1 Year Cohabitation for Common-Law Sponsorship?

[redherring]

My partner and I have been in a relationship for almost a year but we've known each other for over a year and a half. I am currently in Canada on TRV. I entered Canada last Dec 1, 2015. My status should expire on June 1, 2016. I am currently looking for some compelling reasons for CIC to approve my visa extension application which I intend to file by mid-May.

I am from the Philippines. My partner and I lived together in Thailand for over a month from June to July 2015 for work reasons. We traveled together sometimes for work since we used to work together. Sometimes we were apart for 1 to 3 weeks due to the nature of work. It happened for 3 or 4 times maybe. I read that couples could be apart for a short time for business reasons but I'm not sure for how long couples could be separated. We have passport stamps that could show which period we were together. Since Dec, 2015, we've been living together to complete a year but I need to apply for a visa extension soon.

My questions would be:
- Filing in mid-May wouldn't violate any laws, would it?
- Would our days living together in Thailand, Philippines, and travels together to other countries (mostly for work but we lived together) would be counted towards the 1 year requirement (the only proof we could show would be passport stamps)?
- What should my reason be for applying for visa extension?
- If my visa extension application is refused, can I apply for sponsorship during the 90-day "out of status" period?
- How soon can we apply for sponsorship? Are there any ways to strengthen our case since we can't sign a joint lease and joint bank accounts due to my status?
- I don't have a source of income now. My savings would just be roughly 10,000 CAD in total. One of my online accounts don't allow me to extract the bank statements, I can only take a screenshot. The other one could only show me 2 months of transaction. Would screenshots and bank statements for 2 months be acceptable for visa extension?

I'm afraid that if I'm forced to go back to the Philippines, everything that we worked for would be in vain and we have to start the process again. Anyone who had the same experience?

 

[Ponga]

Your brief time together in Thailand will not count towards the required cohabiting period, but it may help in the other part that you need to prove...that the relationship is genuine.

You need to have solid evidence of one year of cohabiting to even qualify as a Common-Law couple. You should see about getting your name on your partner's lease or rental agreement ASAP. See if you can be added back to the first day that you were there. This will be the strongest piece of evidence you could have.

You should also see if you can be added to his/her existing bank account. Many banks allows this, so just ask around. You could also be added to his/her cell phone plan.

There's nothing wrong with requesting a visitor extension to establish Common-Law, so don't be afraid to explain things to CIC when you apply for your extension.

Based on your story, the soonest that you would be eligible to apply for sponsorship, would be one day after your 1 year together (Dec xx, 2016).

Good luck!

 

[Ponga]

BTW, I see that you've posted this same question in a thread from 2008:
http://www.canadavisa.com/canada-immigration-discussion-board/cohabitation-question-t8155.0.html

The OP in that thread was told that it was not a problem, but it very well could have been. The OP stated that he and his partner had a one month separation before they had even met the one year requirement.

While it's true that after the one year, couples can be apart for any length of time*, so long as the relationship is continuing, separations within the first year can be a BIG problem.

*Unless the person receives Conditional PR that requires the couple to continue to live together for 2 years after the day of landing.

 

[redherring]

Hi Ponga,

Thank you so much shedding some light on the subject.

I'm glad to hear that providing "I intend to stay longer for common-law requirement" as the reason for visa extension would be valid. I'm just worried that they might refuse it due to the limited funds I have and that I could only provide screenshots for my other online bank account.

My mobile plan is actually under my partner's name. Would insurance, bank account, and lease agreement be possible if I'm just holding a TRV? I'm basically just a visitor that couldn't work nor study.

 

[redherring]

BTW, I see that you've posted this same question in a thread from 2008:

The OP in that thread was told that it was not a problem, but it very well could have been. The OP stated that he and his partner had a one month separation before they had even met the one year requirement.

While it's true that after the one year, couples can be apart for any length of time*, so long as the relationship is continuing, separations within the first year can be a BIG problem.

*Unless the person receives Conditional PR that requires the couple to continue to live together for 2 years after the day of landing.

I actually removed it after I saw that you responded here but I guess you were faster than me. ;D

That's the part I couldn't fully understand because I doubt that we'll be able to prove that we were living together during those times since we only stamps in our passports. For our stay in Thailand, we didn't arrive at the same time, the lease was also under the name of the company. As funny as it may sound, we only have few photos during our stay there because my photo subjects were mostly nature and food. Our photos together there would be when we went to the beach.

 

[Ponga]

You're welcome.

Yes, having joint accounts will be a big help, but you will not be able to purchase an insurance policy. Your partner, however, can buy one listing you as the beneficiary...which is better than nothing.

You should be able to be added to the existing bank account, but again it varies by bank.

Even if you can't get a retroactive lease agreement, per se, see if you can get a letter from the landlord, stating that you've been living there together. This letter should be notarized. Also, keep any mail that has been addressed to each/both of you. You can make copies of the envelopes and include that as proof.

 

[redherring]

Thanks Ponga! I'll do just that.

 

[canadianwoman]

Just the visa stamps on your passports and a few photos won't be enough to show you were cohabiting during your travels. As noted above, they can be used as part of the evidence your relationship is genuine.

I would not bother applying until you have one full year of living together - in December 2016. The year of living together has to be continuous anyway, so a few weeks there, then a break, a month here, then a break, etc., would not count.

 

[redherring]

Thanks Canadianwoman! We'll just work on completing our requirements for the remainder of the year.