Common law inquiries

[stephen92]

I start my last year on work visa in April 2018 expiring april 2019.

i have been seeing my girlfriend who has PR, originally from mexico since october 2017 - we are considering applying for common law. we dont have a place together yet but will hopefully february or we are considering adding her to my lease.

i havnt been working and living off cash from mid last year i brought when i viisting home (Australia) due to travelling and savings from Auatralia and will transfer more as i will need it due to considering staying due to common law application.

1 what happens if my application isnt approved when my work visa end date? do i apply as a tourist?

2 will not working for over a year cause issues? i have proof of money in australia - over 15,000

3 do we need a full year on a lease together. do thi gs like our flights to her home in mexico in january 2018 help applications?

4 can we apply before the full year of rental lease together?

5 can i send her money to proof she can finacially support me aswell ?

thank you for any help!

 

[Rob_TO]

In order to become common-law, you must have lived together for 12 consecutive months.

Until you've lived together 1 year, you can't even begin to apply for PR as a common-law couple. So you need to worry about living together first.

And yes you will need ample proofs of the cohabitation, of which a shared lease for 1 full year is the best proof. Also will need to show things like shared financial accounts, shared utilities, mail going to same address, etc etc.

 

[stephen92]

In order to become common-law, you must have lived together for 12 consecutive months.

Until you've lived together 1 year, you can't even begin to apply for PR as a common-law couple. So you need to worry about living together first.

And yes you will need ample proofs of the cohabitation, of which a shared lease for 1 full year is the best proof. Also will need to show things like shared financial accounts, shared utilities, mail going to same address, etc etc.

yeah i understand that we need the 12 months lease.

can you start the application before the 12 months has passed, say at 10 months could we start?

i was told that they look at 4 months of statements from the bank ?

 

[Bs65]

You need as much proof as possible of common law status so having a lease for a min 12 months is part of that proof anything less and IRCC would likely pay more attention to any other proof you have provided. In fact many people hold off for a month or so after 12 months before applying just to strengthen their case.

 

[WeegieInOttawa]

yeah i understand that we need the 12 months lease.

can you start the application before the 12 months has passed, say at 10 months could we start?

i was told that they look at 4 months of statements from the bank ?

When you apply (actually post the app) you must be at your one year mark. Not “in a weeks time” not “in a few days”..your year must be under your belt already.

 

[Rob_TO]

yeah i understand that we need the 12 months lease.

can you start the application before the 12 months has passed, say at 10 months could we start?

i was told that they look at 4 months of statements from the bank ?

No, you must have been living together 12 consecutive months before you can submit any sponsorship paperwork. There are no exceptions to this.

 

[WeegieInOttawa]

yeah i understand that we need the 12 months lease.

can you start the application before the 12 months has passed, say at 10 months could we start?

i was told that they look at 4 months of statements from the bank ?

Yeah you can of course start preparing and gathering what you need but keep in mind that if you do any forms early, they may be updated before you come to mail it.

I would also keep the signatures to within a few days of the mail date.

 

[stephen92]

No, you must have been living together 12 consecutive months before you can submit any sponsorship paperwork. There are no exceptions to this.

argh ok and if we havnt signed our lease together before April 2018 (work holiday is over april 2019) would i apply for a tourist visa and whild applying for sponsorship am i in applied status till a decision is made?

 

[Rob_TO]

argh ok and if we havnt signed our lease together before April 2018 (work holiday is over april 2019) would i apply for a tourist visa and whild applying for sponsorship am i in applied status till a decision is made?

Yes that is fine. When working holiday visa is about to expire you can request to change to visitor status. So when working holiday expires you need to stop working but can stay in Canada under implied status as a visitor while waiting for decision.

As long as you're in valid status at time you submit an INLAND PR app, you can also apply for an Open Work Permit and can stay in Canada during entire time app is processing.

 

[stephen92]

Yes that is fine. When working holiday visa is about to expire you can request to change to visitor status. So when working holiday expires you need to stop working but can stay in Canada under implied status as a visitor while waiting for decision.

As long as you're in valid status at time you submit an INLAND PR app, you can also apply for an Open Work Permit and can stay in Canada during entire time app is processing.

Ok amazing advice thank you.

one last question that just came to my attention. If she joins me on my lease this january my landlord said theres a chance in april that shes no longer renting, will we have issues with common law if we resign another lease ?
or does it need to be 1 year in 1 place no interuptions?

 

[Rob_TO]

Ok amazing advice thank you.

one last question that just came to my attention. If she joins me on my lease this january my landlord said theres a chance in april that shes no longer renting, will we have issues with common law if we resign another lease ?
or does it need to be 1 year in 1 place no interuptions?

It can be in as many different homes as you want, as long as the time living together is continuous.