Common-Law / Spousal Sponsorship

[Aussie Jess]

Hi there,

I am hoping for some help and guidance regarding sponsorship.

My working holiday visa expired in February 2017, my boyfriend and I are common law having living together since September 2015 (we have leases in both our names up until October 2016, from this time to June 2017 we have lived with family as we were saving to coming to Australia). I had to go back to Australia in February 2017 due to a family death and therefore had to re-enter Canada in March as a Visitor.

I returned to Australia on June 13th to find work and get established for when my boyfriend arrives. The plan was that we would live here in Australia and work whilst I applied for PR outland however my boyfriend has now been offered an amazing once in a lifetime job opportunity in Canada and may end up staying.

As I have not been able to work since February 2017 I needed to return to Australia to save up some money and tie up loose ends.

We are classified as common law given that we are in a committed relationship which is ongoing, we have 18mths of living together, joint bank account, leases in our names, gym memberships in our names, travelled/holidays together, can provide written statements from family and friends etc

My questions relates to re-entry to Canada once I have money saved and applying for PR once I am back there with my boyfriend. I have been told numerous things due to the time apart and seek some clarification:

1. that to now apply under common law we would have to prove that our relationship is ongoing through our daily calls & texts, cards and eventually travel to see each other;
2. that common law would no longer apply and we would have to start the process all over again as there is a grey area over what constitutes common law when you are apart.

I am hoping that CIC would still see our relationship as ongoing (because it is), it is purely for financial reasons that I have had to come back to Australia to get $$ behind me again so I can return to Canada and apply for PR and OWP Inland and have money behind me to pay things I need to pay in Australia.

I am sorry for the long winded msg, I am worried about this and am hopeful that there are people out there who have been in a similar or the same situation and it has worked for them.

I look forward to hearing from you,
Thanks
Jess

 

[Rob_TO]

1. that to now apply under common law we would have to prove that our relationship is ongoing through our daily calls & texts, cards and eventually travel to see each other;

This is basically correct.
As long as you've cohabited for 12 continuous months in the past, you can then live apart after that time and still be considered common-law as long as you can show the relationship is continuing.
See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls. This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible. For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

 

[Aussie Jess]

This is basically correct.
As long as you've cohabited for 12 continuous months in the past, you can then live apart after that time and still be considered common-law as long as you can show the relationship is continuing.
See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls. This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible. For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

THANK YOU SO MUCH!!! We do not intended to be apart for more than 6mths, this gives me enough time to get sufficient $$ behind me to pay of monthly debts in Australia whilst I am in Canada collating all the PR paperwork and submitting same (I will try to get this all together too before I leave as I'd like to be able to get OWP asap to reduce the employment downtime.).

I do have a further few questions...is it still dependant on the reviewing officers view if they feel there is still a relationship or with the proof we will provide that should be sufficient?

 

[Aussie Jess]

This is basically correct.
As long as you've cohabited for 12 continuous months in the past, you can then live apart after that time and still be considered common-law as long as you can show the relationship is continuing.
See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present (see also 5.44 for information on persecution and penal control). Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls. This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible. For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.

Sorry to bother you again Rob - do you know of anyone on this site that has gone through a similar situation and has had success?
I am not sure if I should also seek Lawyer advice or not?

 

[Rob_TO]

THANK YOU SO MUCH!!! We do not intended to be apart for more than 6mths, this gives me enough time to get sufficient $$ behind me to pay of monthly debts in Australia whilst I am in Canada collating all the PR paperwork and submitting same (I will try to get this all together too before I leave as I'd like to be able to get OWP asap to reduce the employment downtime.).

I do have a further few questions...is it still dependant on the reviewing officers view if they feel there is still a relationship or with the proof we will provide that should be sufficient?

The proof you have should be more than enough, I really wouldn't worry about it. A lawyer would just be a waste of money. Just ask any questions on the process to this forum for free.

Also you should consider applying immediately for PR using outland process. While the app is processing you can stay in Canada as a visitor or go back to Australia to work. Either way is fine. No OWP with an outland app, but once PR is approved you can then move permanently to Canada and work freely. Outland apps through Sydney visa office should be pretty quick.

If you wait to get back to Canada and submit an inland app, it will be 3-4 months just to get the OWP, and then could be a long wait to get full PR status during which time you're not advised to leave Canada.

 

[Aussie Jess]

The proof you have should be more than enough, I really wouldn't worry about it. A lawyer would just be a waste of money. Just ask any questions on the process to this forum for free.

Also you should consider applying immediately for PR using outland process. While the app is processing you can stay in Canada as a visitor or go back to Australia to work. Either way is fine. No OWP with an outland app, but once PR is approved you can then move permanently to Canada and work freely. Outland apps through Sydney visa office should be pretty quick.

If you wait to get back to Canada and submit an inland app, it will be 3-4 months just to get the OWP, and then could be a long wait to get full PR status during which time you're not advised to leave Canada.

Yes I know what you are saying, alot of people have advised it is a waste of money getting a lawyer but I guess its hard to be sure you are doing the right thing unless you come across people of have done something similar. How do you know alot of information about this process? Have you applied yourself previously?

I have thought about applying outland asap however the time in which it takes to get all the paperwork together whilst working here might be close to 3mths at which time I would be half way to getting the money together to go back to canada and then if I applied then I would have to wait almost a year to get the PR approved...do you know what I mean?

With the outland app being through Sydney does that mean I send it directly to Sydney? or does it still have to go to Canada then sent back to Sydney (I am based in Melbourne).?

 

[Rob_TO]

Yes I know what you are saying, alot of people have advised it is a waste of money getting a lawyer but I guess its hard to be sure you are doing the right thing unless you come across people of have done something similar. How do you know alot of information about this process? Have you applied yourself previously?

Yes many years ago I sponsored my common-law partner (now wife) to Canada.

The thing with lawyers also is that there are many bad ones out there who will not do a good job on the app. There are countless stories on this forum of people who spent thousands on lawyers only to get bad advice or had errors in their apps leading to delays and complications. For a basic app that doesn't involve criminality or other serious issues, really a lawyer is not needed. The collective info on this forum is much better (and free).

I have thought about applying outland asap however the time in which it takes to get all the paperwork together whilst working here might be close to 3mths at which time I would be half way to getting the money together to go back to canada and then if I applied then I would have to wait almost a year to get the PR approved...do you know what I mean?

It shouldn't take 3 months to get the paperwork together. Most of the apps can be filled in relatively quickly. If you already have your proofs of cohabitation those should also be quick to put together. And of course the police checks and medical exam you get after submitting the app so not even needed upfront.

If you are dedicated a few weeks at most should be all that's needed. Have you actually gone through the guide and forms?

With the outland app being through Sydney does that mean I send it directly to Sydney? or does it still have to go to Canada then sent back to Sydney (I am based in Melbourne).?

No, all outland apps from every country are sent to same address at CPC-Mississauga. Once Mississauga approves the sponsor, they would then forward the app to Sydney (or sometimes they just keep it in Canada to process).

 

[Aussie Jess]

Yes many years ago I sponsored my common-law partner (now wife) to Canada.

The thing with lawyers also is that there are many bad ones out there who will not do a good job on the app. There are countless stories on this forum of people who spent thousands on lawyers only to get bad advice or had errors in their apps leading to delays and complications. For a basic app that doesn't involve criminality or other serious issues, really a lawyer is not needed. The collective info on this forum is much better (and free).



It shouldn't take 3 months to get the paperwork together. Most of the apps can be filled in relatively quickly. If you already have your proofs of cohabitation those should also be quick to put together. And of course the police checks and medical exam you get after submitting the app so not even needed upfront.

If you are dedicated a few weeks at most should be all that's needed. Have you actually gone through the guide and forms?



No, all outland apps from every country are sent to same address at CPC-Mississauga. Once Mississauga approves the sponsor, they would then forward the app to Sydney (or sometimes they just keep it in Canada to process).

I am in the process of reading the basic guide then I will read the in depth guide. The other thing is with my boyfriend in Canada and myself in Melbourne I don't know how we are going to fill in the forms and have both signed etc as I gather originals are needed to be sent?

 

[Aussie Jess]

I am in the process of reading the basic guide then I will read the in depth guide. The other thing is with my boyfriend in Canada and myself in Melbourne I don't know how we are going to fill in the forms and have both signed etc as I gather originals are needed to be sent?

If they decide to keep the application in Canada rather than sending to Sydney does that mean it will take longer?
Also - my boyfriend is currently living in Quebec....does that pose another problem or can we just apply through Federal Outland?

 

[Rob_TO]

I am in the process of reading the basic guide then I will read the in depth guide. The other thing is with my boyfriend in Canada and myself in Melbourne I don't know how we are going to fill in the forms and have both signed etc as I gather originals are needed to be sent?

You would print out and sign all the required forms for applicant, and mail them to your partner in Canada. He would finish the forms and also sign, and submit the final package to CPC-Mississauga.
Original signatures only.

If they decide to keep the application in Canada rather than sending to Sydney does that mean it will take longer?

No, it would still be processed as an outland app. Sometimes outland apps that stay in Canada are processed much quicker.

Also - my boyfriend is currently living in Quebec....does that pose another problem or can we just apply through Federal Outland?

You submit all the same forms to CPC-Mississauga just like any other province. However then there is 1 extra step for Quebec and that is to get CSQ. You can also read how to do this on CIC website. Not too familiar with this process, but I believe you do it after the initial app is submitted.

 

[Aussie Jess]

You would print out and sign all the required forms for applicant, and mail them to your partner in Canada. He would finish the forms and also sign, and submit the final package to CPC-Mississauga.
Original signatures only.
Ok - thank you


No, it would still be processed as an outland app. Sometimes outland apps that stay in Canada are processed much quicker.

I hope so, that would be amazing. I am going to start working on everything now, but starting work is the priority at the moment.

You submit all the same forms to CPC-Mississauga just like any other province. However then there is 1 extra step for Quebec and that is to get CSQ. You can also read how to do this on CIC website. Not too familiar with this process, but I believe you do it after the initial app is submitted.

Yes - getting CSQ - I believe adds on another 3mths or so. But my boyfriend was saying that you can choose to do it through the federal system or through Quebec...I didn't think there was a difference you just have to lodge it through where ever you a living...not sure

I am on a acouple of forums on fb one of which a girl was telling me that the definition of common law for CIC was 'living together as a married couple'. And that the twelve months is just an extra rule and since we are not living together as a married couple, you don't qualify for common law.....
I am not sure she really knows what she is talking about but I got slightly concerned reading her comments because what you have shown me makes sense and seems to be the case.

 

[sylvain1]

Yes - getting CSQ - I believe adds on another 3mths or so. But my boyfriend was saying that you can choose to do it through the federal system or through Quebec...I didn't think there was a difference you just have to lodge it through where ever you a living...not sure

I am on a acouple of forums on fb one of which a girl was telling me that the definition of common law for CIC was 'living together as a married couple'. And that the twelve months is just an extra rule and since we are not living together as a married couple, you don't qualify for common law.....
I am not sure she really knows what she is talking about but I got slightly concerned reading her comments because what you have shown me makes sense and seems to be the case.

What @Rob_TO copied/paste for you comes from the immigration manual, you can't find a more reliable source than that! He also provided you the link to download the manual.
Regarding the CSQ, it's not longer to process, it's an extra fee and it's not optional. If he lives now in Quebec, he will have to apply for an undertaking agreement and a CSQ with the MIDI. CIC will send you a request to apply for those during the processing of your application.

 

[Rob_TO]

I am on a acouple of forums on fb one of which a girl was telling me that the definition of common law for CIC was 'living together as a married couple'. And that the twelve months is just an extra rule and since we are not living together as a married couple, you don't qualify for common law.....
I am not sure she really knows what she is talking about but I got slightly concerned reading her comments because what you have shown me makes sense and seems to be the case.

Ignore this person as they have absolutely no clue what they're talking about.

Once you have lived together 12 continuous months as a couple, you are then legally common-law for immigration. Of course you don't have to be married. Although the relationship should be "marriage-like" in terms of being totally exclusive, dependent on each other, share accounts, etc.

 

[canadianwoman]

The definition of common-law for CIC is that you two must live together for 12 continuous months, and that your relationship is like that of a married couple. You do not have to be a married couple to be common-law.
There is no option to apply either federally or through Quebec. Since the sponsor is living in Quebec, you have to do the extra step of getting the CSQ.