Advice for Common Law

[Barneszilla]

Hi

A bit of a unique situation. I am looking to apply for a common law to live in Canada with my girlfriend who is a Canadian citizen. I am British.

I have been travelling (backpacking) with my partner for 18 months and have various shared flights across the world however we have never lived in a fixed address, despite living together and spending all day every day together... Would this be classed as common law or conjugal?

We will be flying to Canada in October this year. Until then we have 3 more months in Australia, 1 month in Thailand and 2 months in the UK. I need to apply for common law as soon as possible, however I wanted to know if I am able to apply from Australia and then progress the application while travelling eventually to Canada.... Or willl I need to wait until I get to Canada and apply when have a fixed address? I can only get a 6 month tourist visa upon entry so concerned that I won't have time.

Also, I've seen the option now of getting an open work permit whilst the application is being processed... Does anybody know how long this takes to get?

thanks in advance

 

[spinning_sponsor]

I recently applied common-law with my Partner from the USA. I believe part of the common-law definition is that you are in a marriage-like relationship, which entails living together in a residence (shared lease), paying utility bills together, splitting grocery bills, having shared bank accounts, etc. I personally wouldn't consider just traveling together a marriage-like relationship, so I doubt Canada Immigration would either. You would likely have to wait until you were living together a full year in a single residence in Canada.

As for the open work permit, I think you get that when stage 1 completes. Since you can only get the OWP by applying inland, that means a 16 months wait according to the website:

http://www.cic.gc.ca/ENGLISH/INFORMATION/times/perm-fc.asp

 

[scylla]

You can apply from Australia. You will need to provide a fixed address in the application. This is an address that CIC will use to send you mail and it can't be something that is changing from month to month.

Your only option at this time is applying as common law. To be successful, you will need to provide hard proof that you have in fact been sharing living accommodations for at least one full years. So you'll need to find all of your accommodation bookings to prove this - hopefully the bookings have both of your names on them. I suspect you will probably have your work cut out for you proving common law (since you won't be able to show joint leases, joint utility bills, mail received to the same address - and the other types of evidence people typically provide to show common law). Having the same flight won't be enough - you need to prove a year of cohabitation.

You do not qualify as conjugal since there is nothing preventing you from getting married and/or becoming common law. Don't apply under conjugal - it will just end in refusal.

If you apply from outside of Canada - you will be applying "outland" and will not qualify for an open work permit (OWP). If you want to qualify for an OWP, you will need to wait until you are in Canada and apply from within Canada (inland). The OWP will be approved around 4 months after your application is submitted. Note that there are definitely drawbacks to applying inland - such as the long processing times (2 years?) and the fact you're not supposed to leave Canada while your application is being processed.

 

[taffy7]

I can answer a few then let others chime in.

1) you can not apply as conjugal ,this is not what you think it is .
2) You can send your package from any where .
3) when you arrive in Canada you can extend your stay by applying for an extension of your visitor's visa.
The work permit you are asking about is taking about 4 or 5 months,but this is a pilot program so no guarantee when this will end. This is if you only apply Inland application. With an Inland application it takes much longer to process and you have many restrictions.

1) advised not to leave the country
2) No appeal if case denied.

Now as for applying common law while travelling it has been discused before and it has been a bit iffy to weather they except it . As you said you do have a lots of proof of both countries, hostels hotels shared expenses.

You are going to need a bit more than that . You may want to consider getting a small life insurance policy and having your girlfriend be the beneficiary. Your girlfriend adding you to her credit card .

They are looking for combined of life. Honestly i think it would be much easier if you got married .

 

[Barneszilla]

Thanks for the input guys. I will wait until I get to Canada before applying to ensure I can get the OWP. I will be able to get shared payments, hostel bookings, and we have been living/working and paying rent to/at a pub for the last 3 months.

I think we will may have to get married!

Thanks

 

[ghunter]

I would definitely recommend applying Outland as a UK citizen (the 29 months listed on the cic website is highly inaccurate). There is an Outland London thread that you should port this question on (and view the tracking spreadsheet), the time frame is having approvals at about a year, and you can start the application before you go to canada. Inland, whiles u may get a work permit, will also hinder international travel for close to 2 years for your partner. You could easily be half way through the process by the time you get I Canada if you submit your Outland application now.

 

[canadianwoman]

I would also suggest applying outland. You could send in the application now; if you apply inland, you will have to wait until October when you are in Canada. Outland through London for a UK citiaen is usually quite fast. Inland takes a long time, and while you can get a OWP, you might have your outland PR by the time you would get your OWP through inland. You should use a permanent/mailing address in the UK or Canada. Maybe your parents or your partner's parents - someone who can get your mail and forward anything from CIC to wherever you are.

You might be successful applying common law. (I agree getting married would be easier.) One couple on this forum lived together in a hotel in the Philippines for 9 months, then traveled together for 3 months, and this was considered enough for common law: the woman got her PR visa, and the processing was very fast. However, they had evidence from every single place they stayed. That is, for every night they stayed together, they had a receipt from a hotel or hostel; if it was the kind of place that did not give receipts, they had a letter from the owner or manager stating they had stayed there together. They also submitted photos of themselves at each place, often with the manager or owner.

Shared flights is not enough: you will need proof you stayed together. I think a few missed nights would be OK. But you should have receipts with both names from hotels or wherever you stayed; failing that, a letter from the owner or manager stating you both stayed there together. This proof of cohabitation has to cover one year. Other proof such as the shared flights; shared activities and other types of transportation; matching visas and entry and exit stamps on passports; and photos; these are needed, but will not be enough by themselves.