Common Law Application - Canadian Sponsoring an American (Advice Needed!)

[iNick89]

Hey, all!

SO my partner and I are finally getting ready to send in our common law application together. We have put everything together ourselves, I just want to make sure we're on the right track - so I have some questions!

Here is our background information:

1) I am a born-and-raised Canadian
2) He is a born-and-raised American
3) We lived together for 13 months while he worked in Canada on a student work visa
4) We have known each other since 2005 and have been in a long distance relationship since 2007
5) We are applying under family class, common law, outside of Canada

We have are in the final stages of gathering / organizing proof of our common-law relationship, but I have a few questions.

1) What is the best visa office to send our application to? I live in Toronto, he lives in New Jersey.

2) If all goes well and our common law application get's approved, would my partner be legally allowed to work in Canada once he officially lands? Or does he have to apply for another sort of work visa? What rights do common law partners have?

3) As far as packaging our application goes, can we organize all of the paperwork in a binder with captions and tabs explaining everything? If not, what is the best way to assemble the package?

Sorry if any of these are dumb questions - just want to make sure we are on the right track .

THANKS so much in advance, for any help!

 

[Alurra71]

Hey, all!

SO my partner and I are finally getting ready to send in our common law application together. We have put everything together ourselves, I just want to make sure we're on the right track - so I have some questions!

Here is our background information:

1) I am a born-and-raised Canadian
2) He is a born-and-raised American
3) We lived together for 13 months while he worked in Canada on a student work visa
4) We have known each other since 2005 and have been in a long distance relationship since 2007
5) We are applying under family class, common law, outside of Canada

We have are in the final stages of gathering / organizing proof of our common-law relationship, but I have a few questions.

1) What is the best visa office to send our application to? I live in Toronto, he lives in New Jersey.

2) If all goes well and our common law application get's approved, would my partner be legally allowed to work in Canada once he officially lands? Or does he have to apply for another sort of work visa? What rights do common law partners have?

3) As far as packaging our application goes, can we organize all of the paperwork in a binder with captions and tabs explaining everything? If not, what is the best way to assemble the package?

Sorry if any of these are dumb questions - just want to make sure we are on the right track .

THANKS so much in advance, for any help!

1. Send the package to Missisaga initially for sponsor approval and ask for Ottawa as the requested VO.

2. Yes he will be eligible to work as soon as he lands as a PR. He will not need a work permit as he is entitled to all the same rights as a citizen with the EXCEPTION of voting.

3. Just put the applications in their respective order, stacked together and put them in a package that way. Do not put them in binders or anything of that nature. The immigration officers know exactly what forms they are looking for and such and will rip everything apart to put where they need/want it anyhow. I think you can likely use a paperclip or something a bit more heavy duty to clip all of your proofs together so they aren't lost in the shuffle though.


Hope this helps out, some.

 

[Ponga]

Congratulations! This is going to be a fun, fast and exciting adventure for you both!

Ok...two out of three ain't bad.

1. Your completed application package (everything) goes to CPC-M (the address listed in your application guide/instructions).
Even though your partner is American his application will likely be processed in Canada (Ottawa) as well as yours.
The average time for the entire process is typically ~ 9-12 months! Yippee!!

Since you will have only lived together for 13 months (perhaps 14 now) when you submit your application, your PR will likely be `conditional', but that's really nothing to worry about. You can find out more about that by searching this forum.

2. Yes. Once he lands he can apply same day (or even at the same location in some cases) for his Social Insurance Number (SIN) and work right away.

3. Yes. There are several helpful threads here describing what others have done. Here's an excellent example:
http://www.canadavisa.com/canada-immigration-discussion-board/how-i-organized-our-applcation-and-a-summary-of-all-helpful-tips-i-have-learned-t92449.0.html



Good luck!

 

[Ponga]

Just a follow-up question:

You first posted back in October of 2013, indicating that your partner had returned to New Jersey...so you are NOT currently living together and have not since October?

If so, I wonder if that will affect (or is it effect?!?!?) your application, since you will not be living together at the time that you mail your application?

Four months of living apart...is that an issue?


Anyone?!?!

 

[iNick89]

Just a follow-up question:

You first posted back in October of 2013, indicating that your partner had returned to New Jersey...so you are NOT currently living together and have not since October?

If so, I wonder if that will affect (or is it effect?!?!?) your application, since you will not be living together at the time that you mail your application?

Four months of living apart...is that an issue?


Anyone?!?!

Since his student work visa expired (and could not be extended) he had no choice but to return home - we did not want to risk him staying in Canada.

HOWEVER, we are still constantly visiting each other. He comes for extended periods of time (30 days) and has the flexibility of working online so he can do so.

So while he has "re-rooted" to NJ, we are still constantly visiting each other (and supporting each other, financially, etc).

Is this going to be a problem?!?!?

 

[Ponga]

Since his student work visa expired (and could not be extended) he had no choice but to return home - we did not want to risk him staying in Canada.

HOWEVER, we are still constantly visiting each other. He comes for extended periods of time (30 days) and has the flexibility of working online so he can do so.

So while he has "re-rooted" to NJ, we are still constantly visiting each other (and supporting each other, financially, etc).

Is this going to be a problem?!?!?

I don't know and I'm not ready to say that it is, but...if you have not lived together for at least 4 months, which is the basic criteria for a common-law sponsorship application and you have not even sent your application...there MAY be an issue. Hopefully, others will simply say that I'm wrong about this...which would be GREAT!

*edit*

Do you have solid proof that you did in fact live together while he was here `visiting' you? Things like joint rental agreement, bank statements, utility bills, cell phone bill, etc.?

Basically, what do you have that shows you both residing at the same address for those 13 months?

 

[iNick89]

I don't know and I'm not ready to say that it is, but...if you have not lived together for at least 4 months, which is the basic criteria for a common-law sponsorship application and you have not even sent your application...there MAY be an issue. Hopefully, others will simply say that I'm wrong about this...which would be GREAT!

*edit*

Do you have solid proof that you did in fact live together while he was here `visiting' you? Things like joint rental agreement, bank statements, utility bills, cell phone bill, etc.?

Basically, what do you have that shows you both residing at the same address for those 13 months?

Basically this is what happened:

He had a student work visa from August 2012 - September 2013.

We moved in together in August 2012, and lived together for 13 months. After his visa expired, he went home, and now he visits (for the past 4 months).

We have lots of documentation showing we lived together for the 13 months he had his visa: a lease agreement, mail delivered to us at the address, a joint bank account to pay rent, several testimonials from my friends / family in toronto + his friends / family in NJ stating when he moved here, etc.

That is just some of the evidence we have. Hoping that's okay...

 

[iNick89]

1. Send the package to Missisaga initially for sponsor approval and ask for Ottawa as the requested VO.

2. Yes he will be eligible to work as soon as he lands as a PR. He will not need a work permit as he is entitled to all the same rights as a citizen with the EXCEPTION of voting.

3. Just put the applications in their respective order, stacked together and put them in a package that way. Do not put them in binders or anything of that nature. The immigration officers know exactly what forms they are looking for and such and will rip everything apart to put where they need/want it anyhow. I think you can likely use a paperclip or something a bit more heavy duty to clip all of your proofs together so they aren't lost in the shuffle though.


Hope this helps out, some.

Thanks so much for all of your help.

It is much appreciated!!

 

[Ponga]

This will be of interest to you as it confirms that I was wrong. Yea!

(found in another thread here, posted by Rob_TO):

Read here for more info:
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists

So it should be no problem to establish common-law, then move back to the US to work while outland app is being processed. CIC even specifies employment as a valid reason to live apart. You should make it easily apparent that you intend to return to Canada to live as soon as the app is completed.
----------

 

[iNick89]

This will be of interest to you as it confirms that I was wrong. Yea!

(found in another thread here, posted by Rob_TO):

Read here for more info:


5.36. How can someone in Canada sponsor a common-law partner from outside Canada when the definition says “is cohabiting”?
According to case law, the definition of common-law partner should be read as “an individual who is (ordinarily) cohabiting”. After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists

So it should be no problem to establish common-law, then move back to the US to work while outland app is being processed. CIC even specifies employment as a valid reason to live apart. You should make it easily apparent that you intend to return to Canada to live as soon as the app is completed.
----------

Thanks so much for doing that research - really appreciate it!! Whew, thankfully we are doing things right .

Will he be able to visit Canada easily once our application has been submitted? Or will he have trouble at the border?

 

[Ponga]

I figured that it was the least I could do. LOL!

Many Americans (and others from visa exempt countries) that applied Outland have actually been successful coming back into Canada and remaining in Canada for the duration of the process. It is NOT a requirement for a person to be (and remain) outside of Canada.

Since his original work study visa expired, CBSA will have a record of that in their system, which could be an issue for future visits. If he is allowed to re-enter, you can always apply to extend his visitor status (ask for 12 months). Having an active PR application could make the extension easier to obtain.

 

[Rob_TO]

We have lots of documentation showing we lived together for the 13 months he had his visa: a lease agreement, mail delivered to us at the address, a joint bank account to pay rent, several testimonials from my friends / family in toronto + his friends / family in NJ stating when he moved here, etc.

That is more than enough evidence. Make sure you changed your status with the CRA to common-law for tax purposes, effective as of when you officially became common-law (so would be Aug 2013). When you do your 2013 taxes, you must file as common-law for marital status (not as single). The page on CRA website where it shows your common-law status, is another good proof to include in application.

Also note the country specific guide for USA applicants, states that you need at least 2 statutory/certified letters from friends/family about your relationship, so would need to be done through a notary.

And finally make sure to submit the application as soon as possible. The longer you spend living apart, the harder it gets to prove you are still a common-law couple. Make sure you submit his FBI police check and include receipt from doing the medical exam, along with the application.

 

[*Siren*]

Once you submit your application, you can get a visitor's record for him. This can be done at any border crossing.