Applying for Common Law PR, but should we extend Visitor Visa first?

[jules4730]

Thanks in advance for all your help. Here's our timeline:

I'm Canadian, he's Australian.

-July 2017 we meet and begin relationship (he's on IEC Visa)
-December 1, 2017 he moves in with me
-December 25, 2018 he moves back to Australia
-December 4, 2019 he comes back to Canada on Visitor Visa (valid for 6 months)
- COVID HAPPENS lol and slows our plans.

Now we have this:
-Common Law PR Application filled out
- Not much to prove our living together, we do have 3 pieces of his mail, lots of mine, as well as his license with our address, and a letter from our Property Manager since his name isn't on the lease it's mine. Lots of letters from friends/family. Lots of pictures.

Technically his 6 month visitor visa would expire June 4, 2020.

Should we first apply for an extension on his visitor status? If so, the website says that will take 127 days approximately. Does that mean we have to wait for that to be approved before we can apply for residency/OWP?

In which case our funds are just left draining for even more time... 127 days waiting for visitor status extension, and then the 4-5 months waiting for OWP to be approved...

What is the recommendation here?

 

[scylla]

Thanks in advance for all your help. Here's our timeline:

I'm Canadian, he's Australian.

-July 2017 we meet and begin relationship (he's on IEC Visa)
-December 1, 2017 he moves in with me
-December 25, 2018 he moves back to Australia
-December 4, 2019 he comes back to Canada on Visitor Visa (valid for 6 months)
- COVID HAPPENS lol and slows our plans.

Now we have this:
-Common Law PR Application filled out
- Not much to prove our living together, we do have 3 pieces of his mail, lots of mine, as well as his license with our address, and a letter from our Property Manager since his name isn't on the lease it's mine. Lots of letters from friends/family. Lots of pictures.

Technically his 6 month visitor visa would expire June 4, 2020.

Should we first apply for an extension on his visitor status? If so, the website says that will take 127 days approximately. Does that mean we have to wait for that to be approved before we can apply for residency/OWP?

In which case our funds are just left draining for even more time... 127 days waiting for visitor status extension, and then the 4-5 months waiting for OWP to be approved...

What is the recommendation here?

Based on what you've written, the main concern here is your lack of evidence to prove 12 months of continuous cohabitation. If you are looking to submit the common law application now, the period of cohabitation you need to provide evidence for is December 2017 to December 2018. Do you have evidence to support that period of living together?

 

[jules4730]

We have a copy of his Tax return assessment, his HST cheques, mail sent here from his bank with a renewal debit card, copy of his license.

I'm in the works of getting a hold of our lease agreement together. If we have that, would that tie up loose ends?

And overall, I really want to know if we apply for the visitor extension today, do we have to wait til we hear back about that before we can send in the PR application?

 

[scylla]

We have a copy of his Tax return assessment, his HST cheques, mail sent here from his bank with a renewal debit card, copy of his license.

I'm in the works of getting a hold of our lease agreement together. If we have that, would that tie up loose ends?

And overall, I really want to know if we apply for the visitor extension today, do we have to wait til we hear back about that before we can send in the PR application?

Do both of your Canadian tax returns for 2018 state you are common law rather than single? Have you continued to list yourself as common law in your CRA return since then? This will be important. Yes, the joint lease will be good evidence.

Yes, I would apply for the visitor extension. No, you don't have to wait to hear back before you apply for PR.

 

[jules4730]

Do both of your Canadian tax returns for 2018 state you are common law rather than single? Have you continued to list yourself as common law in your CRA return since then? This will be important. Yes, the joint lease will be good evidence.

Yes, I would apply for the visitor extension. No, you don't have to wait to hear back before you apply for PR.

Awesome, thank you.

No we did not state common law for those things since he was back in AUS then and we didn't know If he would be coming back and didn't want to state anything wrong. I explain that in The application I'm hoping that suits.

 

[scylla]

Awesome, thank you.

No we did not state common law for those things since he was back in AUS then and we didn't know If he would be coming back and didn't want to state anything wrong. I explain that in The application I'm hoping that suits.

You should refile your taxes as common law from that period forward.