Sponorship of a Common-law Partner to allow entry to Canada

[waldo91]

To provide some background information; my partner and I have met back during our undergrad in about 2011 in Lebanon. We hit it off, fell in love, and have been dating ever since. In about mid 2012 we moved in together, graduated 2013, and stayed living together till about mid 2014. In about 2015, she moved to Canada to do her PHD and is currently 2 years into a 4-5 year program and we would like to be together for the remainder of that time because anything beyond 2 years long-distance becomes a bit difficult. She is a full-time student who also works at the university with a decent wage. She is not a Canadian citizen but has a study permit in Canada and we have read on CIC (http://www.cic.gc.ca/english/study/work-spouse.asp) that a student is able to sponsor their partner temporary entry into Canada allowing them to work and stay in Canada up until the sponsor completes their education.

The issue here is that there is no such thing as Common-law partnership in Lebanon and it is also against customs for members of the opposite sex to live together when they are not family or engaged to be married. Therefore, the rental agreement we had needed to be split into two contracts for the same apartment. One contract in her name and one in my name. The questions:
1- Would the two separate contracts be valid to apply with as the same rental agreement? Do we need to offer any other documents explaining the customs of Lebanon and why they are two different contracts?

2- What other documents can we provide? How much supporting documents are need? 1 document or several?
I have placed her name on my life insurance when I was working in Lebanon. We have paid for each others plane tickets and loans at one time or another but I'm not sure if that is considered expenditure as partners (if it is, then please inform me) or how could we prove that we paid for each other? Bank receipts? Is internet also considered a utility? Because the internet at our home was in her name but we would both pay it.

3- Is it better to be done while I am in Canada or abroad?
I am US citizen and therefore have been in Canada on and off for the past 6 months living with my partner. Would it be better/faster/improve our chances if I am in Canada or abroad?

Thanks in advance!
waldo

 

[Alurra71]

Since she is not actually sponsoring you for PR she only needed to list you as her common law partner on her paperwork. If she did that, then you should be able to apply for a work permit, I believe, based on her permit and status. Once she is able to apply for PR, if that is the intention, she will list you as her dependent.

 

[waldo91]

Since she is not actually sponsoring you for PR she only needed to list you as her common law partner on her paperwork. If she did that, then you should be able to apply for a work permit, I believe, based on her permit and status. Once she is able to apply for PR, if that is the intention, she will list you as her dependent.

Hi Alurra,

Thanks for replying!

Just to clarify a few points. "she only needed to list you as her common law partner on her paperwork" What paperwork do you mean? And is this before she came to Canada or can she list me as her common law partner now? If she can list me now, then where can she list me?

 

[scylla]

Hi Alurra,

Thanks for replying!

Just to clarify a few points. "she only needed to list you as her common law partner on her paperwork" What paperwork do you mean? And is this before she came to Canada or can she list me as her common law partner now? If she can list me now, then where can she list me?

She should have listed you as her common law partner when she applied for the study permit. So yes - before she came to Canada and when she first applied for the study permit. If she failed to do that and listed herself as single, you're probably going to have a real uphill battle getting CIC to accept you as common law now. Having said that, you can certainly try applying for an OWP. Understand that while you are allowed to apply for the OWP if you are common law / married - that certainly by no means guarantees approval (you have the right to apply but not the right to be approved). We see lots of refusals on this forum. One of the things you'll want to demonstrate is strong ties to your home country to prove you have no plans on remaining in Canada long term. This is one of the common refusal reasons for OWPs.

Highly unlikely the rental agreement on its own will be accepted as proof of common law. You'll need to show more to prove cohabitation and your relationship (e.g. utility bills in both of your names, phone/internet bills in both of your names, joint bank accounts, etc.).

FYI - You're actually posting your questions to the wrong section of the forum. Discussions about people in your situation can be found in the International Students and Foreign Workers section of the forum. This section is for Canadians who are sponsoring their family members for PR. May be worthwhile to move over to the right section of the forum and read through the threads and discussions there on how to apply. I would also recommend you read through old threads to see refusal reasons (since refusals are quite common).