Common law question, can you please help me

[Andrei13]

HI, my name is Andrei and I am in a relationship with a woman with whom I have a 6 month old daughter. I met her in 2012 in July and we move together in Belgium in November 2012. I was spending my sabbatical year there and she was finishing her PhD. We stayed together, but unfortunately we do not have my name on a lease. In March 2013 we found that she is pregnant so we continued our relation until August 2013 when I had to return back to Canada as I was supossed to start teaching again. At that time she was pregnant 6 month and a half so it was dangerous for her to move to canada plus she did not have any insurance anything. She decided to go back home (Moscow) where she gave birth in November 2013. I went to Russia to stay with her for 3 weeks when she gave birth, then I vistied gher for Xmas and then finally I went and pick her and our daughter to Canada on February 23, 2014. My daughter is Canadian and my girlfriend has a working period for a year as a postdoctoral fellow, that started as of 1st of March 2014 and will end 1st of March 2015. We are in a very serious relation, but I do not want to get married again yet, for various reasons. So, my question is how can we do so that she will get her landed immigration via sponsorship asap? Technically, we are not common law yet as we did not stayed together CONTINUOUSLY for a year. In Septeber 2013 I had to come back to woirk and she could not come here. I have been there since then 3 times at birth etc. BUT we did not leave together from September 2013 til February 2014 when she moved in. Of course she will stay with me here for a year as she has the working permit so we can technically apply then, but her status will be visting after March 2015 and she will not have a working permit unless she gets some other postdoc or something.

Do you think is it possible to apply for common law in our case even if we do not have a year continuously, but put together we havbe. We have a good situation, the baby, all our friends know the relationship, we have pics, family visited so our case is strong, but I am wondering if we will get an immediate refusal, or shoud we try?

Alternatively how can we apply for her PR asap? I know marriage is the best case but we do not wanna do this purely for this reason.

Please help me, I was thinking to hire a lawyer but I am afraud that they will rip us off and will not help too much.

Thanks a lot
Best
Andrei

 

[Ponga]

No chance.

You must be able to prove that you have lived together for 1 full year (not 364 days either, but a complete year).

Your only option is to get married and apply for Spousal Sponsorship.

 

[Rob_TO]

Do you think is it possible to apply for common law in our case even if we do not have a year continuously, but put together we havbe. We have a good situation, the baby, all our friends know the relationship, we have pics, family visited so our case is strong, but I am wondering if we will get an immediate refusal, or shoud we try?

Same response here, zero chance for common-law. Your personal situation or reasons for not meeting 12 continuous months living together, is completely irrelevant to CIC. If you didn't meet 12 month qualifying, you aren't common-law. Period. No exceptions.
Common-law isn't just about having a genuine relationship, it's about meeting the legal definition of cohabitation for 12 months.

You have only 2 options
1. Qualify for common-law by living together 12 consecutive months. Based on moving in together Feb 23, 2014, the date of common-law qualifying will be Feb 23, 2015.
2. Get married. By far the quickest way. Even a small courtroom/civil wedding is most likely fine, with a "real" wedding with family to come later.

Those are your only options. A lawyer will not be able to do anything differently, so be wary of any that claim they can.

 

[screech339]

Unfortunately based on what you have posted, you have not met the 365 continuous "no breaks" apart days together to qualify for common-law. Even if you did qualified, you would have had a tough time convincing CIC of being together especially when your name is not on the lease together with your girlfriend.

Otherwise your relationship is genuine enough for CIC to be convinced but not enough to be considered "common-law". So you got two options.

1) Continue living together for 1 year (365 days) from the first day you were official together after the last break.

2) Get married. No waiting 365 days. You can apply any day after you get married when you have all the required documents.

 

[chakrab]

No chance.

You must be able to prove that you have lived together for 1 full year (not 364 days either, but a complete year).

Your only option is to get married and apply for Spousal Sponsorship.

according to CRA, people having a kid can be classified as common-law. not sure if it's just for CRA or even applies to CIC.

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/prsnl-nf/mrtl-eng.html

 

[Ponga]

according to CRA, people having a kid can be classified as common-law. not sure if it's just for CRA or even applies to CIC.

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/prsnl-nf/mrtl-eng.html

That has nothing to do with the CIC definition/requirement for Common-Law.

Tax issues and immigration issues are not the same.

 

[chakrab]

That has nothing to do with the CIC definition/requirement for Common-Law.

Tax issues and immigration issues are not the same.

i thought so, but wont he have to claim his taxes as common-law for child benefits according to cra rules?

 

[screech339]

i thought so, but wont he have to claim his taxes as common-law for child benefits according to cra rules?

The child benefits only applies when living in Canada. Not outside. So your argument is moot as the OP is living outside Canada.

 

[Andrei13]

Thanks a lot guys, this is very helpful. It is a bit sad but the law is law. So my next question is how can she get a working permit after this one year expires. I know we can apply for her for vistor status for a year after her working permit expires in March 2015. BUT her working permit will expire and in case the University will not renew her post doc for another one year, she will not be able to work. I guess if you are just a visitor and do not have a job offer or some contract you cannot apply for working permit.

In the case we get married, and apply for PR via spousal support, can she apply for working permit while we are waiting for the PR, or does she have to wait until the first 10 month decision and she can apply after? Or will this working permit be granted after the first period of time automatically? I am wondering what is the fastest way for her to be here and be able to work.

A third case is for her to apply individiually under the Canada experience class. SHe can apply only after one year of work experience in canada, this will also be March 2015. So in this case, will she be granted automatically a working period while she is waiting for this process? Is this way harder to get the PR when compared to the sponsorship case? Which one do you guys think is better in our case?

It is sad that having a baby here, it takes so much time for someone to obtain the working permit. In our case, if my girlfriend will have to leave the country because her status expires, I will definitely have to let her take our daughter as she is the mom and she can raise her better. This will make our life so miserable...

 

[Ponga]

The child benefits only applies when living in Canada. Not outside. So your argument is moot as the OP is living outside Canada.

Not quite sure that it was an `argument' though.

 

[screech339]

Not quite sure that it was an `argument' though.

True, but chakrab was trying to make a point that OP qualifies for child benefits under the CRA rules. It would apply if the OP, girlfriend and baby are all living in Canada.

 

[chakrab]

True, but chakrab was trying to make a point that OP qualifies for child benefits under the CRA rules. It would apply if the OP, girlfriend and baby are all living in Canada.

They are living in canada now though.

Thanks a lot guys, this is very helpful. It is a bit sad but the law is law. So my next question is how can she get a working permit after this one year expires. I know we can apply for her for vistor status for a year after her working permit expires in March 2015. BUT her working permit will expire and in case the University will not renew her post doc for another one year, she will not be able to work. I guess if you are just a visitor and do not have a job offer or some contract you cannot apply for working permit.

 

[Andrei13]

Yes we do, and I declared her as my Common Law partner for taxes. The baby is Canadian as well so she is entitled to benefits.
Can you please check my last question? Thanks guys a lot, really helpful website !!!

 

[screech339]

They are living in canada now though.

Thanks a lot guys, this is very helpful. It is a bit sad but the law is law. So my next question is how can she get a working permit after this one year expires. I know we can apply for her for vistor status for a year after her working permit expires in March 2015. BUT her working permit will expire and in case the University will not renew her post doc for another one year, she will not be able to work. I guess if you are just a visitor and do not have a job offer or some contract you cannot apply for working permit.

Didn't realize that. They qualify for child benefits on account they are parents. Everyone can collect child benefits if they have a child regardless of their martial status (only the mother can claim the benefits)

 

[chakrab]

Didn't realize that. They qualify for child benefits on account they are parents. Everyone can collect child benefits if they have a child regardless of their martial status (only the mother can claim the benefits)

actually i wasn't mentioning if or who can claim benefit, but the fact that the OP has to claim himself as common-law as his status to the CRA. so it's odd that his marital status is different in different govt institutions.