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Clarification on applying for PR with my girlfriend as common law partners?

MWVC

Member
Apr 15, 2012
17
0
Hi all,
My girlfriend of 2 years and 4 months (1 year cohabiting) and I want to apply together for permanent residence as common law partners in Ontario. We were hoping for some clarification from people who have experience with going through this process.

My girlfriend has a Post Grad Work Permit valid until 2017 and has worked for over a year in a skilled position. I currently have a Temp Resident Permit, previously I've had unskilled work with my expired 3 year PGWP and some study permits from attending university and college here in Canada. She will be eligible to apply for PR and she wants to list me as her common law partner so I can also get PR with her.

Here are the things we're hoping to get clarified:

Are we able to apply for PR together as Common Law Partners?
We've read that in Ontario, you're only Common Law if you've lived together for at least 3 years, but on the CIC website it's only for 1 year. What gives? Is common law different when it concerns immigration?

How do we show CIC that we are in a common law relationship?
We're confused if we should just put me as her spouse on the application and provide our evidence from shared expenses, photos, testimony from family and friends, etc. or if we need an official document from Service Ontario or City Hall. Do we need to obtain an official document from City Hall or Service Ontario (like a marriage license but for common law) before we apply to CIC for PR?

Can she extend her Work Permit to me so I can work while we wait for our PR papers to process?
Since I only have a TRP at the moment, we were hoping that since we've lived together for 1 year we can apply to CIC as common law partners and she could extend her work permit to me as her common law spouse. We know that PR takes awhile to process so we were hoping this would be possible so I can start working again while our papers are processed.

Thanks in advance for any help and clarification you all can provide!
 

kangamoose

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Jul 13, 2015
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This is the section of the forum for family class applications, I would assume you'd be applying express entry? You may get more help in that section.

I can answer some of your questions:

1. CIC considers common-law as one year of co-habitation living in a marriage like relationship. Provincial laws do not matter in the case of immigration.

2. You will need to show evidence of all of that (in a family class application, I'm unsure of express entry), except there is no official document of common-law the onus is on you to prove your status.
 

MWVC

Member
Apr 15, 2012
17
0
Thanks so much for replying! I'll try my luck in the express entry section.

You know a process is confusing when you're not sure what category it is on a forum board, lol!
 

keesio

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May 16, 2012
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One suggestion - do not refer to your common-law partner as "girlfriend" with your correspondence to CIC. CIC sees the term "girlfriend" as someone you have a casual relationship with. You definitely do not want to give the impression that you have a casual relationship with your partner. "common-law partner" or "partner" is a much better term to use.
 

IrisSphere

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Jun 8, 2015
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MWVC said:
Can she extend her Work Permit to me so I can work while we wait for our PR papers to process?
Since I only have a TRP at the moment, we were hoping that since we've lived together for 1 year we can apply to CIC as common law partners and she could extend her work permit to me as her common law spouse. We know that PR takes awhile to process so we were hoping this would be possible so I can start working again while our papers are processed.
Not an expert, but as far as I know you can't "extend" a work permit to your spouse.. It's issued to her and while you wait for PR you do not have rights to work (unless you yourself have a work permit). The only way you can get some sort of work permit is by applying Inland through family sponsorship but that is a 26 months process that I don't think you'd want to take. Hope express entry works out for you guys! good luck :)