Help: How to become common-law (Quebec)

[Alessia1103]

Hello everybody,
I'm little confused what to do and which application is the right one.

About my situation:
I'm german (living in Germany) and my boyfriend is Canadian citizen (living next to Montreal, QC).
We first met in May 2018 and have been visiting each other every 2-3 months in Germany and Canada. We also did couple vacations together (Mexico, Portugal, Prague, New York,..). All of our family and friends have met us as a couple.

Our plan is that I'm going to live together in Canada in his condo. Am I right that a conjugal status doesn't apply to us?

My question is: How can we get a common-law status?
We will live together soon - my flight is in December (2019). My return flight is in march 2020 - I'll stay in Germany for 2-3 weeks to visit family and friends and return after. In July 2020 we'll be traveling to Germany together, but I'll stay there alone about 2 weeks longer, and return after. Is that time already counting as a 12 continuously period? My next visit in Germany is going to probably January 2021 after that.

I could continue working home office for the company I'm working in Germany at the moment. Will I need a working visa for that, or is that even possible because I'm only having tourist status at the moment.

Thank you for your advice!

 

[smallcoffee]

Conjugal doesn't apply.

You need to live under the same roof for 12 months then apply under common-law. Vacations do not count. To prove this you will need a rental agreements with both names or other various important bills with both names with same address (electricity, gas, internet, shared bank account statements, etc.)

Other option is to get married

Edit: Also, Quebec is being very annoying with immigration these days, expect at least 4 months for issuing of CSQ

 

[Alessia1103]

Thank you for your help!
So I will have to live with him with a tourist visa?
How is it if I want to work for my german company during that time?
And if I / we want to travel during that time, is it better to apply inland or outland?

 

[canuck_in_uk]

Hello everybody,
I'm little confused what to do and which application is the right one.

About my situation:
I'm german (living in Germany) and my boyfriend is Canadian citizen (living next to Montreal, QC).
We first met in May 2018 and have been visiting each other every 2-3 months in Germany and Canada. We also did couple vacations together (Mexico, Portugal, Prague, New York,..). All of our family and friends have met us as a couple.

Our plan is that I'm going to live together in Canada in his condo. Am I right that a conjugal status doesn't apply to us?

My question is: How can we get a common-law status?
We will live together soon - my flight is in December (2019). My return flight is in march 2020 - I'll stay in Germany for 2-3 weeks to visit family and friends and return after. In July 2020 we'll be traveling to Germany together, but I'll stay there alone about 2 weeks longer, and return after. Is that time already counting as a 12 continuously period? My next visit in Germany is going to probably January 2021 after that.

I could continue working home office for the company I'm working in Germany at the moment. Will I need a working visa for that, or is that even possible because I'm only having tourist status at the moment.

Thank you for your advice!

I suggest not returning in March; apply to extend your visitor status. When you go together in July, return together. Get one continuous year of cohabitation. Start collecting proofs as soon as you start living together. Get your name on bills, get a joint account, get mail etc.

 

[Alessia1103]

I suggest not returning in March; apply to extend your visitor status. When you go together in July, return together. Get one continuous year of cohabitation. Start collecting proofs as soon as you start living together. Get your name on bills, get a joint account, get mail etc.

Because of business reasons I will have to return - not only for visiting. I was reading that short periods will not cut the period, but I didn't find a definition of "short". Do you have information about that?

The shared bills etc. and phone contract will not be a problem. And we will try to get a joint account, too.

Thank you for your help!

 

[canuck_in_uk]

Because of business reasons I will have to return - not only for visiting. I was reading that short periods will not cut the period, but I didn't find a definition of "short". Do you have information about that?

The shared bills etc. and phone contract will not be a problem. And we will try to get a joint account, too.

Thank you for your help!

If you have to leave, keep it to no more than 2 weeks.

 

[Alessia1103]

If you have to leave, keep it to no more than 2 weeks.

Thank you!

 

[paigeparmy]

I suggest not returning in March; apply to extend your visitor status. When you go together in July, return together. Get one continuous year of cohabitation. Start collecting proofs as soon as you start living together. Get your name on bills, get a joint account, get mail etc.

Hi, just a follow up in relation to the poster’s question as my bf is also planning to come to canada under visit visa, and try to extend to get common law status. i am practically new to canada and ive been reading about common law partnership and how to obtain it.

Can i open a joint bank account with my boyfriend even if he only has visit visa? We also have a joint account in my home country so i guess we can add this as well.

Also, i am living with my sister’s family and i am technically not renting. So if we stayed in the same house (me and my boyfriend), and get a postpaid plan for bills purposes, will this be enough? All other bills are under my sister’s and her husband’s name, so all i can get is a postpaid plan for him. Finally, regarding his visit visa, should he declare immediately when he arrives at the immigration that we are planning to apply for common law status and try to get more than 6 months, or is it better to wait for 3 months or more and apply for extension?

 

[canuck_in_uk]

Hi, just a follow up in relation to the poster’s question as my bf is also planning to come to canada under visit visa, and try to extend to get common law status. i am practically new to canada and ive been reading about common law partnership and how to obtain it.

Can i open a joint bank account with my boyfriend even if he only has visit visa? We also have a joint account in my home country so i guess we can add this as well.

Also, i am living with my sister’s family and i am technically not renting. So if we stayed in the same house (me and my boyfriend), and get a postpaid plan for bills purposes, will this be enough? All other bills are under my sister’s and her husband’s name, so all i can get is a postpaid plan for him. Finally, regarding his visit visa, should he declare immediately when he arrives at the immigration that we are planning to apply for common law status and try to get more than 6 months, or is it better to wait for 3 months or more and apply for extension?

Note that he can't travel right now due to the restrictions.

Yes, you can open a joint account with him as a visitor. A joint account in your home country doesn't prove common-law.

Get a rental agreement when he gets here or get a notarized letter from your sister once you have lived together for a year. One bill is not enough. Look at the checklist to see what proofs are required.

No, he should not tell CBSA he wants to become common-law and stay longer. That's a good way to get refused entry. He can apply for an extension a few weeks before his status expiry.

 

[paigeparmy]

Note that he can't travel right now due to the restrictions.

Yes, you can open a joint account with him as a visitor. A joint account in your home country doesn't prove common-law.

Get a rental agreement when he gets here or get a notarized letter from your sister once you have lived together for a year. One bill is not enough. Look at the checklist to see what proofs are required.

No, he should not tell CBSA he wants to become common-law and stay longer. That's a good way to get refused entry. He can apply for an extension a few weeks before his status expiry.

Thanks very much for your prompt reply!
I understand that we wont be able to apply now due to covid situation. We are waiting until this issue dies down. Hopefully soon. Meantime, i am reading and trying to understand as much as i can the processes involved in relation to this.

Regarding the extension, wont he have any issue of overstaying if he applied for extension few weeks before expiry? My sister and i applied for extension for my parents 1.5months before visa expiry and we didnt hear from cic for almost 2 months. at that time, we decided to let our parents go back then. So i am afraid this will happen in his application as well in the future. or will cic allow “overstaying” until we hear the results from them?

i am also reading about declaring status to CRA. Do i do the update once i get the common law status or even before The 1 year of cohabitation?
Thanks again!

 

[canuck_in_uk]

Thanks very much for your prompt reply!
I understand that we wont be able to apply now due to covid situation. We are waiting until this issue dies down. Hopefully soon. Meantime, i am reading and trying to understand as much as i can the processes involved in relation to this.

Regarding the extension, wont he have any issue of overstaying if he applied for extension few weeks before expiry? My sister and i applied for extension for my parents 1.5months before visa expiry and we didnt hear from cic for almost 2 months. at that time, we decided to let our parents go back then. So i am afraid this will happen in his application as well in the future. or will cic allow “overstaying” until we hear the results from them?

i am also reading about declaring status to CRA. Do i do the update once i get the common law status or even before The 1 year of cohabitation?
Thanks again!

It isn't overstaying. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

You update CRA once you have lived together for one year.

 

[paigeparmy]

It isn't overstaying. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

You update CRA once you have lived together for one year.

Thank you very much! Really appreciate your reply!

 

[canuck78]

Thank you very much! Really appreciate your reply!

Would also add that you should indicate that you are asking for an extension so that you can live together for a year and qualify for common law sponsorship.