Common Law Sponsorship

[Cj88]

Been trying to get a handle on all this, Myself Canadian Citizen my gf American Citizen. Been seeing each other for about a year now (visit each other every month or so) and looking for ways to live together.

Neither of us have a degree so only way i could be with her in the states is through marriage, since i don't qualify for TN visa and or Hb1 doesn't seem possible.

I've been reading on common law sponsorship. My understanding is she could come visit me for 6months and we would somehow ask for an extension of her visit for another 6months to enable 1 year of living together? which would allow the filing as common law for permanent residence.

Has anyone done this or doing this? Looking for advice etc..

Thanks for your time

 

[King256]

Yes it's perfectly good to go the common-law route and tons do. Keep in mind, while your partner is visiting though they can not work/study unless they have a work/study visa.

 

[Cj88]

Thank you for quick response!

If she wanted to go back to visit in the states during that time am assuming would be ok?

Just risking possible border denial for entry into Canada?

 

[King256]

Would need a senior member to answer that. It's one I can not answer 100%

 

[Rob_TO]

Thank you for quick response!

If she wanted to go back to visit in the states during that time am assuming would be ok?

Just risking possible border denial for entry into Canada?

It must be 12 continuous months to qualify as common-law. Any trips taken to the US by herself, should be temporary & short so not more than a few weeks in length. And not too many trips apart over the 12 months qualifying time.

 

[WillNAS]

Sounds like a good plan. Start collecting proof of your relationship now! Texts, facebook messages ect.

 

[canuck_in_uk]

Sounds like a good plan. Start collecting proof of your relationship now! Texts, facebook messages ect.

Note that such communication proofs are not proof of common-law and aren't even required for couples that live together.

 

[Cj88]

Thanks for all the responses! Things aren't moving too fast.. so will keep learning

Thanks again

 

[Cj88]

Hello there, So things have now changed somewhat..

My Gf was on her way to visit for 6months and if all went well to extend her stay and do common-law etc..

This trip she was detained and not allowed into Canada due to her dui from 2013.

So.. just learning more now.. does this mean she can try to be "deemed rehabilitated" in 2018 5years after by filing out all the paper work etc.. would we still be able to do the common-law route

Is crazy how messed up this process is, then hear about people that are Canadian citizen's who have known terrorist ties.. Or certain groups that have crossed across the border in Quebec and are being housed in Canada.. Is even more funny in a way that she has traveled here half a dozen times.. Of course it would be this trip that this would be an issue..

Other option would be for me to move to the states.. but that would require a fiance or marriage visa.. and I am more secure here than if had to start with her there.. Makes it tougher because if I just visit her for 6months in the states there is no easy way to a more permanent visa like it is on the Canadian side.. And I have to wait for my citizenship to be corrected .. A typo that was made over 25years ago and doesn't match any of my other id, is taking over a year so far to be fixed :|

Thanks for your time!

 

[spousalsponsee]

This trip she was detained and not allowed into Canada due to her dui from 2013.

So.. just learning more now.. does this mean she can try to be "deemed rehabilitated" in 2018 5years after by filing out all the paper work etc.. would we still be able to do the common-law route

Not quite. She would be deemed rehabilitated in 2023 at the earliest (ten years after completing anything that arose from the offence - so if she was given a fine, or put on probation, or had her licence revoked, then the ten years starts whenever that ended).

She can apply for rehabilitation five years after the same conditions (so 2018 at the earliest - but to illustrate how that could change, if for example she'd been given a fine, and hasn't paid it yet, and pays it tomorrow, then she wouldn't be eligible until 2022, five years from now).

Is crazy how messed up this process is, then hear about people that are Canadian citizen's who have known terrorist ties.. Or certain groups that have crossed across the border in Quebec and are being housed in Canada.. Is even more funny in a way that she has traveled here half a dozen times.. Of course it would be this trip that this would be an issue..

Canadian citizens have a Charter right of entry, so being convicted of anything means they have a right to enter the country. Known terrorist ties mean a person doesn't get to have any kind of status in Canada. Refugees are assessed, and frequently returned. Your g/f should have been refused for criminal inadmissibility in the past.

Other option would be for me to move to the states.. but that would require a fiance or marriage visa.. and I am more secure here than if had to start with her there.. Makes it tougher because if I just visit her for 6months in the states there is no easy way to a more permanent visa like it is on the Canadian side..

Visting for 6 months would get her nothing on the Canadian side, she'd need to live with you for a year. If you got married, she could get you a K class fiance visa, or a an IR1 immigrant visa. If she'd lived with you for a year in Canada, then because Canada would consider you a common law couple, the US might recognize that for immigration purposes as well (a CL r/s has to be valid in the jurisdiction where it happened).

 

[Cj88]

Thanks for your help!

Is funny how we are controlled as people.. freedom feels free till you reach the end of the chain tied to your foot.

 

[Cj88]

Back again, hope you all are well. From what I have gathered 2021 would be the 5 years for rehabilitation date.

My question now is, do we just state our plans on the TRP and rehabilitation forms?

We hope she can visit and live with me indefinitely here in Canada. I understand for that to happen she would need to get approved for rehabilitation. Then I can sponsor her as common-law or wife if we are married by then.

So do we state that we hope she has her TRP approved long enough for her rehabilitation to be approved?

Is there anyway to find out why someone was denied at the border?

Thanks for all your help, reading on the forum has been helpful