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Common-law for visitor visa

Xanmisc100

Member
Oct 7, 2020
14
0
I lived with my girlfriend for about an year in USA , now she is planning to apply for visitor visa. I am already in Canada on work permit.
1. Can she input common-law as martial status ?
2. Would she need to provide supporting documents to prove the relationship ?
3.There is no special section to upload the documents in point 2 ,can she upload in additional documents ?
4. Can she apply for visitor visa as well as open work permit simultaneously or should it be done one at a time.
 

scylla

VIP Member
Jun 8, 2010
97,397
23,189
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I lived with my girlfriend for about an year in USA , now she is planning to apply for visitor visa. I am already in Canada on work permit.
1. Can she input common-law as martial status ?
2. Would she need to provide supporting documents to prove the relationship ?
3.There is no special section to upload the documents in point 2 ,can she upload in additional documents ?
4. Can she apply for visitor visa as well as open work permit simultaneously or should it be done one at a time.
1. If you lived together for a year continuously then yes.
2. Yes, she should provide evidence to support that you are common law.
3. Yes.
4. She would be best off applying for the open work permit (not a TRV). Note there is a travel restriction in place right now which only allows for essential travel.
 

canuck78

VIP Member
Jun 18, 2017
58,579
14,452
I lived with my girlfriend for about an year in USA , now she is planning to apply for visitor visa. I am already in Canada on work permit.
1. Can she input common-law as martial status ?
2. Would she need to provide supporting documents to prove the relationship ?
3.There is no special section to upload the documents in point 2 ,can she upload in additional documents ?
4. Can she apply for visitor visa as well as open work permit simultaneously or should it be done one at a time.
Assume you listed that you were in a common law relationship while filling out your WP. Did you declare your common law status in your tax filings if common law is defined as 1 year living together in the state you lived in or in Canada depending on how long you have lived here?
 

Xanmisc100

Member
Oct 7, 2020
14
0
1. If you lived together for a year continuously then yes.
2. Yes, she should provide evidence to support that you are common law.
3. Yes.
4. She would be best off applying for the open work permit (not a TRV). Note there is a travel restriction in place right now which only allows for essential travel.
Thank you for your answers , wouldn’t she be allowed to enter on TRV based on being a common law partner , I was under the impression that spouse/ common-law were allowed to enter the country to regroup.
I was planning to apply for TRV since processing times are much shorter than WP.
 
Last edited:

Xanmisc100

Member
Oct 7, 2020
14
0
Assume you listed that you were in a common law relationship while filling out your WP. Did you declare your common law status in your tax filings if common law is defined as 1 year living together in the state you lived in or in Canada depending on how long you have lived here?
No, when I filled my WP we had been living for 10 months so it was not mentioned on my form , is that going to be a problem ? Common law is not recognized in the US state I lived in.
 

scylla

VIP Member
Jun 8, 2010
97,397
23,189
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for your answers , wouldn’t she be allowed to enter on TRV based on being a common law partner , I was under the impression that spouse/ common-law were allowed to enter the country to regroup.
I was planning to apply for TRV since processing times are much shorter than WP.
She would need to get a letter of authorization and demonstrate that her travel is essential at this time. IRCC may be relaxing these rules but we don't know exactly when or how. IMO, I would go for the OWP. I'm not sure processing times are really that different between the two right now. Everything is taking a long time unfortunately.
 

scylla

VIP Member
Jun 8, 2010
97,397
23,189
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No, when I filled my WP we had been living for 10 months so it was not mentioned on my form , is that going to be a problem ? Common law is not recognized in the US state I lived in.
Is she American? That will make a difference.
 

Xanmisc100

Member
Oct 7, 2020
14
0
She would need to get a letter of authorization and demonstrate that her travel is essential at this time. IRCC may be relaxing these rules but we don't know exactly when or how. IMO, I would go for the OWP. I'm not sure processing times are really that different between the two right now. Everything is taking a long time unfortunately.
Thanks you, is authorization not required for open work permit ?