Declaring Common Law before PR Questions

[blue_human]

Hi all!

I'm currently in Canada right now under a work visa (started January 2019). I'm planning on applying for PR in the near future, though I have a few questions regarding my same-sex partner who's currently just on a visitor visa now and moving back to our home country in a few months. He intends to return next year on a student visa (around January 2020).

We've been together since March 2014 but have not co-habitated for one year nor married yet. In the eyes of the law, we're not exactly common-law partners yet. We are planning to do the things needed to be eligible for common law-- open a joint account together, etc, and when he moves back next year, try to find a new place where we can become joint co-signatories on the lease.

My questions are as follows:

(1) I understand that it takes one year of co-habitation before we can be declared common-law. Should I wait for this to happen before I apply for PR (so roughly Jan 2021)? Or should I apply as soon as I can (Jan 2020)?
(2) If I apply early next year (while he's just started studying in Canada), do I need to declare him as common-law even if legally we're not yet common-law (since one year hasn't passed yet)? Will this be a problem later on when we DO become common-law and he wasn't declared as such when I applied?
(3) He's taking up a 2-year college course (so Jan 2020 - 2022). I'm not sure if I start PR application Jan 2020 how long it takes to get my own PR application + PR card. Let's say I get it Jan 2021. Should I apply inland sponsorship or outland (given that his studies might end in the middle of the process)?

Really appreciate your comments guys. Thanks.

 

[kcward7]

Hi all!

I'm currently in Canada right now under a work visa (started January 2019). I'm planning on applying for PR in the near future, though I have a few questions regarding my same-sex partner who's currently just on a visitor visa now and moving back to our home country in a few months. He intends to return next year on a student visa (around January 2020).

We've been together since March 2014 but have not co-habitated for one year nor married yet. In the eyes of the law, we're not exactly common-law partners yet. We are planning to do the things needed to be eligible for common law-- open a joint account together, etc, and when he moves back next year, try to find a new place where we can become joint co-signatories on the lease.

My questions are as follows:

(1) I understand that it takes one year of co-habitation before we can be declared common-law. Should I wait for this to happen before I apply for PR (so roughly Jan 2021)? Or should I apply as soon as I can (Jan 2020)?
(2) If I apply early next year (while he's just started studying in Canada), do I need to declare him as common-law even if legally we're not yet common-law (since one year hasn't passed yet)? Will this be a problem later on when we DO become common-law and he wasn't declared as such when I applied?
(3) He's taking up a 2-year college course (so Jan 2020 - 2022). I'm not sure if I start PR application Jan 2020 how long it takes to get my own PR application + PR card. Let's say I get it Jan 2021. Should I apply inland sponsorship or outland (given that his studies might end in the middle of the process)?

Really appreciate your comments guys. Thanks.

1. You can't apply for common law if you haven't lived together for 365 days with no significant breaks in a marriage like relationship. You have to meet this requirement to apply, or marry.

2. Again, you can't apply under these circumstances. Doing that would be misrepresentation which has serious consequences.

3. Main differences of inland/outland:

Inland: both applicant and sponsor must be inside Canada at the time of submission. You can apply for the OWP alongside the inland application. The OWP however is part of a pilot program that they have not announced they are renewing (mind you, they always wait until the last minute to do so). Travel outside of Canada is not recommended on an inland application - if you are denied re-entry by CBSA, you application will be abandoned. That said, many applicants have taken short trips with no issues (pending you meet admissibility requirements you should be granted re-entry, but never guaranteed). There is no appeal option on the inland application. Inland applications are processed consistently at the 11 to 12 month mark.

Outland: applicant and sponsor can be living inside Canada, living apart internationally, living together internationally. UNLESS the sponsor is a PR, which will apply to you. You must remain inside Canada to sponsor as a PR. Travel is fine. If you're inside Canada you must maintain valid status throughout processing (like having a valid visitor visa). There is no OWP option. There is an appeal option if denied. Outland processing generally tends to be faster than inland, but not always, and falls under the same 12 month processing target.

 

[blue_human]

1. You can't apply for common law if you haven't lived together for 365 days with no significant breaks in a marriage like relationship. You have to meet this requirement to apply, or marry.

2. Again, you can't apply under these circumstances. Doing that would be misrepresentation which has serious consequences.

3. Main differences of inland/outland:

Inland: both applicant and sponsor must be inside Canada at the time of submission. You can apply for the OWP alongside the inland application. The OWP however is part of a pilot program that they have not announced they are renewing (mind you, they always wait until the last minute to do so). Travel outside of Canada is not recommended on an inland application - if you are denied re-entry by CBSA, you application will be abandoned. That said, many applicants have taken short trips with no issues (pending you meet admissibility requirements you should be granted re-entry, but never guaranteed). There is no appeal option on the inland application. Inland applications are processed consistently at the 11 to 12 month mark.

Outland: applicant and sponsor can be living inside Canada, living apart internationally, living together internationally. UNLESS the sponsor is a PR, which will apply to you. You must remain inside Canada to sponsor as a PR. Travel is fine. If you're inside Canada you must maintain valid status throughout processing (like having a valid visitor visa). There is no OWP option. There is an appeal option if denied. Outland processing generally tends to be faster than inland, but not always, and falls under the same 12 month processing target.

Thanks for the speedy reply, kcward7! I just want to clarify though for points (1) and (2). When I say here apply for PR, I mean apply for PR for myself, not for my partner. Basically:

(1) Is it preferable to apply for my own PR after we've reached common-law status, or should I go ahead and apply for my own PR even before we're common-law partners technically?
(2) In the second case that I apply even though we haven't reached common-law status yet, should I declare him as common-law in the application, or is that misrepresentation? My fear is that I've read cases here in the forums of sponsors reaching PR and not declaring their spouses in the process, and that created problems for them later on when they were sponsoring their spouses/common-law partners. In this case, I'm in a little bit of a gray area-- legally/technically we're not common-law, but have every intention to be. I don't want to misrepresent, but at the same time I don't want to be caught in that spot that I didn't declare him when I applied for my own PR.

 

[canuck_in_uk]

Thanks for the speedy reply, kcward7! I just want to clarify though for points (1) and (2). When I say here apply for PR, I mean apply for PR for myself, not for my partner. Basically:

(1) Is it preferable to apply for my own PR after we've reached common-law status, or should I go ahead and apply for my own PR even before we're common-law partners technically?
(2) In the second case that I apply even though we haven't reached common-law status yet, should I declare him as common-law in the application, or is that misrepresentation? My fear is that I've read cases here in the forums of sponsors reaching PR and not declaring their spouses in the process, and that created problems for them later on when they were sponsoring their spouses/common-law partners. In this case, I'm in a little bit of a gray area-- legally/technically we're not common-law, but have every intention to be. I don't want to misrepresent, but at the same time I don't want to be caught in that spot that I didn't declare him when I applied for my own PR.

1. Entirely your choice. No one can make that decision for you.

2. You can't declare him as your common-law partner when he isn't. That is misrepresentation. You would apply as single. If you become common-law before becoming a PR, you would then add him to your app.

 

[blue_human]

1. Entirely your choice. No one can make that decision for you.

2. You can't declare him as your common-law partner when he isn't. That is misrepresentation. You would apply as single. If you become common-law before becoming a PR, you would then add him to your app.

Thanks, canuck_in_uk! That makes sense, thanks for the reply. Are there benefits or drawbacks of applying PR with a common-law vs applying as single?

 

[canuck_in_uk]

Thanks, canuck_in_uk! That makes sense, thanks for the reply. Are there benefits or drawbacks of applying PR with a common-law vs applying as single?

I suggest you move over to the EE section of the forum for that.

 

[Mirush1417]

Hi, I am planning to apply a pr in canada.i have partner in philippines and we are same sex i declare her in my application as common law when my visa approve as working. Im a little bit confuse if i still include her in my pr application as dependant, we’ve been living since 2015 in my parents house and she is still living in our house until now..is there a posible we can be approve as pr here in canada

 

[canuck_in_uk]

Hi, I am planning to apply a pr in canada.i have partner in philippines and we are same sex i declare her in my application as common law when my visa approve as working. Im a little bit confuse if i still include her in my pr application as dependant, we’ve been living since 2015 in my parents house and she is still living in our house until now..is there a posible we can be approve as pr here in canada

Yes, you must include your common-law partner in your PR app.

 

[Mirush1417]

Yes, you must include your common-law partner in your PR app.

But common law is not legal in philippines..its complicated

 

[canuck_in_uk]

But common law is not legal in philippines..its complicated

It doesn't matter what is legal in the Philippines. Canadian law is what matters. You are common-law.