Case for common-law

[Jessicachiu]

I met my boyfriend in Calgary last year,we both were have working holiday visa,but now expired.(I’m Taiwanese ,he’s korean,we both doesn’t have PR or citizen)
Now he’s status is LMIA close work permit ,and my status is visitor visa till 2018/09/01.
He just got his close work permit till 2020,he has 2 years permit . I did apply LMIA in March,but rejected in May.
We are considering to apply common-law,we have been relationship over 1 year,since 2017/05.
Is it possible to apply common-law?
And I just changed my address and my bill to his address.but he’s teanant not the landlord,so we don’t have any utilities bill,and we haven’t open share account and life insurance yet.

Do we really have to exactly live over one year? Or being relationship over 1 year is ok?

If you guys have any idea please let me know,I don’t have time in Canada till this September.
I appreciate it!

 

[KBH]

Assuming you are asking about spousal sponsorship and not express entry (as this is the spousal sponsorship section of the forum) - you cannot apply for spousal sponsorship. Your partner must be a Canadian PR in order for you to do so.

If you want to apply under Express Entry with you included as his common-law partner, try the express entry section of the forum

 

[Jessicachiu]

Assuming you are asking about spousal sponsorship and not express entry (as this is the spousal sponsorship section of the forum) - you cannot apply for spousal sponsorship. Your partner must be a Canadian PR in order for you to do so.

If you want to apply under Express Entry with you included as his common-law partner, try the express entry section of the forum

But I saw information from CIC,
Temporary forengner worker also can apply!?

 

[Jessicachiu]

But I saw information from CIC,
Temporary forengner worker also can apply!?

It’s means my boyfriend he’s foreigner worker right?(close work permit)

 

[Bs65]

Definition of common law is that you need to show you have been living together for a minimum of 12 months , being in a relationship without meeting that criteria does not count.

What exactly are you trying to apply for, a work permit as your boyfriends common law partner ? Or is your boyfriend applying for PR with you included as common law spouse ?

 

[Jessicachiu]

Definition of common law is that you need to show you have been living together for a minimum of 12 months , being in a relationship without meeting that criteria does not count.

What exactly are you trying to apply for, a work permit as your boyfriends common law partner ? Or is your boyfriend applying for PR with you included as common law spouse ?

We want to apply a work permit as common-law and we will apply PR later.so that’s why we want to apply common-law first ,cuz I found some people’s experience,they just both live in Canada but relationships over a year and they applied.
When my visitor visa expired I back to my country,we can’t apply common-law anymore right??

 

[scylla]

We want to apply a work permit as common-law and we will apply PR later.so that’s why we want to apply common-law first ,cuz I found some people’s experience,they just both live in Canada but relationships over a year and they applied.

This is incorrect. You MUST live together for at least 1 full year continuously to be considered common law. It is not enough to have been in a relationship for a year. If you haven't lived together for at least one full year - then you are not common law and you are guaranteed to be refused if you apply for a work permit. There is no point applying.

 

[noonnabi]

He can't sponsor you (and vice versa) if he's not a citizen or PR.

 

[Jessicachiu]

This is incorrect. You MUST live together for at least 1 full year continuously to be considered common law. It is not enough to have been in a relationship for a year. If you haven't lived together for at least one full year - then you are not common law and you are guaranteed to be refused if you apply for a work permit. There is no point applying.

Thank you so much,but I have a problem,what about if my visitor visa expired and I have rejected of LMIA,is possible when I back to my country and re-entry Canada again as a visitor ?
Or border security might think I want to stay here illegally?

 

[canuck_in_uk]

Thank you so much,but I have a problem,what about if my visitor visa expired and I have rejected of LMIA,is possible when I back to my country and re-entry Canada again as a visitor ?
Or border security might think I want to stay here illegally?

You should move over to the Foreign Worker section of the forum. This section is for Canadian citizens/PRs sponsoring their family members.