Coming as a Visitor to gain Common-law Partner Requirements

[ciaccoberry]

Dear all,

I am Italian (visa-exempt country) and my girlfriend is a Canadian citizen. We have been together for 2 years in Europe while studying, but now she moved back to Canada to work. I am now currently living in Italy and I am unemployed. I would like to immigrate to Canada in order to live together, and we were looking into Family Sponsourship.

As we are not married, we were thinking of the common-law partners category. However, we did not live together in Canada for 12 consecutive months. Moreover, we also do not have any documents (rent / bills / etc.) that has both our names on it.

Therefore, my idea was to come to Canada as a visitor and start to live with her there, but I am not so sure if this is possible. My doubts especially concerns what I am supposed to say at the Port of Entry to the officer.

Should I tell him that I am coming to Canada to live with my girlfriend so that we can gain the 12 months requirement for the common-law? (I know that I can only get a 6 months visa max but then I can ask for an extension saying that I would like to reach the 12 months of co-habiting and this thread suggest this https://www.canadavisa.com/canada-immigration-discussion-board/threads/canadian-girlfriend-american-boyfriend.413242/ )

or should I just tell the officer that I am coming to "visit" her? or should I just tell that I am just visiting a friend?

I read that lying to the officer is one of the worst thing to do, but also saying that you are in a relationship with a Canadian while entering as a visitor is not good either... I am a bit confused and I hope somebody is willing to share their knowledge / experience.

Thank you so much in advance for your help.

 

[canuck78]

Have you looked into IEC? You would say that you are coming to visit your girlfriend. Then when you extend your visa online before the 6 months visit you can say you are trying to qualify for common law. You may be asked how you plan to support yourself while in Canada so make sure you have money in your account when you arrive or could be refused. Sounds like you have just graduated and have been unemployed so you may not have much money in your account. At least a few thousand Canadian dollars would be reassuring if you get asked how you will support your stay. Coming from the EU you shouldn't get a ton of questions but because you are young this may a concern.

 

[canuck_in_uk]

Dear all,

I am Italian (visa-exempt country) and my girlfriend is a Canadian citizen. We have been together for 2 years in Europe while studying, but now she moved back to Canada to work. I am now currently living in Italy and I am unemployed. I would like to immigrate to Canada in order to live together, and we were looking into Family Sponsourship.

As we are not married, we were thinking of the common-law partners category. However, we did not live together in Canada for 12 consecutive months. Moreover, we also do not have any documents (rent / bills / etc.) that has both our names on it.

Therefore, my idea was to come to Canada as a visitor and start to live with her there, but I am not so sure if this is possible. My doubts especially concerns what I am supposed to say at the Port of Entry to the officer.

Should I tell him that I am coming to Canada to live with my girlfriend so that we can gain the 12 months requirement for the common-law? (I know that I can only get a 6 months visa max but then I can ask for an extension saying that I would like to reach the 12 months of co-habiting and this thread suggest this https://www.canadavisa.com/canada-immigration-discussion-board/threads/canadian-girlfriend-american-boyfriend.413242/ )

or should I just tell the officer that I am coming to "visit" her? or should I just tell that I am just visiting a friend?

I read that lying to the officer is one of the worst thing to do, but also saying that you are in a relationship with a Canadian while entering as a visitor is not good either... I am a bit confused and I hope somebody is willing to share their knowledge / experience.

Thank you so much in advance for your help.

Hi

You say you didn't live together for 12 months in Canada. Did you live together for at least 12 continuous months in Europe?

 

[ciaccoberry]

Have you looked into IEC? You would say that you are coming to visit your girlfriend. Then when you extend your visa online before the 6 months visit you can say you are trying to qualify for common law. You may be asked how you plan to support yourself while in Canada so make sure you have money in your account when you arrive or could be refused. Sounds like you have just graduated and have been unemployed so you may not have much money in your account. At least a few thousand Canadian dollars would be reassuring if you get asked how you will support your stay. Coming from the EU you shouldn't get a ton of questions but because you are young this may a concern.

Thank for the answer! I am already in the pool for the working holiday.
Yes, you guessed correctly my situation, do you think a statement from my parents saying that they could support me in case of necessity would be more reassuring?

 

[ciaccoberry]

Hi

You say you didn't live together for 12 months in Canada. Did you live together for at least 12 continuous months in Europe?

Yes, but we do not have any written proof of it (no shared contract or bills), since we were in an apartment with other people that had their names on the documents...

 

[canuck_in_uk]

Yes, but we do not have any written proof of it (no shared contract or bills), since we were in an apartment with other people that had their names on the documents...

No mail at that address? Payslips? Phone bills? Tax documents? IDs? Shipping receipts? Can you get letters from your housemates?

 

[ciaccoberry]

No mail at that address? Payslips? Phone bills? Tax documents? IDs? Shipping receipts? Can you get letters from your housemates?

Well, maybe we had a couple of letters but we didn't keep them! All bills were at landlady's name, and we have no payslips and no tax documents since we were just students... I guess the only thing we can surely get are letters from our housemates, but IMO I think it is just too little evidence.

 

[garbimba]

Well, maybe we had a couple of letters but we didn't keep them! All bills were at landlady's name, and we have no payslips and no tax documents since we were just students... I guess the only thing we can surely get are letters from our housemates, but IMO I think it is just too little evidence.

Not even online shopping receipts? Paypal, ebay, amazon accounts, etc etc?

The problem with your plan to visit Canada to acquire common law is that once you hit the 1 year mark you may be out of status. Is there any reason why you can't get married? I mean if the relation is genuine and she wants to sponsor you, then getting married should be a no brainer. Or is there any valid reason you can't do it at all? These are things an immigration officer may question...

 

[canuck_in_uk]

Not even online shopping receipts? Paypal, ebay, amazon accounts, etc etc?

The problem with your plan to visit Canada to acquire common law is that once you hit the 1 year mark you may be out of status. Is there any reason why you can't get married? I mean if the relation is genuine and she wants to sponsor you, then getting married should be a no brainer. Or is there any valid reason you can't do it at all? These are things an immigration officer may question...

It is a simple process to extend visitor status, so that is not an issue.

IRCC does not question why common-law couples don't marry. That would defeat the whole purpose of having the common-law category.

 

[canuck_in_uk]

Well, maybe we had a couple of letters but we didn't keep them! All bills were at landlady's name, and we have no payslips and no tax documents since we were just students... I guess the only thing we can surely get are letters from our housemates, but IMO I think it is just too little evidence.

School correspondence? No cell phone bills? You didn't have bank accounts or credit cards?

 

[garbimba]

It is a simple process to extend visitor status, so that is not an issue.

IRCC does not question why common-law couples don't marry. That would defeat the whole purpose of having the common-law category.

True, but why wait for a year when they could get started right away? And I meant as question the relationship a bit more due to the fact that visiting someone and living with someone are not necessarily the same thing. I'm just thinking of a worst case scenario.

 

[YamPower]

Why not just get married if the relationship is genuine? I don't think you can use immigration to test out the viability of a relationship.

 

[canuck_in_uk]

True, but why wait for a year when they could get started right away? And I meant as question the relationship a bit more due to the fact that visiting someone and living with someone are not necessarily the same thing. I'm just thinking of a worst case scenario.

It will not lead to questioning. It's pretty standard for someone to come to Canada as a visitor for a year to become common-law.

Why not just get married if the relationship is genuine? I don't think you can use immigration to test out the viability of a relationship.

Given that they've been together for 2 years, it is safe to say that they aren't testing the viability of a relationship.

 

[ciaccoberry]

Thank you all for the answers!

It is reassuring to know that in theory I would be allowed to come to Canada for one year in order to get common-law status. However, I am also looking into ways of having a work permit for the period; that's why I registered for the pool for WHV

And while I'll be in Canada, we will try to have also some official documents to prove our common-law status (shared lease, bank account, bills, etc.) as before in Europe we were not thinking about this issue!

Quoting subsection A22(2) of the IRPA: "An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.”

To sum up, do you confirm me that if I'd like to come as a tourist for the purpose of living with my girlfriend to get common-law status I shouldn't have any problem at the port of entry? And I guess my gf should write a letter of invitation to make it official, right?

 

[canuck_in_uk]

Thank you all for the answers!

It is reassuring to know that in theory I would be allowed to come to Canada for one year in order to get common-law status. However, I am also looking into ways of having a work permit for the period; that's why I registered for the pool for WHV

And while I'll be in Canada, we will try to have also some official documents to prove our common-law status (shared lease, bank account, bills, etc.) as before in Europe we were not thinking about this issue!

Quoting subsection A22(2) of the IRPA: "An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.”

To sum up, do you confirm me that if I'd like to come as a tourist for the purpose of living with my girlfriend to get common-law status I shouldn't have any problem at the port of entry? And I guess my gf should write a letter of invitation to make it official, right?

When you enter, you are coming to visit your partner. Don't tell CBSA that you plan to live here. You should have a return ticket booked. Don't bring a letter of invitation.