common law partner for student visa

[interstudent2010]

Hi,

I have a few questions about applying for a common law partner to join me on a student visa.

1) We will have been living together for 12 months at the start of August. My course will start end of August/early September. To get my visa processed in time for this I will need to apply before the 12 months of living together are completed. Will this affect our common law eligibility?

2) If we dont' qualify for common law status, if he gets a temporary visa and lives with me for the first year, can we then apply for common law status after this year in Canada even though my student visa would have been issued the year before?

Thank you in advance

 

[The Littlest Hobo]

Hiya, I have a few answers based on what I've read on here and the CIC website (by no means a professional opinion!)
1) Yes.
For the family class applications at least, you cannot apply as common-law until you already ARE common-law. So if he doesn't qualify as your (C-L) spouse at the time of your application so he normally cannot be an accompanying family member (but be VERY careful because if you read what happened to Kyrie and mrsJDL... this is a tricky thing!)

By the way, that is not considered a Family Class Sponsorship application,you are applying for a student visa (+ accompanying family) - this is the wrong part of the forum for that category, you will find better info/more people in the same situation on the forum's section for international students.

2) Once you become common-law partners (after 12 months no matter where you live, so long as you live together as a couple, etc.) then you could apply to sponsor him if you meet the criteria to sponsor family into Canada. I am not sure if students on a temporary visa would have that right, I doubt it because PR is an unlimited ticket. To sponsor family I think you must be a PR or a citizen.

Good luck!
TLH