Common Law Partner

[MountainMan256]

Hello, I plan on moving to Canada for a few months and extending my visa a few months before expiry. I will be living with my girlfriend. I am from US and she is a canadian citizen. Would it be okay if i moved up there with her for a year (extended visa) to become a common law partner?

 

[Rob_TO]

Hello, I plan on moving to Canada for a few months and extending my visa a few months before expiry. I will be living with my girlfriend. I am from US and she is a canadian citizen. Would it be okay if i moved up there with her for a year (extended visa) to become a common law partner?

Yes that is fine, US citizen can usually extend their visitor status (there is no such thing as a visitor VISA for a US citizen because you are visa-exempt) easily to reach the 12 months of cohabitation required for common-law. During this time you should be collecting proofs of cohabitation such as a joint lease/rental agreement, letter from landlord/home owners, joint bank account or credit cards, mail delivered to same address, joint utility bills, etc etc.

If here just as a visitor, you can't work the entire time. If you've done any university/college in the US you could look at getting a SWAP working holiday for I think a 1-year open work permit.

Also when crossing the border into Canada you can't state to CBSA you are "moving" here, nor should you have a ton of your belongings with you that would make it look like you're moving. You may be asked at the border for proof of funds to support your stay in Canada, and any ties you have back to US that show you will return (i.e. an address, employment, school, etc).

 

[CDNPR2014]

i would highly recommend NOT using the terms "moving" or "living" when seeking entry at the border. at this point, you can only visit. your plans to exend your stay as a visitor after you gain entry is not something you need to share with CBSA at the time of your entry (unless they specifically ask you - which they won't unless you give them reason to be suspicious). you want to focus on getting in under visitor status. This means you need to look like a visitor. if you show up with all your belongings and say you plan to move to canada without being approved for PR, work visa or study visa, it is highly likely you will be denied entry. as Rob mentioned about, don't be surprised if they ask you to show ties to the US - employment and housing are what they are looking for. in my experience they don't give much weight to belongings and family as "ties". Remember they have the right to go through all your belongings and technologies, and will question you if they find any mention about "moving" or "living" in canada or documents that a normal visitor wouldn't bring with them.

Once you are in as a visitor, you can then apply to extend your stay and ask for a 12+ month extension to prove commonlaw status. this is very common. You can't work in canada during this time, however you CAN work remotely for a US company.

 

[MountainMan256]

Thank you, I understand the no working or school while on a Visitor pass, but don't I have to tell them my plans if they ask what my intent is? Couldn't I get introuble if I dont state exactly what it is?

 

[Stevin]

Good Morning MountainMan,

This was exactly our scenario 13 months ago. My BF and I drove from his home town in RI, and he came to "visit" me in Alberta. Just before the stamp in his passport expired we applied for a visa extension. How do you plan on crossing border (plane, car?). Do not mention anything about "living". You are only allowed to visit. Only nce you have been "visiting" for 12 months can you apply under common-law (assuming you will be residing with your partner). This forum is fabulous and has assisted me time and time again with my questions. Good Luck

 

[MountainMan256]

I am visiting by plane, I have already gone before. Anyways, what should I tell them my intent is? To visit and maybe extend my stay?

 

[CDNPR2014]

I am visiting by plane, I have already gone before. Anyways, what should I tell them my intent is? To visit and maybe extend my stay?

your intent is to visit your girlfriend. DO NOT mention you plan to extend your stay unless they specifically ask you. you have to answer their questions truthfully. you do NOT have to offer information they don't specifically ask for. Telling them you plan to extend your stay can prompt them to ask more questions that can lead to a denied entry. If you are flying, having a return ticket helps prove your intentions to return to the us within a reasonable amount of time. It is safe to get a refundable ticket that shows you plan to leave in less than 6 months. 6 months is the longest entry CBSA will allow - make sure you pick a date that is within this timeframe. if you show up with a return ticket a year out - that will prompt them to be suspicious and can either lead to a denied entry or a visitor's record which will give you a specific date you need to leave by. If you get a visitor's record, you just have to apply to extend your stay sooner than you plan.

 

[MountainMan256]

Okay thank you! Stressful stuff!

 

[CDNPR2014]

Okay thank you! Stressful stuff!

as long as you act and talk like a visitor, you will probably not have any problems and your entry will be a lot smoother than you imagine. it is when you are acting like you are moving to or living in canada and don't appear to be following the rules that it becomes an issue.

 

[Stevin]

Yup! CDNPR2014 is exactly correct. Make no mention of "living" and travel light. Bringing an abundance of personal belongings also raises red flags. Pack as light as possible.

 

[errolveracruz]

Hi
Good day

I'm Errol from the Philippines, i just joined on this forum today i read a lot of threads from this site., and i found it helpful. I just wanna ask for help about my application.I was sponsored by my partner (canadian citizen) he applied the sponsorship in Canada then after 3 months of Assessment I received an email from Manila Immigration Canada that they received my papers for processing indicating my Application number.

I am always checking the updates on my paper through cic online services(ecas)says that they received my papers on April 17, 2015 and started to process July 13, 2015.As i have checked the processing times in my country i think it has reached the maximum processing time but still it is In Process.

I want to know what should I do next regarding on my application., PLease Help.., Thank u in advance ., Godbless

 

[profiler]

Hi
Good day

I'm Errol from the Philippines, i just joined on this forum today i read a lot of threads from this site., and i found it helpful. I just wanna ask for help about my application.I was sponsored by my partner (canadian citizen) he applied the sponsorship in Canada then after 3 months of Assessment I received an email from Manila Immigration Canada that they received my papers for processing indicating my Application number.

I am always checking the updates on my paper through cic online services(ecas)says that they received my papers on April 17, 2015 and started to process July 13, 2015.As i have checked the processing times in my country i think it has reached the maximum processing time but still it is In Process.

I want to know what should I do next regarding on my application., PLease Help.., Thank u in advance ., Godbless

You may want to get a myCIC account, and link it to your application. There is more information available in there. You can find it here: http://www.cic.gc.ca/english/e-services/account.asp

 

[errolveracruz]

You may want to get a myCIC account, and link it to your application. There is more information available in there.

thanks for the advice., appreciate it

is there other way to follow up our application? its been 10 days since it has reached the processing time., and getting harder and harder each day., nervous., and hard praying about it.,, please help.. ??? ??? ???

 

[km9203]

as long as you act and talk like a visitor, you will probably not have any problems and your entry will be a lot smoother than you imagine. it is when you are acting like you are moving to or living in canada and don't appear to be following the rules that it becomes an issue.

Also, make sure you have enough money on you, as if you don't they may worry that you'll work illegally. I took travellers cheques and a copy of my bank statement. They asked how much money I had but didn't ask to see either documents. Also with your return ticket, book it for maybe 2 months. If you book it for 6 months then they might be weird as that's the maximum you can visit and might worry you will overstay.

Never give more information than what they ask for.