DR?

2) For form IMM5409E (stat. declaration of common law), at the very end it requires the document to be signed by a commissioner of oaths... Now, this document needs both my signature and that of my boyfriend's, so where and who needs to sign this document as IMM5409E stat. declaration of common law???

3) Anyone have a local canadian number to dial ICI other than the 1 888 242‑2100 appearing on the web site? I'm still in the DR researching all I will need to do before going back to Canada and am using MagicJack so my number is US which does not allow me to use the 888 number above.

4) If if stay in the DR to prepare all documents can I still mail them to ICI in Canada OR do I have to send them to Haiti???

Thanks,
I've read so many posts now, I'm more confused than ever...

Chantale
 

kacy

New member
Feb 3, 2008
135
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1). - yes they all have to be translated into either english or french but that can be done in canada - none of mine were notarized. though they need all the appropriate seals from the DR - but that's explained to the person who gets them.
not sure about all the rest of your questions - but someone here will know
 

sangria

Bronze
May 16, 2006
939
65
0
Your application has to be mailed to CIC-Mississauga first. This is where your sponsorship is approved. They then forward it to Haiti for processing the applicants part of the application.
 

Barbie38

New member
Apr 15, 2009
79
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If you have internet access give SKYPE a try. For only $2.95 a month you get free Canada/US calling and the rates to the DR are great. Then you'll be able to call the CIC call centre! Skype ? Make free calls and great value calls on the internet just make sure to register like you are in Canada. I use it all the time when I'm down there to call home for free!

We did go to Santo Domingo to have the birth certificate and marriage certificate legalized (just a bunch of stamps on the back) some money and a lot of running around. Then had them translated in Canada.
 

Cantaloulou

New member
Feb 19, 2008
68
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Any chance of staying by his side as long as possible?

It seems from ICI web site that:
Sponsors not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada. Evidence that they will reside in Canada may include one or more of the following:
? letter from an employer;
? letter of acceptance to a Canadian educational institution;
? proof of having rented/bought a dwelling in Canada;
? reasonable plans for re-establishing in Canada or severing ties to the other country

If I live outside Canada, can I sponsor?
If you are not a Canadian citizen, you cannot sponsor if you live outside Canada.If you are a Canadian citizen, you may sponsor a spouse, a common-law or conjugal partner, or a dependent child who has no dependent child of his or her own. You must live in Canada when the sponsored person becomes a permanent resident. See How to apply to sponsor.

So has anyone applied all the while staying in the DR??? When do I know when to move back to Canada?
 

Barbie38

New member
Apr 15, 2009
79
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There are some that have applied, will let them answer this question. Will let you know that if you are applying as COMMON LAW you will need to become a resident of the DR to show you are solely residing outside of Canada during the application process. Being there on a tourist or work visa is not enough proof for CIC, they want to know you are LIVING outside of Canada, not visit the other country. Just finished reading this on another immigration forum so thought I'd pass it along. You can move to Canada once he has the VISA in his passport. Not sure what their policy is on visiting Canada. It is not difficult to obtain DR residency just contact the lawyer on DR1 and I'm sure he can help you along the way. Great thing is you can have dual residency when you are Canadian. Hope this helps.
 

Cantaloulou

New member
Feb 19, 2008
68
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Bubble burst

Barbie38, I think I'm going to cry!!! I've been living in the DR since July 2008 with my boyfriend and contrary to indications tried getting my DR residency since I arrived (never got it due to fact my BF was not considered a proper garant as he did not OWN property). So I've been living here since then and now I cannot stand it anymore the "no hay luz", "no hay agua", etc...

Finally after 1 1/2 yrs I've convinced my BF that living in Canada is much better (as he flatly told me from day-one he did not want to move out of the DR) and thought because we have been living together for 18 months (we got a rental lease together, etc...) we could apply as common-law (nothing says I have to be a DR resident) but based on what you are telling me that won't be possible? So what... Now we have to resort to getting married? I really did not want to do this like that...

Have only started to download the ICI documents from web and already discouraged!!! Anyone???
 

sangria

Bronze
May 16, 2006
939
65
0
One of our members applied for a common law visa.

Hopefully if she is still reading she can post something.

In her case, she went to the DR with a work visa which expired and she overstayed it. She did not have residency and was approved to sponsor.

Immigration wanted A LOT of proof....proof of the work visa, legal lease agreements, letters of employment, pay stubs...all covering EVERYDAY you are there.

It seemed to be very difficult to prove that they were truly living together as a couple the entire time...letters from landlords, passport stamps weren't enough.

They basically implied that she could have arranged a joint lease and then not actually lived together which in their case wasn't true.

Maybe having residency would prove beyond a doubt that you have moved your life there....but it may not prove that you have joined your life with someone else.

Have you considered getting married?

Chances are that if you applied as common law, it would be denied unless you have provided undeniable proof that you are living together permanently. Under the spousal class you would have a very strong case.

Whichever way you go, don't get too discouraged because taking time to understand what you are up against and learning about the process before you make a mistake will help things go faster in the end. Take lots of breaks from reading and come back with a fresh outlook. Do your application in small chunks. All of this will help it to not be seem so overwhelming. It is one of the hardest "projects" you will ever have to do....its ok to feel nervous!
 

El_Uruguayo

Bronze
Dec 7, 2006
880
36
28
2 things here thought could be clarified a little. 1 being the aspect of "living esclusivly out of Canada, and the other being proof of commmon law etc.

First off there is no particular benefit in living soley outside of Canada when applying, it actually would be considered a detriment in a sense. The reason is that people may make an application with no desire to actually live in Canada, and get the PR as an insurance policy should things go wrong in another country (i.e lebanon). However there are ways to mitigate the disadvantage, and demonstrate reasonably that you do intend to live in Canada when sponsorship comes through. As for proof, you don't necesarrily need to acquire residence, it might not be a bad idea to write a letter stating that you lived "exclusively outside of Canada" for a period of 18 months as a test period to try out the Dominican Republic, and to grow your relationship, you did not acquire residency as you were not sure exactly how long you would be saying, and you were advised by authorities that you were ok to stay, so long as you paid a fine on the way out (in my case, that's what the DR embassy told me)and that you are now ready to go back to Canada. You can substantiate this with a tax return stating that you are not a resident, passport stamps showing your entries and exits, and other documentation, rent receipts, phone bills, testimonials etc. A lot depends on the officer, so if they are not convinced, ask what other evidence they might need - they do need to give you a chance to respond to their demands, and they do need to be reasonable, if you have evidence that documents a large chunk of your stay, and they want more they are not being reasonable, you can state this.

As for common law, what they want to see is interdependance, proof of time living together in a romantic sense, and merged finances to a degree. Rent contracts, affidavits (testimonials), phone bills, photographs bank accounts etc. are all proof of this. If you can reasonably substantiate this, and they still want more, again they have to give you the opportunity to do so, and cannot flat out reject you. If they just say "more evidence" ask for specifics. If you still feel that your application isn't as strong as it could be, or that they are doubting your application unreasonably - it may be a good time to get a good immigration lawyer or consultant on retainer. You can have them sign the "use of a representative form", and it can send a message. Basically, if you do all in your power to meet the requirements you should be ok, if they are unreasonable, you should tell them directly, and that based on consultations with counsel, if refused you will appeal. If you seem/are informed of your rights, their duties as described by IRPA, they may not be as inclided to just stamp declined, and will take you more seriously.

Again, honest, straight forward, proactive and patient. And the key with dealing with an application that hits a few bumps them asking for clarification - or you asking them what else it is you can do, if you get specifics better. As much as people will have you believe that with immigration you are guilty until proven innocent - you still have a right to a fair trial.

Now, if you are seriously lacking material evidence, and are common law and really want to spend the rest of your life together, marriage might not be a bad idea.
 

Cantaloulou

New member
Feb 19, 2008
68
6
0
Irpa

El_U,

Thank you so much about IRPA info, I looked it up and have found the actual guide that agents are suppose to follow in the examination of applications. This information is sooooo precious as you say to show we are informed of our rights and how things should be done! I will read these very carefully in order to assess if common-law works for us or if we need to get married (not my favorite option) as I would prefer to do so in Canada. If I got married here, it would be pathetic as we are cash-strapped!!!

Again my thanks!!!