Would I eventually qualify for Conjugal Partner Sponsorship through my girlfriend?

[sammy4427]

My girlfriend (Canadian citizen) and I (American citizen) have been dating for 9 months, and in June it will have been a year. I'm going to be working full-time in Seattle this summer and she lives in Vancouver, and we're most likely going to be spending weekends together in Vancouver (with me as a visitor) and weekdays when she doesn't have class together in Seattle (with her as a visitor).

Last year, I spent a week with her in Vancouver in August right when my internship ended. Then from the middle of October - January 2nd we stayed in an Airbnb together in Vancouver since I was able to do all of my classes for that semester remotely from anywhere. We've had no breaks or gaps in our relationship, and even if we don't begin to pursue my sponsorship immediately after we've been together a year, we will most likely begin to try and find ways for me to have long-term legal residency in Canada within the next year/year and a half.

I'm wondering if I would qualify for Conjugal Partner Sponsorship since it seems like we would fit all of the criteria. I live outside of Canada, we'll have been in a conjugal relationship together for more than a year, and the reason why we can't live with each other all the time is just the immigration barrier. I could even get approval from my job to work remotely in Vancouver, but I'd have no way to legally stay there longer than the 6 months a visitor is typically allowed to.

 

[canuck78]

My girlfriend (Canadian citizen) and I (American citizen) have been dating for 9 months, and in June it will have been a year. I'm going to be working full-time in Seattle this summer and she lives in Vancouver, and we're most likely going to be spending weekends together in Vancouver (with me as a visitor) and weekdays when she doesn't have class together in Seattle (with her as a visitor).

Last year, I spent a week with her in Vancouver in August right when my internship ended. Then from the middle of October - January 2nd we stayed in an Airbnb together in Vancouver since I was able to do all of my classes for that semester remotely from anywhere. We've had no breaks or gaps in our relationship, and even if we don't begin to pursue my sponsorship immediately after we've been together a year, we will most likely begin to try and find ways for me to have long-term legal residency in Canada within the next year/year and a half.

I'm wondering if I would qualify for Conjugal Partner Sponsorship since it seems like we would fit all of the criteria. I live outside of Canada, we'll have been in a conjugal relationship together for more than a year, and the reason why we can't live with each other all the time is just the immigration barrier. I could even get approval from my job to work remotely in Vancouver, but I'd have no way to legally stay there longer than the 6 months a visitor is typically allowed to.

You don’t qualify for conjugal. There is nothing immigration-wise preventing you from getting married or living together for a continuous year. You can apply to extend your stay as a visitor so that isn’t an issue. You may not be able to work during the time you establish common law. It depends if your employer has any clients or customers in Canada and whether they have offices in Canada.

 

[sammy4427]

You don’t qualify for conjugal. There is nothing immigration-wise preventing you from getting married or living together for a continuous year. You can apply to extend your stay as a visitor so that isn’t an issue. You may not be able to work during the time you establish common law. It depends if your employer has any clients or customers in Canada and whether they have offices in Canada.

In that case, would it take a visa-extension application being rejected to be considered for it? Or would it then just be that we could get married if we wanted to and are choosing not to?

Additionally, if we're hopping back and forth every week, spending 4/7 days of the week together for a continuous year, would we fall under common law or would those 3/7 days put us out of consideration?

Thank you!

 

[scylla]

My girlfriend (Canadian citizen) and I (American citizen) have been dating for 9 months, and in June it will have been a year. I'm going to be working full-time in Seattle this summer and she lives in Vancouver, and we're most likely going to be spending weekends together in Vancouver (with me as a visitor) and weekdays when she doesn't have class together in Seattle (with her as a visitor).

Last year, I spent a week with her in Vancouver in August right when my internship ended. Then from the middle of October - January 2nd we stayed in an Airbnb together in Vancouver since I was able to do all of my classes for that semester remotely from anywhere. We've had no breaks or gaps in our relationship, and even if we don't begin to pursue my sponsorship immediately after we've been together a year, we will most likely begin to try and find ways for me to have long-term legal residency in Canada within the next year/year and a half.

I'm wondering if I would qualify for Conjugal Partner Sponsorship since it seems like we would fit all of the criteria. I live outside of Canada, we'll have been in a conjugal relationship together for more than a year, and the reason why we can't live with each other all the time is just the immigration barrier. I could even get approval from my job to work remotely in Vancouver, but I'd have no way to legally stay there longer than the 6 months a visitor is typically allowed to.

Nope - no chances of qualifying through conjugal. You face zero barriers to getting married or becoming common law. There's no immigration barrier. It's completely feasible for you to legally stay in Canada for more than six months through simply extending your stay once you are there.

 

[scylla]

In that case, would it take a visa-extension application being rejected to be considered for it? Or would it then just be that we could get married if we wanted to and are choosing not to?

Additionally, if we're hopping back and forth every week, spending 4/7 days of the week together for a continuous year, would we fall under common law or would those 3/7 days put us out of consideration?

Thank you!

Extension from within Canada will definitely be approved if you say the reason why you're doing it is to qualify for common law status so that you can be sponsored. Tons of people here have done that.

The second scenario won't work. Sooner or later one of you is going to have issues at the border entering the other country. My guess is that it will be your GF first trying to enter the US - but could be you. No way you'll be able to do this for a year.

 

[canuck78]

In that case, would it take a visa-extension application being rejected to be considered for it? Or would it then just be that we could get married if we wanted to and are choosing not to?

Additionally, if we're hopping back and forth every week, spending 4/7 days of the week together for a continuous year, would we fall under common law or would those 3/7 days put us out of consideration?

Thank you!

Common law requires you to live together full-time not half the week.

 

[sammy4427]

Nope - no chances of qualifying through conjugal. You face zero barriers to getting married or becoming common law. There's no immigration barrier. It's completely feasible for you to legally stay in Canada for more than six months through simply extending your stay once you are there.

I'm not really sure what to pursue at this point then since it seems to me like none of my options are actually feasible, and I'm not sure what else to ultimately consider besides just marriage. Because I work in the US for a multinational company, I can't do work for that company during my time in Canada as a visitor. I can't quit my job and do no work whatsoever in Vancouver for 6 months + an extension of 6 months just fully relying on my girlfriend in order to be a proper legal visitor and also establish common law with her. I can ask (and most likely be granted permission) to work remotely from Vancouver, but because it's a multinational company it seems like that would go against the requirement to do no work as a visitor. I can't ask to be relocated to a Vancouver position because I wouldn't have a work permit and would have to apply for a work visa personally, so if for whatever reason it isn't approved then I'm out of a job.

Is the only proper way to do this for me to ultimately be granted permanent residency for me to either marry my girlfriend or live with her for a year depending on her financially?

 

[scylla]

I'm not really sure what to pursue at this point then since it seems to me like none of my options are actually feasible, and I'm not sure what else to ultimately consider besides just marriage. Because I work in the US for a multinational company, I can't do work for that company during my time in Canada as a visitor. I can't quit my job and do no work whatsoever in Vancouver for 6 months + an extension of 6 months just fully relying on my girlfriend in order to be a proper legal visitor and also establish common law with her. I can ask (and most likely be granted permission) to work remotely from Vancouver, but because it's a multinational company it seems like that would go against the requirement to do no work as a visitor. I can't ask to be relocated to a Vancouver position because I wouldn't have a work permit and would have to apply for a work visa personally, so if for whatever reason it isn't approved then I'm out of a job.

Is the only proper way to do this for me to ultimately be granted permanent residency for me to either marry my girlfriend or live with her for a year depending on her financially?

The other option would be for you to qualify for PR on your own / independently through an economic immigration stream vs. relying on your GF to sponsor you (once you are either married or common law). That's the other option available to you.

 

[sammy4427]

Extension from within Canada will definitely be approved if you say the reason why you're doing it is to qualify for common law status so that you can be sponsored. Tons of people here have done that.

The second scenario won't work. Sooner or later one of you is going to have issues at the border entering the other country. My guess is that it will be your GF first trying to enter the US - but could be you. No way you'll be able to do this for a year.

I want to make sure I understand you properly here since we're currently scrambling to try and figure out what our situation for this year is going to look like haha. You're saying that there will most likely eventually be an issue with us crossing back and forth? Is this due to the frequency of the crossings or the length of the stay?

For example, if instead she stayed with me 2 days a week and I stayed with her 2 days a week, would that still be an issue? Or would the issue be that we should not be trying to go back and forth that often?

 

[sammy4427]

an economic immigration stream

The other option would be for you to qualify for PR on your own / independently through an economic immigration stream vs. relying on your GF to sponsor you (once you are either married or common law). That's the other option available to you.

I'm sorry, I'm new to this. When you say an economic immigration stream, do you mean employer-based sponsorship?

 

[scylla]

I want to make sure I understand you properly here since we're currently scrambling to try and figure out what our situation for this year is going to look like haha. You're saying that there will most likely eventually be an issue with us crossing back and forth? Is this due to the frequency of the crossings or the length of the stay?

For example, if instead she stayed with me 2 days a week and I stayed with her 2 days a week, would that still be an issue? Or would the issue be that we should not be trying to go back and forth that often?

Yes, crossing back and forth on and ongoing basis will most likely become an issue at some point. Yes, this is due to the frequency of the crossings. I would absolutely not bank on this working. Plus, I don't think this is will get you common law status. You'll have a primary address in the US and she will have a primary address in Canada. You'll just be visiting either other. IRCC will say this is not cohabitation. Cohabitation is where both of you have one and the same primary address. You'd need to relocate to Canada and make this your primary home.

 

[scylla]

I'm sorry, I'm new to this. When you say an economic immigration stream, do you mean employer-based sponsorship?

Some are employer based sponsorship and some are not. You'll need to dedicate time to researching the various programs.

Express Entry is one popular program. No employer sponsorship is required. It's a points-based program meaning those with the most points are selected. You want to have 480+ points to have a good chance of being selected. See more info here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/works.html

There are also provincial based programs. Suggest you research the programs for the province where your GF lives. See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/works.html

 

[sammy4427]

Some are employer based sponsorship and some are not. You'll need to dedicate time to researching the various programs.

Express Entry is one popular program. No employer sponsorship is required. It's a points-based program meaning those with the most points are selected. You want to have 480+ points to have a good chance of being selected. See more info here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/works.html

There are also provincial based programs. Suggest you research the programs for the province where your GF lives. See: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/works.html

Thank you, I appreciate this information and I'll take a look at all of it.

 

[canuck78]

I want to make sure I understand you properly here since we're currently scrambling to try and figure out what our situation for this year is going to look like haha. You're saying that there will most likely eventually be an issue with us crossing back and forth? Is this due to the frequency of the crossings or the length of the stay?

For example, if instead she stayed with me 2 days a week and I stayed with her 2 days a week, would that still be an issue? Or would the issue be that we should not be trying to go back and forth that often?

Common law requires you to live together all week or 1 year. A certain amount of days apart will be overlooked if you have to go on a business trip or go away for a weekend with friends a few times a year without your partner. If you work for a multinational working remotely as a visitor is unlikely to work unless they have no connection to Canada. Crossing frequently becomes an issue because CBSA will start getting concerned that you are living part-time in Canada if you cross the border every Thursday and leave Monday morning for example and not just visiting. If you want to remain in Canada as a visitor for a long period of time it is always best to avoid the border as much as possible.

 

[sammy4427]

Yes, crossing back and forth on and ongoing basis will most likely become an issue at some point. Yes, this is due to the frequency of the crossings. I would absolutely not bank on this working. Plus, I don't think this is will get you common law status. You'll have a primary address in the US and she will have a primary address in Canada. You'll just be visiting either other. IRCC will say this is not cohabitation. Cohabitation is where both of you have one and the same primary address. You'd need to relocate to Canada and make this your primary home.

This may be asking for too much, but what would seem like a more reasonable frequency to you? Every couple of weeks? Once a month? We're trying to figure out how to plan out the time before I'm able to get permanent residency through one form or another.