Okay, I do
want to immigrate. Now what?
How I prepared
myself to apply for immigration.
Applying for immigration
wasn't a very complicated procedure. From what I read, the entire process can
take a few months or a few years. All in all I spent way more time waiting than actually working on my
application. At times I'd have to hustle to get together or
complete certain documents, but the most stressful part was
the waiting and worrying. Here are some things I felt were important to do right away. Some are mentioned on
the previous page. I didn't follow this process exactly--it
incorporates a lot of 20/20 hindsight. Everyone has their
own particular way of getting themselves organized, but this
"system" is what suited me. Do not blindly follow what I did.
Educate yourself and determine what works for
you.
- DOWNLOAD
APPLICATION KIT
The very first thing I
did was download the application materials from
Citizenship
and Immigration Canada
so I would have the Self-Assessment test and Application
Kit right away.
- The application kit
included:
- The information
guide
- Application form
IMM0008 for Independent Applicants
- Appendices with
country-specific information
The application kit could also be requested from a Canadian immigration visa office
outside Canada via telephone, fax, and mail. I think faxing a request was the second most
efficient method second to downloading it from their web
site. The downloadable forms were nice to use for draft versions of my application.
- TAKE
THE SELF-ASSESSMENT TEST
After downloading the
Application Kit I printed it out and took the
Self-Assessment test to determine which application
process would be right for me.
- Points = 60 or
more: If I made enough points on the self-assessment
test, I would have submitted a regular independent
application. As it was, I scored fewer than the
recommended 60 pre-interview points.
- Points = Less than
60: The Self-Assessment test is one of the defining
moments in deciding whether or not to apply on
Humanitarian and Compassionate (H&C) grounds. I
scored fewer than the recommended pre-interview 60
points, so I got very discouraged. (The selection
interview is worth up to 10 pts.) At the time I did not know
about H&C or same-sex immigration nor was I even
aware of the concept of same-sex immigration. Still, I
searched the web and newsgroups to learn what I could on
immigrating to Canada. It was a matter of luck that one
day there was a post in the misc.immigration.canada
newsgroup informing same-sex couples considering Canadian
immigration to contact LEGIT
for their booklet.
- CONTACT
LEGIT
I immediately e-mailed
LEGIT and requested their LEGIT Guidelines booklet:
Canadian Immigration for Same-Sex Partners--How to
Prepare an Application on Humanitarian &
Compassionate Grounds.
- LEARN
LEARN LEARN
Now that I was waiting
for LEGIT's booklet to arrive in the mail, I could make
use of my time constructively and more effectively now that I had an idea of what direction I was going.
- SCOUR THE
INTERNET for information. I searched for
information regarding same-sex immigration in general
and same-sex immigration to Canada in particular to
learn as much as I could. The web provided a lot of
information as did the misc.immigration.canada
newsgroup.
- FILL IN THE
BLANKS: With a printed out copy of the application
form I got online, I started filling out a
draft/practice version. I just filled in the things I
could just off the top of my head. Anything I couldn't
answer right away I circled in RED
or highlighted to remind myself I needed to work on
it, and then I worked on getting those filled in.
Usually it was just a matter of trying to remember the
dates I worked and lived in certain places and
compiling information from other sources. Once I
started getting the easy stuff filled in the
application looked much less intimidating. When
filling out the application form, I thought it important to BE
HONEST. There's a declaration that the information provided in the application is truthful, complete,
and correct. In addition, false statements and
concealment of a material fact may result in one's
exclusion from Canada and may be grounds for prosecution or removal.
- ORGANIZATION:
Now that I had something physical in hand (the
application) the next and extremely important step was
to get organized. I used a portfolio to keep
all immigration related paperwork (forms, notes,
letters, etc.) in one place and separate from my other
mess of papers on my desk. An attachˇ case or a
small briefcase would also work well. Also, I printed
out an extra copy of the Checklist (Appendix C of the
Application) for my own use to keep track of what I
complete and when. The checklist was kept tacked to
the wall where I could always see it.
- THE
FBI CRIMINAL RECORD CHECK
The FBI Criminal Record
Check results is to be submitted together with the
application. Americans and others who have been in the US
need FBI criminal record checks. I completed my entire
application in about two nights, but my FBI clearance
took two months after I mailed them my fingerprints, Form
PC-1 (included in
the application kit), the proper payment. The FBI sent the results to me.
Where to get
fingerprinted: This seems to be a recurring question
in the Canadian immigration newsgroup. I got my
fingerprints done at a private fingerprinting agency in
Ottawa. It was listed in the yellow pages under
"fingerprinting." In the US my college's security office
also did fingerprinting, other options were the city or
state police station, sheriff's office, local FBI field
office, and private agencies. The city, state, and
federal sections of the local telephone book always (in
my experience) has a general information phone number
where one could ask. Once a place is found, it's best to
call ahead. The local police fingerprint form or card IS
ACCEPTABLE for the FBI criminal record check. Also, US
Immigration has its own fingerprint card for US
immigration, so police stations have been instructed not
to do fingerprinting for immigration. This applies only
to US immigration, not Canadian immigration. There may be
a charge for fingerprinting, especially by private
agencies.
How to send it:
Since the procedures may change from time to time, the
best thing is to follow what it says in the Application
Kit. The instructions were very
straightforward.
The Results: My
completed FBI criminal record check arrived about 9 weeks
after I mailed my fingerprints to them. I mailed it to
the FBI from Canada, so the wait would probably be 2-3
weeks shorter for a request done by someone in the United
States because of the shorter mail delivery
time.
- THE
RCMP CRIMINAL RECORD CHECK
Since I was in Canada at
the time (or maybe because I used a Canadian mailing
address) Buffalo asked me to obtain an RCMP fingerprint
criminal record check. I didn't include it with my
application earlier because I didn't think I needed it.
This was requested well into my application process, so
it probably delayed my application since their check
takes about 60 days. I could have done it at the same
time I got my fingerprints for my FBI check even though I
didn't think I'd need it. In addition, I went to a
private commercial business contracted by the RCMP to do
fingerprinting, and it was cheaper to do two fingerprint
forms in one session. The RCMP does not charge for
an RCMP Criminal Record Check for Permanent Resident
Application. The results are sent directly to the
Canadian Consulate.
Note:
The application kit instructs applicants NOT to obtain an
RCMP clearance until instructed to do so by the visa
office, but if the applicant is in Canada even out of
status, on visitor status and applying with a Canadian
return address, or indicates repeated visits to Canada
(to be with partner) then it might be worth the gamble to
go ahead and get the criminal record check for the RCMP
at the same time as the FBI.
- REQUEST
EMPLOYMENT REFERENCE LETTERS
This should have been
done right away. It took my employer (previous employer)
two months before they finally sent me the reference
letter I needed to include with my application. The
application kit (the checklist) indicates what
information the letters must include, so in my letter to
my employer I told them exactly what information I
needed in the letter. I was unemployed when I applied for
immigration, so I did not have a current employer.
According to my application, if a letter of reference
from a current employer cannot be obtained, a written
explanation by the applicant must be
provided.
- REQUEST SUPPORT
LETTERS FOR THE H&C APPLICATION (if
necessary)
I found that in cases
where I had to depend on others to send me things, it was
best to do those as early as possible. Since I was
requesting to be considered for immigration on
Humanitarian and Compassionate grounds I needed/wanted
letters of support. But more on support letters later.
For now, it's best to do the self-assessment test to see
if such an application is necessary.
Disclaimer: Not intended as legal advice. Please see
About this Website for more information.
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