Applying as Common law partners - before 12 months of living together

[Forsberg21]

Hi all,

My girlfriend and I are currently in the process of trying to immigrate to Canada. My girlfriend is scoring quite high in the Express Entry points, where I on the other hand score in the low 400's.

We have been living together since August 2016, and we were looking into the option of applying as common law partners.

The question is if we should wait completely with starting our Express Entry application until August 2017 (12 months), or if we can start the process now already and then expect that we will not have an answer until August anyway.

Any suggestions on how we should proceed? We would like to get going as fast as possible!

Thank you in advance!

 

[xpressentry]

To qualify as common law, you need to be living together for 12 months. As of now, you have lived together for 9 months and that is not common law. You have to wait until you complete 12 months.

In the meanwhile, you can start other aspects of your application like IELTS, ECA if you havent already done that.

 

[Forsberg21]

Alright, thank you for your reply!

Yes we have started the process for that already.

Can you tell me if both of us are required (or should) take the IELTS test as well as have the ECA done for both of us?

Right now we have only started this process for her.


Thank you,

Best

 

[Forsberg21]

Another quick question:

If my girlfriend initiates the Express Entry application now as a single, and we decide to get married in the next coming months, could she change that on her application, or will we have to start over again?

Thank you again!

 

[g126]

Alright, thank you for your reply!

Yes we have started the process for that already.

Can you tell me if both of us are required (or should) take the IELTS test as well as have the ECA done for both of us?

Right now we have only started this process for her.


Thank you,

Best

ECA and IELTS is only required for the principal applicant, but it's recommended that both of you do it to increase your overall score.

And yes, wait for 12 months! You can create your profile now, but you can only accept the ITA after Aug 2017.

Another quick question:

If my girlfriend initiates the Express Entry application now as a single, and we decide to get married in the next coming months, could she change that on her application, or will we have to start over again?

Thank you again!

This changes things... if you get married after ITA then it's not a problem. You can go ahead now as a single and then ask to include spouse after ITA (so long as you get married AFTER ITA).

 

[xpressentry]

If you get married today, you can enter the pool as married / common law. But if it's not marriage, you have to wait until you become common law.

If you get married before eAPR, your points would be recalculated. If after eAPR, then no

 

[Forsberg21]

Thanks very much for your help.

This means - we have two options now

1. Wait until August 2017, and apply as common law partners.

or

2. She applies now as a single.. Waits for her ITA.. Then we get married.. and she sends her APR including me as a spouse?

Did I understand it correct?

Best

 

[g126]

Thanks very much for your help.

This means - we have two options now

1. Wait until August 2017, and apply as common law partners.

or

2. She applies now as a single.. Waits for her ITA.. Then we get married.. and she sends her APR including me as a spouse?

Did I understand it correct?

Best

Sorry not ITA... I meant AOR...

So option 1 is fine.

For option 2, she'd apply get ITA and then submit everything as single applicant to get AOR/eAPR. After the AOR then if you two get married all you need to do is to add you to the application. Note, if you do this then be sure to submit enough PoF for two people otherwise you'll need to update that as well and you change the family composition.

 

[xpressentry]

3rd option is get married now and apply as married.

Thanks very much for your help.

This means - we have two options now

1. Wait until August 2017, and apply as common law partners.

or

2. She applies now as a single.. Waits for her ITA.. Then we get married.. and she sends her APR including me as a spouse?

Did I understand it correct?

Best

 

[canuck_in_uk]

The rules are the same for adding a common-law partner as they are for adding a spouse.

She can submit her profile now as single. If you guys become common-law before e-APR, she will need to add you to her profile and her points will be re-calculated. If you guys become common-law after e-APR, she can add you to her PR app and her points will not be re-calculated.

 

[Forsberg21]

Thank you very much for your answers.

Just wanted to double check: when you say e-APR it means "express entry application process?"

Best

 

[canuck_in_uk]

Thank you very much for your answers.

Just wanted to double check: when you say e-APR it means "express entry application process?"

e-APR = Electronic Application for Permanent Residence

It is the actual PR app submission.

 

[hamgha]

Thanks very much for your help.

This means - we have two options now

1. Wait until August 2017, and apply as common law partners.

or

2. She applies now as a single.. Waits for her ITA.. Then we get married.. and she sends her APR including me as a spouse?

Did I understand it correct?

Best

In all cases by the time you bot get IELTS and your ECAs done and get your results back it can take a month or two. We started with this last August, only got finished with it all in April.