Common-Law Partner Sponsorship, how does it work?

[Loverbunnyx]

After reading through the options I have as far as potentially becoming a permanent resident/citizen of Canada, the common-law portion has left me a bit confused. After 12 months of "living" with your Canadian partner (as an American, if that matters), you can all of the sudden become common law partners? How can you prove your financial ties/living with each other if the American is not able to work in Canada? I've read somewhere that Quebec doesn't even recognize common-law relationships. If this is even true, does that mean that isn't even an option for us? If it IS an option, and I am able to stay there for 12 months, at the 11 month mark do I apply for 6 months more, or leave at the 12 month mark and apply outland? Also, is it possible to apply outland, but visit Canada for the duration of the application (if approved to do so by CBSA, of course)? After reading some horror stories about inland, it seems like that won't be the path I choose. I'd love to hear stories from people who've done anything similar to this!

I'm sorry if these questions seem stupid, simple, or just confusing. It's all just crazy and new to me, and I'm always trying to do the right thing when it comes to even visiting the country that I could potentially call home in the future.

 

[SenoritaBella]

1. financial ties - they are looking for things like joint bank accounts, joint mortgage/lease, car lease, beneficiaries of each others life insurance, joint wills, etc.
2. living with each other - receiving mails/bills at the same address, jointly signed lease/mortgage, letter from landlord attesting to you living together, affidavits from family/friends, etc about that, etc.
3. Quebec does not recognise common-law relationships as a form of marriage but that should not affect your eligibility as far as immigration is concerned. I would read the CIC guide for spouses immigrating to Quebec.

That said, living in Quebec as common-law, you may want to consider having a co-habitation agreement or civil union at minimum so you are both protected in the event that God forbid things go awry. More information here: http://uniondefait.ca/en/index.php

4. You can apply for an extension at the 11 month mark. Note that you can still be living with your spouse in Canada but submit your application via the 'outland' route. The advantage is it allows you to travel should need be and you will have rights to an appeal should they reject your application.
If you apply inland, you must continue living with your spouse and not leave Canada at all. Also, there is no right to an appeal should it be rejected.

 

[Loverbunnyx]

1. financial ties - they are looking for things like joint bank accounts, joint mortgage/lease, car lease, beneficiaries of each others life insurance, joint wills, etc.
2. living with each other - receiving mails/bills at the same address, jointly signed lease/mortgage, letter from landlord attesting to you living together, affidavits from family/friends, etc about that, etc.
3. Quebec does not recognise common-law relationships as a form of marriage but that should not affect your eligibility as far as immigration is concerned. I would read the CIC guide for spouses immigrating to Quebec.

That said, living in Quebec as common-law, you may want to consider having a co-habitation agreement or civil union at minimum so you are both protected in the event that God forbid things go awry. More information here: http://uniondefait.ca/en/index.php

4. You can apply for an extension at the 11 month mark. Note that you can still be living with your spouse in Canada but submit your application via the 'outland' route. The advantage is it allows you to travel should need be and you will have rights to an appeal should they reject your application.
If you apply inland, you must continue living with your spouse and not leave Canada at all. Also, there is no right to an appeal should it be rejected.

Thank you so much for your reply! As far as #1 and #2 are concerned, I wasn't quite sure if I could be added to his bank account, but you clarified that one for me! Also, on his own, he made me the beneficiary to his life insurance when he got his new job. This was both unexpected and comforting! Just proves to me how much he really does care and want everything to work between us.
As far as #3 goes, we hope to get married one day, but we just don't want to HAVE TO present day for any reason other than love, although it would be for love if there were no other option, after all, that is why I'm here in the first place . We'd like to save up for a nice wedding that both of our families can come to.
And last but certainly not least, #4. This is a huge relief for me. Why would anyone apply inland?! Longer wait times, no right to appeal, no right to leave the country. It just sounds crazy . Thank you again for all of your tips/information. You don't know how much it means to me in this time of confusion .

 

[SenoritaBella]

You are welcome, Loverbunny. Nice username by the way... mine isn't as creative.

He can also add you to his benefits plan at the new job and list you as beneficiary on his RRSP(registered retirement savings plan) and/or TFSA(tax-free savings account) include proof with your application.

I think the main draw for 'inland' sponsorships is the possibility of getting an open work permit after stage 1 approval. Or in cases of people who don't have legal status, the 'inland' route allows them to continue living with their spouse while it's processed. This is sometimes the only option available to people from countries who need a visa to enter Canada.

But those applying outland and living in Canada, need to have legal status throughout the process. Reason why you would need to apply for extensions for as long as needed.

Thank you so much for your reply! As far as #1 and #2 are concerned, I wasn't quite sure if I could be added to his bank account, but you clarified that one for me! Also, on his own, he made me the beneficiary to his life insurance when he got his new job. This was both unexpected and comforting! Just proves to me how much he really does care and want everything to work between us.
As far as #3 goes, we hope to get married one day, but we just don't want to HAVE TO present day for any reason other than love, although it would be for love if there were no other option, after all, that is why I'm here in the first place . We'd like to save up for a nice wedding that both of our families can come to.
And last but certainly not least, #4. This is a huge relief for me. Why would anyone apply inland?! Longer wait times, no right to appeal, no right to leave the country. It just sounds crazy . Thank you again for all of your tips/information. You don't know how much it means to me in this time of confusion .

 

[Loverbunnyx]

You are welcome, Loverbunny. Nice username by the way... mine isn't as creative.

He can also add you to his benefits plan at the new job and list you as beneficiary on his RRSP(registered retirement savings plan) and/or TFSA(tax-free savings account) include proof with your application.

I think the main draw for 'inland' sponsorships is the possibility of getting an open work permit after stage 1 approval. Or in cases of people who don't have legal status, the 'inland' route allows them to continue living with their spouse while it's processed. This is sometimes the only option available to people from countries who need a visa to enter Canada.

But those applying outland and living in Canada, need to have legal status throughout the process. Reason why you would need to apply for extensions for as long as needed.

Hehe thank you! It is a bit of an alias for me. My boyfriend gave me the nickname "Bunny", so on any kind of forum websites where I don't want to use my standard user name that I use for Facebook or other personal accounts, I use ____Bunny.. ____ being what the website is related to . And yours is nice too, give yourself credit

Anyways, so he can put me on his health insurance through his job? That is so odd! I figured that would for sure be something that was a 'no' until we were at least married.

Before tonight, I really didn't think of common-law as a solid possibility. I don't have many "ties" to my country, so I'm always worried that they will not let me stay for 6 months, especially not 12+! I am fairly young and I don't have much to my name. I just felt like we HAD to get married and get my application in by the 5th month so they would let me stay. I guess I will be optimistic and see if common-law is in our future. It isn't a good feeling to be treated like a criminal every time I cross the border to see my love :\. I wish they knew that I am an honest person, and I will return home if I am required to. *sigh* Thank you again and again!

 

[Rob_TO]

Anyways, so he can put me on his health insurance through his job? That is so odd! I figured that would for sure be something that was a 'no' until we were at least married.

Common-law is a legal status, just like being married. So one can add common-law spouses to their employer health plans.

HOWEVER if he works for a Quebec company you may need to follow the Quebec rules here, so have to check with health plan provider. It may not be as simple as just 1 year living togehter.

Also, many health providers require that you have provincial health care first, before they allow you to be added to employee benefit plan. Again you have to call and ask them.

 

[scylla]

Anyways, so he can put me on his health insurance through his job? That is so odd! I figured that would for sure be something that was a 'no' until we were at least married.

You typically cannot be added to your partners insurance until you first have provincial health insurance coverage. So I suspect you will have to wait until you qualify for Quebec health insurance coverage before you will be able to benefit from your partner's insurance through his job.

 

[scylla]

Why would anyone apply inland?! Longer wait times, no right to appeal, no right to leave the country. It just sounds crazy .

Inland wait times are actually shorter for some than outland. Check out the processing times for Singapore and Islamabad as examples.

With inland, once you have AIP (which takes around 11 months), you qualify for an open work permit. That's also quite attractive to some.

However for Americans, it generally makes much more sense to apply outland regardless of whether you're in Canada or outside of Canada.

 

[SenoritaBella]

I think they just wish they could read minds but can't hence the treatment like a criminal at the border or visa office. lol Anyway, there is another lady(American) on this forum but I forget her username. She was sponsored by her Canadian husband. I believe when she applied for an extension she clearly told them she wanted to stay so as to fulfil common-law status. I think they gave her 1 year. Just search the forum, you will find her comments.

Hehe thank you! It is a bit of an alias for me. My boyfriend gave me the nickname "Bunny", so on any kind of forum websites where I don't want to use my standard user name that I use for Facebook or other personal accounts, I use ____Bunny.. ____ being what the website is related to . And yours is nice too, give yourself credit

Anyways, so he can put me on his health insurance through his job? That is so odd! I figured that would for sure be something that was a 'no' until we were at least married.

Before tonight, I really didn't think of common-law as a solid possibility. I don't have many "ties" to my country, so I'm always worried that they will not let me stay for 6 months, especially not 12+! I am fairly young and I don't have much to my name. I just felt like we HAD to get married and get my application in by the 5th month so they would let me stay. I guess I will be optimistic and see if common-law is in our future. It isn't a good feeling to be treated like a criminal every time I cross the border to see my love :\. I wish they knew that I am an honest person, and I will return home if I am required to. *sigh* Thank you again and again!