Common Law Assistance

[twopenny]

Hello,

I am in process of reading through common law sponsorship requirements as my fiancé and I have decided it is best for her to stay in canada with me.

she arrived on ETA 6 months ago and has lived with me since . We recently applied to get her a visitor record (she is Brazilian) staying she would like more time to visit me and finish our possible wedding due to Covid etc....

now onto the common law questions I struggle to find answers for but anyone with experience help I want to avoid a lawyer if I can.

as of December we will have been living together 1 year (I have a lease fromJuly but my last house has no lease but I have someone who will verify we were living there. We have a shared credit card and phone etc. We have engagement photos and have known each other since 2013

I have worked full time for 8 years and am a citizen. I was on CERB during the pandemic but justgot my degree and a job I do not thing that should effect my ability to sponsor.

if her visitor record is denied for any reason can we appeal that?
When is the best time to submit the spousal application?

What are the challenging parts of that application ? And what should I be careful of? Also I was told she can be issued an open work permit after 4 months of submission is this true? If so what form is that I’m struggling to see it!
Any help is appreciated and let me know if common law is a successful sponsorship method or should we really go for marriage.

due to religion we prefer to have a larger wedding once Covid passes not just a small ceremony at town hall.

 

[armoured]

Hello,

I am in process of reading through common law sponsorship requirements as my fiancé and I have decided it is best for her to stay in canada with me.

she arrived on ETA 6 months ago and has lived with me since . We recently applied to get her a visitor record (she is Brazilian) staying she would like more time to visit me and finish our possible wedding due to Covid etc....

now onto the common law questions I struggle to find answers for but anyone with experience help I want to avoid a lawyer if I can.

as of December we will have been living together 1 year (I have a lease fromJuly but my last house has no lease but I have someone who will verify we were living there. We have a shared credit card and phone etc. We have engagement photos and have known each other since 2013

I have worked full time for 8 years and am a citizen. I was on CERB during the pandemic but justgot my degree and a job I do not thing that should effect my ability to sponsor.

if her visitor record is denied for any reason can we appeal that?
When is the best time to submit the spousal application?

What are the challenging parts of that application ? And what should I be careful of? Also I was told she can be issued an open work permit after 4 months of submission is this true? If so what form is that I’m struggling to see it!
Any help is appreciated and let me know if common law is a successful sponsorship method or should we really go for marriage.

due to religion we prefer to have a larger wedding once Covid passes not just a small ceremony at town hall.

While there is nothing wrong with common law, it does raise the bar in terms of making sure you can document carefully the more than 12 months continuous. If it's close to the 12 months, it becomes more critical (as opposed to couples that have been living together for years). My own opinion - opinion only - is that getting married before submitting does remove that issue and your common law information reinforces that the relationship is real. (You can consider whether your religion allows you to have a civil marriage and then a larger religious wedding / ceremony after - note that since in Brazil all weddings must also be formalized in a civil process ie religious and civil are also separate, it's hard to claim it's a deal-breaker from a religious perspective; but that's up to you and your spouse).

Yes, you can apply for the OWP, I have to say read the instructions as not personally familiar.

The rest: read through the instructions and collect; check your submission package again and again, making an oversight and getting it returned wastes a lot of time.

 

[canuck78]

OWP are raking 5+ months at this point. When applying for an extension of her visitor status you should mention that she wants to stay in Canada to become common law. You really need more concrete proof of your common law status. A statment confirming that you lived somewhere is not enough. You need documents with your names, adress and dates to document that you are living together.

 

[twopenny]

OWP are raking 5+ months at this point. When applying for an extension of her visitor status you should mention that she wants to stay in Canada to become common law. You really need more concrete proof of your common law status. A statment confirming that you lived somewhere is not enough. You need documents with your names, adress and dates to document that you are living together.

So rental agreements with her included? Credit card statements. And other items. Otherwise the easier route is civil marriage ?
My last place did not have an active lease because it was expired for over a year. What would suffice as that was from December to May
Thanks for the help there is a lot of documentation needed and I just want to make sure I do it right the first time

 

[canuck78]

So rental agreements with her included? Credit card statements. And other items. Otherwise the easier route is civil marriage ?
My last place did not have an active lease because it was expired for over a year. What would suffice as that was from December to May
Thanks for the help there is a lot of documentation needed and I just want to make sure I do it right the first time

Any bills or even mail with your names, the date and your address. The proof must start from the beginning of your common law period.

 

[twopenny]

Any bills or even mail with your names, the date and your address. The proof must start from the beginning of your common law period.

Do you think they would accept a travel insurance policy with her name and my address Showing she was living there for medical insurance?
Without a lease and her being a visitor it was hard to put things into her name

 

[canuck78]

Do you think they would accept a travel insurance policy with her name and my address Showing she was living there for medical insurance?
Without a lease and her being a visitor it was hard to put things into her name

Collect anything you have.

 

[Joeydocs]

Hi you can use tax forms also. Do you guys own any pets? Maybe some vet invoices? Ircc correspondence from previous visa applications? Bank statements, credit card statements, insurance policies. Also as a visitor she can file taxes, the only condition on that is she has to be present in Canada for a certain amount of days to be considered a “resident.” I would check with an accountant or online.

 

[canuck78]

Hi you can use tax forms also. Do you guys own any pets? Maybe some vet invoices? Ircc correspondence from previous visa applications? Bank statements, credit card statements, insurance policies. Also as a visitor she can file taxes, the only condition on that is she has to be present in Canada for a certain amount of days to be considered a “resident.” I would check with an accountant or online.

A visitor wouldn’t file taxes in Canada.

 

[Joeydocs]

A visitor wouldn’t file taxes in Canada.

Really? I was told by someone I worked with in the past that you actually can file taxes as a visitor even if your income is 0

 

[canuck78]

Really? I was told by someone I worked with in the past that you actually can file taxes as a visitor even if your income is 0

Not as a visitor.

 

[twopenny]

Awesome I found a lucky mobile contract registered to my address from December I also have some mail from insurance that came there. We have some credit statements together and honestly I’m sure with a lot of photos and detail it should go ok. I’m just worried at this time if they deny the visitor record.

 

[twopenny]

Really? I was told by someone I worked with in the past that you actually can file taxes as a visitor even if your income is 0

I never knew about this but will check with my accountant . I have my doubts but always worth a try. Currently we have a lease together a visa together and a phone account together I’m just wondering what they want that would show the December start. I’m curious how picky they are.

 

[Joeydocs]

Awesome I found a lucky mobile contract registered to my address from December I also have some mail from insurance that came there. We have some credit statements together and honestly I’m sure with a lot of photos and detail it should go ok. I’m just worried at this time if they deny the visitor record.

Just so you know, I came here as a visitor in 2017 converted to student, worker, visitor extension while submitting family sponsorship application. And it was approved in June. We also submitted the app in June. Point is I’ve been here for a while and have had a couple extensions. I don’t think the app will be refused though no one can say. It depends on your case, and the officer reviewing your case.

 

[twopenny]

One more question for anyone who see this.
Since in December we have 12 months common law. Should we apply in December or put in the application earlier as it takes long to process?