Hi I live in Canada and holding a citizenship m currently in a common law relationship with a guy who is legally married but not divorced. M currently in a living in relation with him in India and he is separated from his wife but not divorced. We have know each other long time ago and for some reasons(family issues) we couldn’t get married and we for some reason met each other after few years when u visited India and started falling for each other once again. I am moved to India in May and now I got to know that m pregnant and obviously I would want my child to born in Canada to become Canadian citizen and get all those benefits which is not provided in India at all. I don’t want to come to Canada but due to my pregnancy I will have to come. What is the best and quickest way for me to bring him to Canada as I would really want him to be with me during the delivery of our baby. Can I apply as common law partner application? I have also lived with him last year too for few months but as I said due to my pregnancy I will have to travel to Canada back. Which doesn’t make it one whole year but if I provide them a proof of my pregnancy picz of us our tenant agreement where we r living together and a joint account is it going to be enough? Ur advice will be really appreciated and I don’t want to take stress during this condition as my doctor adviced me to be happy plz don’t stress me with harsh comments . Thank you
Common law partner
- Thread starter Butterflyme
- Start date
Are you in a common law relationship? Common law is one year of living together continously. If you haven’t lived together for a year without any breaks then you are not common law.
The only option he has at this time is to try to apply for a TRV which would allow him to visit Canada temporarily as a tourist but not to move here.
Since you have not lived together for one year continuously, it is not possible for you to sponsor him for PR as your common law partner. This will only be possible once you've lived together continuously for at least one year - or once he gets officially divorced and then you get married to him.
I told u that I am moved there to live with him in May but I just got to know m 3 weeks pregnant and just because of that I will have to travel back to Canada so that my baby is born Canadian citizen and we r not married and I have no other option to sponsor him to come here so that atleast he is with me during the birth of our baby
I have visited him last year as well and lived with him for four months does that also doesn’t help if I show them the proof of my travel tickets? They don’t give visa to visitors easily so many people struggling.
Your 4 month visit will not count for anything. Unless you continue living together from May for a full year you will not be common law. He should be focusing on getting divorced. Unfortunately pregnancy does not guarantee that a partner can come to Canada. He will need to attempt yo get a TRV or if he has certain specialized skills he may be able to get a WP. Do you have employment in Canada, a place to live or family that you can live with, etc?
The approval of the visitor visa will be based on his profile (not your). To have a good chance of approval, he will want to show evidence of strong ties to his home country (e.g. employment, property ownership, other assets). He will also want to show that he has enough savings to pay for his trip to Canada. Also, if he has previous travel to countries requiring visas such as the US or UK, this will help his application. You can mention your pregnancy. However it may not be a good idea to put too much focus on this since it may make IRCC concerned he has plans on remaining in Canada long term and is not a genuine visitor. He should focus on showing his ties to his home country.
Yes I have a family in Canada my parents and siblings. I could stay for longer if I wasnt Pregnant . I work in Canada as a sub for daycare .The reason I didn’t stay longer last year coz of my citizenship and nowwhen I wanted to stay for longer I got pregnant. He applied for visit visa long time ago but got refused coz his sister lives in Montreal and he wanted to visit her just for 10 days and also enjoy vacation in Canada but got refused… I don’t want to take stress in this condition but I can’t control this as those questions killing me everyday
If he has a previous TRV refusal, then he will need to make sure he declares this in his new application and will need to put together a very strong application to be approved this time. The fact you will be in Canada and pregnant with his child and that he has other family already in Canada means he has very strong ties to Canada which will make approval much more challenging? What ties to his home country can he show? How much does he have saved to cover his trip?
So you are not common law. He needs a TRV to come to Canada. He needs to declare his past refusals. He shows his ties to home country, travel history and own funds. Your citizenship and proof of tickets are not relevant. You being pregnant will make it very challenging because he will not leave after the birth. He has not ties to return.
If you are a Canadian citizen, it does not matter what country your child is born in. Your child is eligible for Canadian citizenship through you.
he had shown all his money and stuff plus he has two kids from his wife which he mentioned when he wanted to visit his sister but still got refusal I don’t know why.. and I don’t have a feeling that if he will apply for visitor visa he will get approved as it’s very hard for counties like India to approved for visitor visa unless u r billionaire..
Just to correct this, that isn't necessarily true. If someone obtained citizenship through descent themselves, they generally cannot pass on their Canadian citizenship to their child if that child is born outside of Canada.
so u mean if I don’t travel back to Canada and give birth to our baby in India my child is still considered citizen of Canada? I visited him in May and my due date is also in May if I stay in India during my pregnancy and in 2024 I will complete one year with him than I can apply for common law application with him?
