Rules

[Jbird]

I

 

[zardoz]

What is our best move.
I met my partner in Canada in June.
He is from Spain and we began cohabiting in July .
He extended his 6 mnth visa and was granted an extra 3 months .
He just left back to Spain to see his family but wants to return asap .
Can we proceed with a common law sponsorship?
Will he be allowed to reenter ? How long must he wait?
Should we restart the common law time frame when and if he re- enters and then apply after 6 mnths for another 6 month extension and then go for common law ? Any links to threads or directions much appreciated!!

No, based on the information you provided you are not yet common-law. Common-law requires 12 contiguous months of cohabitation. You will probably need start all over again from the beginning if he doesn't get back to you within a couple of weeks.

 

[Jbird]

Thnx

 

[zardoz]

And could he reenter Canada after just being away a couple weeks ? Or will there be an issue ?

That's totally up to the CBSA officer that he deals with at the Port of Entry. Nobody here can offer any guarantees of how that will work out

 

[Jbird]

Thnx again

 

[zardoz]

And if he can come back right away does he say he is in a common law relationship? Thnx again

Generally, we advise only to answer the questions that are asked, truthfully. He is not yet in a common-law relationship. That only becomes true AFTER the 12 months of cohabitation.

 

[Jbird]

He has evidence he left on time before and money to support himself

 

[zardoz]

Ok so he is coming back on a tourist visa .
He has evidence he left on time before and money to support himself .
However as he will be staying with me is it helpful to have me write a letter saying he has room and board?
Thanks!

There are others on the forum who might be better able to answer that. Sometimes, what looks like it might be helpful is actually exactly the wrong thing. @Bryanna @scylla

 

[Jbird]

Thanks @Bryanna@scylla please pipe in when you can

 

[Bryanna]

Ok so he is coming back on a tourist visa .
He has evidence he left on time before and money to support himself .
However as he will be staying with me is it helpful to have me write a letter saying he has room and board?
Thanks!

He stayed for eight months, right? He was just 4-5 months short of applying for common-law sponsorship. Probably would have helped if he had applied for yet another extension by mentioning about wanting to become common-law. Anyway.

When he returns, the clock to become common-law would get reset. This means he would need 12 continuous months of stay like @zardoz has mentioned to be able to apply for PR.

I think he might face some questioning when he returns this time. He would need to bring more, compelling evidence than just the proof of funds for his stay. For example, does he work online/remote? A return ticket, enrollment in school, etc.

Not sure if he will be allowed entry this time or maybe he could be given a shorter stay. Why? He had applied to extend his previous stay by 6 months but he was allowed an extended stay of only 3 months + he would be returning too soon

 

[Jbird]

He stayed for eight months, right? He was just 4-5 months short of applying for common-law sponsorship. Probably would have helped if he had applied for yet another extension by mentioning about wanting to become common-law. Anyway.

When he returns, the clock to become common-law would get reset. This means he would need 12 continuous months of stay like @zardoz has mentioned to be able to apply for PR.

I think he might face some questioning when he returns this time. He would need to bring more, compelling evidence than just the proof of funds for his stay. For example, does he work online/remote? A return ticket, enrollment in school, etc.

Not sure if he will be allowed entry this time or maybe he could be given a shorter stay. Why? He had applied to extend his previous stay by 6 months but he was allowed an extended stay of only 3 months + he would be returning too soon

He only asked for a *3 month extension.

 

[Bryanna]

He only asked for a *3 month extension.

Okay. I thought he had asked for another 6 months.

And that was what he received sorry if unclear ...does that improve his lot ?

He could have applied to extend his stay by another 6 months by stating he wanted to become common-law. Anyway

He will likely purchase a return ticket for his entry .
I will look into some classes ...thank you !!

Anything else? A lease or mortgage in Spain? He financially supports his family (and can prove it)?

He might be asked for evidence of his ties to Spain.... or he might not be asked anything when he returns. These evidence would help for the 'just in case he's asked' scenario

 

[Jbird]

Thank you .
No mortgage or lease
No dependants
Wish we would have gone for the 6 month extension

 

[scylla]

Thank you .
No mortgage or lease
No dependants
He is 46 and has mother, father, sister and brother there but does not own property.
Wish we would have gone for the 6 month extension

How long has he been gone? 2 weeks? 3 weeks? More?

 

[Jbird]

Thnx