Converting a common-law to spousal sponsorship after applying

[sach0408]

Hello,

Me and my girlfriend have been together for more than 7 years now, from India. We have been living together in Canada from January 2020. I am a PR and my girlfriend is on PGWP which expires in December. I am in the process to sponsor her as a common-law partner, as we will not be able to get married before November due to personal problems. Although, we are planning to get married in November.

As her work permit will be expiring in December and she works full-time and she wants o continue working. Hence, we decided to apply for PR through common-law sponsorship. If we get married in November, is it possible to convert the same application to spousal sponsorship? If not, so we have to apply for a fresh application? And do you suggest that we should get married in November or only after the PR application is approved?

I hope to get some suggestions here.

 

[armoured]

Hello,

Me and my girlfriend have been together for more than 7 years now, from India. We have been living together in Canada from January 2020. I am a PR and my girlfriend is on PGWP which expires in December. I am in the process to sponsor her as a common-law partner, as we will not be able to get married before November due to personal problems. Although, we are planning to get married in November.

As her work permit will be expiring in December and she works full-time and she wants o continue working. Hence, we decided to apply for PR through common-law sponsorship. If we get married in November, is it possible to convert the same application to spousal sponsorship? If not, so we have to apply for a fresh application? And do you suggest that we should get married in November or only after the PR application is approved?

I hope to get some suggestions here.

Apply as common law. You can inform them you plan to get married in November if it makes sense, and then after you do so, provide IRCC with the documentation on webform. It won't cause any problem (and may be seen positively after they get the marriage documents). If you have any event to note engagement or whatever, show that as well (even if small given covid) - showing that or related pre-wedding stuff would be a good reason to show the marriage plans.

But important note: if you apply as common law, make sure you have solid documentation of your common law relationship - look at the requirements carefully.

Don't count on the fact that you're planning on getting married to count for anything at all until you show you are actually married. It's fine to inform them of your plans but they will not give it much weight at all.

 

[canuck78]

Hello,

Me and my girlfriend have been together for more than 7 years now, from India. We have been living together in Canada from January 2020. I am a PR and my girlfriend is on PGWP which expires in December. I am in the process to sponsor her as a common-law partner, as we will not be able to get married before November due to personal problems. Although, we are planning to get married in November.

As her work permit will be expiring in December and she works full-time and she wants o continue working. Hence, we decided to apply for PR through common-law sponsorship. If we get married in November, is it possible to convert the same application to spousal sponsorship? If not, so we have to apply for a fresh application? And do you suggest that we should get married in November or only after the PR application is approved?

I hope to get some suggestions here.

You can’t switch to a sponsorship based on marriage unless you reapply.

 

[armoured]

Good point - you cannot convert the common law app to married.

Make sure you meet the tests for common law. Ircc may take into account the subsequent marriage as further evidence of relationship - but can and may well still turn down the app if you were not common law on the day you applied.

 

[frange]

Hello,

Me and my girlfriend have been together for more than 7 years now, from India. We have been living together in Canada from January 2020. I am a PR and my girlfriend is on PGWP which expires in December. I am in the process to sponsor her as a common-law partner, as we will not be able to get married before November due to personal problems. Although, we are planning to get married in November.

As her work permit will be expiring in December and she works full-time and she wants o continue working. Hence, we decided to apply for PR through common-law sponsorship. If we get married in November, is it possible to convert the same application to spousal sponsorship? If not, so we have to apply for a fresh application? And do you suggest that we should get married in November or only after the PR application is approved?

I hope to get some suggestions here.

Did you declare your common-law status to Canada Revenue Agency (CRA) and gather all the related proofs ; such as rent, joint account, insurance with your both names for at least 12 months?
If so, you are good to go and update your file with the marriage certificate which will strengthen it after the ceremony.

NB: It's not allowed to change the status of your file «Common-law to marriage» ; but your matrimonial status will be updated.

Thanks

 

[sach0408]

Thank you everyone for your kind answers.