Canadian citizen wanting to live common law with American in Canada

[babagogi]

Hello..this is my first post and I am hoping I can find some help. I am an employed Canadian citizen (43 years old) who, 9 months ago met an older ( retired 65 year old) from the USA. We have visited each other a few times and spent many long hours on the phone and chat. We have fallen in love and now want to be together. We are willing to move anywhere to be together but I prefer he moves to Canada so I din't have to uproot my son. A problem we have is that I am separated ( for 10 yrs) and my ex won't grant a divorce out of spite. Also, his religion does not look favourably on divorce, so marriage is not an option at the moment. I have read about common law sponsorship and all the technicalities have me confused. I am under the assumption that he can come here for 6 months on a visitors visa, but we have to live together for 12 to be common law. Can he extend his visa by letting them know his intentions are to live permanently with me? What forms are needed for that and are we legally considered common law, where he can get a part time job teaching if he wants or is he unable to work and I must support him? For how long do I do that? How long before he can be allowed to work, receive OHIP, and Old Age Security? I am really just lookung for all the steps needed to be taken so I can legally be with him and also have him self sufficient without relying on me to support him ( being supported would be demeaning to him). Thank you very much for any help or any links you can offer me.

 

[QuebecOkie]

The work part is complicated, and I can't help with working visas. For him to become common-law, yes, you would have to live together for 12 consecutive months. That's 365 days, not 364 (CIC is strict about that). You would have to be able to prove that he's been living with you for that time (have him added to your lease, if you rent, have his mail sent to that address, add him to homeowner's insurance if you own, etc.). He's not allowed to "move to Canada," but he came come to "visit" you. Assuming he has no trouble at the border, Americans are generally granted 6 months to stay. A month before that 6 months expires, you can apply online to extend his visit.

After living together for 12 months, he is considered a common-law partner. You should change your status with Revenue Canada to "common-law." You can then sponsor him for permanent residency. The process takes anywhere from six months to over a year, depending on how you plan to apply (inland - he's supposed to stay in Canada for the duration of the application, he's eligible to apply for an open work permit after stage one approval, which takes 6-8 months, but could be longer as wait times change; outland - leaving Canada won't affect his application, no work permit is available, but the whole process can be finished within 8 months or so, if you put together a strong application).

Getting into Canada can also be a problem IF the border agent believes he will overstay/doesn't have sufficient ties to the US.

As I mentioned, the working part is complicated. If you are unable to or do not wish to support him for the next couple of years, he will need to explore ways to immigrate to Canada on his own via some sort of work permit. Again, I don't know much about that, so hopefully others will add to this, or you can explore those options elsewhere (there are other sections of this forum, as well).

 

[babagogi]

Thank you QuebecOkie..that certainly helps a little bit.

 

[scylla]

If he wants to work either part time or full time while you live together to become common law, then he will need to obtain a work permit. To qualify for a work permit, he will first need to find an employer who is willing to hire him and also able to obtain an approved Labour Market Opinion. The Labour Market Opinion process involves advertising the job for at least one full month to prove that no Canadian could be found for the role - then the LMO application is submitted for processing which can take anywhere from 6-20 weeks. FYI - it's extremely difficult to obtain approved LMOs for teaching positions since Canada has too many teachers and not enough jobs for them (so no need to hire foreign workers to fill this gap).

If he is unable to find an employer who can get an approved LMO and therefore unable to obtain a work permit, then you're probably looking at a period of at least a year and a half where he won't be able to legally work in Canada (the year you spend living together to become common law + another six months or more). So you should be prepared for the possibility that you will have to support him for a year and a half. He also won't qualify for OHIP for at least a year and a half. So he should take out personal insurance to cover emergencies (you'll have to pay for the regular check ups out of pocket).

You can read about the pension requirements here:

http://www.servicecanada.gc.ca/eng/services/pensions/oas/pension/index.shtml

 

[babagogi]

Thank you for your help. Will he be able to continue to receive his social security from The States while he is here for that year and while his status is being processed?

 

[Evadyrrehs]

A problem we have is that I am separated ( for 10 yrs) and my ex won't grant a divorce out of spite. Also, his religion does not look favourably on divorce, so marriage is not an option at the moment.

Hello, No one can hold you hostage to a marriage in Canada. All you need is to have lived apart for one year and want your marriage over. It doesn't matter if your partner still wants to stay married to you at all, you can end it after one year not living under the same roof etc.

 

[zardoz]

Hello, No one can hold you hostage to a marriage in Canada. All you need is to have lived apart for one year and want your marriage over. It doesn't matter if your partner still wants to stay married to you at all, you can end it after one year not living under the same roof etc.

Absolutely agree. The OP should file for divorce immediately. Failure to do so could compromise her relationship together, especially as the husband could come after her assets at some point in the future. This is dangerous territory... It's possible that anything that the common-law partner brings in, could be counted towards any financial divorce settlement.

 

[babagogi]

Thank you very much for your help. I have filled out divorce papers but after 4 months he will not sign them. What is my next recourse?

 

[zardoz]

Thank you very much for your help. I have filled out divorce papers but after 4 months he will not sign them. What is my next recourse?

You can file even if he refuses to sign or consent. Get a lawyer to manage the process. You DON'T need his cooperation if you have been separated for long enough. I think that you file for a "petition for divorce" instead of an "application for divorce". See a lawyer immediately to get things moving.