Common law partner sponsor

[Tzarina]

Hello everyone,
I am new here and I am not sure if that is the place that I should ask such a question.

My partner has got his permanent residency about 5 months ago.
I lived with him for over a year in Canada (legally, first on an open work permit, now as a student). We know each other for over 2 years and were a pair all that time before I moved in.
We would like to apply for a PR for me through a sponsorship. He has some objections though - he said he has never heard of anyone doing that and is afraid we will just loose a lot of money and nothing will come out of this. Is there anyone here who did that?

 

[kelKel]

When was the date you started living together? You have lived together for a year starting and ending when?

 

[matthewc]

As long as you have been living together for more than a year, and are in a genuine & continuing (serious) relationship he can sponsor you as a common-law partner.

However, if you lived together for more than a year before he became a PR, you will have problems as you should have been listed as a common-law partner on his original PR application. If you only got to the 1-year mark (of living together, as opposed to dating) after he became a PR, then it's fine.

 

[Tzarina]

I arrived on the 19 of September 2009. WE share electricity bills, I am a co holder of credit card on his name, we have our landlords to give us the notes that we resided together. We have Canadian friends knowing about our relationship and both our families know about our relatioship (we have pictures from my trip to his country and his trip to my country prior to my moving in Canada in 2009).
About two months ago I put him on my bank account (in case of my death I want him to inherit the money).
He has a steady job as an engineer for over a year.
The only thing we didn't do is we never had any ceremony, as we didn't think it necessary. If we are able to travel to both our countries now, we are planning to do so, however we don't have enough money for two costly trips.

 

[Tzarina]

As long as you have been living together for more than a year, and are in a genuine & continuing (serious) relationship he can sponsor you as a common-law partner.

However, if you lived together for more than a year before he became a PR, you will have problems as you should have been listed as a common-law partner on his original PR application. If you only got to the 1-year mark (of living together, as opposed to dating) after he became a PR, then it's fine.

From what I remember he received his PR in June or so. He applied way before Sept. 2009.

 

[kelKel]

Thats what I was getting at Matthew. It seems the one year mark is September 2010.
So exactly what Matthew says. As long as you have all the evidence of residing together for one year and of a genuine realtionship you can apply for common law PR.

 

[Tzarina]

Thanks a lot guys!
I hope this will convince him.
He finds it tricky and I understand that. It's about a 1000 $ together for applying, translations and getting a PR card.

 

[kelKel]

Yes its expensive but if you put together a very solid application, well organized and 100% complete it will be worth it. He also has to want to sign the undertaking which means he'll be responsible for you for 3 years afertwards. If you plan on spending your future together anyways this shouldn't be a problem

 

[Tzarina]

Haha No, the 3 years is not a problem, we talked about it.
I do understand his frustration (and mine too). My previous applications have been rejected for bogus causes and now... they have lost my last application. Didn't even go through it (that's over a year of PRELIMINARY stage). But they took the money which they cannot find... It's been over a year of that fuss and I understand that neither of us want to face this thing again. On the other hand, it is very difficult for me here, always trying for new permits, always in a suspended state, always thinking what ELSE I need to know and I don't. Renewing all the cards and insurances every year or two years is just annoying.
That is why I want to withdraw the old application and get this one done.

 

[chelley]

i'd be careful, depending on the reasonings, if you've had previously rejected PR claims (esp more than one) it may come back and haunt you... you might want to consult with an immigration lawyer or consultant to make sure all your ducks are in a row before submitting a new application.. just my thoughts...

 

[Tzarina]

I may do that. The bases on which they returned my applications were really stupid. Once they claimed that I entered a wrong name for the office that is going to process my application (I only put what the office told me to put) and so on and so forth.
My partner had exactly the same problem. They would return his application over and over claiming that there is something wrong, when the mistakes were on their end. He finally got his PR, but not without hair-tearing.

 

[kelKel]

What kind of PR application do you have submitted now? Skilled worked, CEC?

 

[Tzarina]

Skilled worker. But it's hard to say it's submitted, as they have lost it. Plus they say they do not know where the money is. When I spoke to the CIC worker, she said I should write a letter to withdraw the application and say that there have been difficulties with finding the application.
Apparently, it's still in Sydney somewhere, so it didn't even go out to the pointed office.

 

[Tzarina]

One more question.
From what the lady told me yesterday, I have to send my application to somewhere in Canada, before if it send from there to the office in my home country (which is a pity, it would be faster if I could send it straight were it is supposed to be).
First she said Sydney, but apparently she mistook the procedures. I asked if she meant Mississauga, she said yes. But now it seems that I have to send it to Alberta...
I am a bit confused. So the application goes to Alberta and then they send it further? How long does the process of opening the letter and sending it last? Is it gonna take another 3 months? Anyone went through that procedure?

 

[bonbon9]

One more question.
From what the lady told me yesterday, I have to send my application to somewhere in Canada, before if it send from there to the office in my home country (which is a pity, it would be faster if I could send it straight were it is supposed to be).
First she said Sydney, but apparently she mistook the procedures. I asked if she meant Mississauga, she said yes. But now it seems that I have to send it to Alberta...
I am a bit confused. So the application goes to Alberta and then they send it further? How long does the process of opening the letter and sending it last? Is it gonna take another 3 months? Anyone went through that procedure?

Hi Tzarina!

First, I would make sure that your previous application is cancelled. They might let this detail go and when they look into it, your new application might be cancelled because of the one you previously submitted.

Spousal and common law partner applications are sent to either Vegreville or Mississauga, depending on the type of application that you wish to submit. After sponsorship approval, these offices will send your file to the according visa office that will process your case.
As you're living in Canada, you have both options: Inland application or Outland application. There are pro's and con's for each. I suggest you take a loot at Leon's post, sticikied in this forum. It will help you decide which type of application is best for your case.

Good luck!