Common Law Sponsorship//Visitor Extension DEC 2020

[kcm]

Hello,
My partner arrived in Canada January 11th of this year. We are applying for common law sponsorship but we are waiting until the one year of living together is up! So for now we applied for visitor extensions to which he got accepted for in July! And on the extension it is valid until January 11th.. my question is, do we apply for another visitor extension 30 days before the current extension expires or we should be okay? Would it be safe to just apply for another extension?
Also, what is the success rate on getting approved for common law sponsorship right now? I have a job, insurance, a lot of money saved up to provide for myself and him. We are both 20-21! No children, no social assistance, clean backgrounds, no charges. Do you think we are going to get accepted for both?!

 

[k.h.p.]

You're going to need to apply for another extension since you cannot apply for sponsorship until at least the 1 year mark of living together.

Provided that the relationship is genuine, the spousal sponsorship will not really have significant issues (caveat: you of course need all documents, proof, etc.)

The second extension may provide a challenge.

If you're committed to each other, a civil marriage would generally simplify things a lot; I get that not everyone is okay with the idea of marriage as an institution but it really makes the process a lot easier and has the same legal obligations as common law (which is short for "common law marriage")

 

[kcm]

How would the second extension have issues? And a general marriage is a good idea, we have had that idea for along time but we are worried that they would see us being married before the application and consider it something else.

 

[k.h.p.]

How would the second extension have issues? And a general marriage is a good idea, we have had that idea for along time but we are worried that they would see us being married before the application and consider it something else.

Because the second extension will need to demonstrate continued proof of ties to home country, and your partner has been living in Canada for a year.

Not sure what "else" IRCC would consider of a civil marriage - you would apply as married. If you got married tomorrow you could apply for sponsorship immediately upon getting the marriage certificate.

 

[k.h.p.]

ALL people who sponsor their married spouses are married before the spousal sponsorship application - in fact, it's required, as ought to be obvious

 

[kcm]

To your knowledge, would it be a lot easier for a civil marriage than? Because we are stressing a lot about the second extension AND common law sponsorship. You’ve also mention to apply as married, do you mean spousal sponsorship? Wouldn’t they need the year as well?

 

[kcm]

It also takes 6-8 weeks to get a marriage certificate in Canada I don’t know how that would work out..

 

[k.h.p.]

It also takes 6-8 weeks to get a marriage certificate in Canada I don’t know how that would work out..

If you'd thought of this in say February it wouldn't be an issue.

Now you have to apply for the extension whichever way.

 

[k.h.p.]

To your knowledge, would it be a lot easier for a civil marriage than? Because we are stressing a lot about the second extension AND common law sponsorship. You’ve also mention to apply as married, do you mean spousal sponsorship? Wouldn’t they need the year as well?

You do not need to be married for a year to apply for spousal sponsorship.

You must be able to demonstrate 12 months of cohabitation for common-law.

 

[kcm]

To help make this easier to understand, if we go through the civil marriage way or common law sponsorship, what would be a lot easier and less stressful? Can you provide the steps on how to go about each one? I need help figuring out what to do from someone who knows these things

 

[k.h.p.]

They're both stressful.

In either case:
- You need to apply for an extension before January 11. If you don't, your spouse is (a) in Canada illegally, and (b) not eligible for a work permit.

To apply as married:
1. Get married
2. Get certificate
3. Apply

To apply as common law:
1. 12 months of provable cohabitation
2. Lots and lots of proof - bills, insurance, etc.
3. Apply.

For both:
- Lots of proof of genuine relationship (photos, letters from family, etc)

 

[kcm]

Letters from family, meaning; they write about our relationship?
Bills; what do you mean by bills? The only thing I have for proof right now are photos, a ring, insurance.
What else should I go for? Have a joint bank account?

 

[k.h.p.]

Letters from family, meaning; they write about our relationship?
Bills; what do you mean by bills? The only thing I have for proof right now are photos, a ring, insurance.
What else should I go for? Have a joint bank account?

Oh goodness. That's all you have as proof of cohabitation for 12 months?

You have to prove that you've lived together at the same address as each other for at least 12 months. That typically means bills, photo ID with address, mail, and so on. If you don't have that, your application for common law is likely to be refused, which is why I always suggest marriage if the intent is to basically be married. You don't have to have paperwork proving 12 months of cohabitation together if you're applying as a married couple.

 

[kcm]

We didn’t know what we needed, what else do we need? We can get more proof by today but where

 

[k.h.p.]

Do a search for "proof of common law application" and see what people have provided.

Note that you have to prove you lived together across 12 months not just at one day.