Common law question

[Lammawitch]

You will be financially responsible for your boyfriend for three years after he lands as a permanent resident.

Sponsoring is designed for common-law partners who live in a marriage like relationship. Referring to your partner as a boyfriend vs a spouse or partner does not bode well for the application or process.

Do you feel like you could marry this man right now? Do you consider him your husband? If so, then it will likely be worth it to you to sponsor him. If he is pressuring you to do something you are uncertain about, my advice would be do not undertake sponsorship.



The fact that he has been working here illegally isn't sitting well with me, but I know people can and have been approved despite overstaying. It could be a whole mess of trouble as he will have to provide work history and addresses for the past ten years.

+1. I'm not getting a great vibe about this; did he tell you he was an illegal immigrant when you met? Or at least before you started living together?

Given that you say you have been living together for a year now, you did of course declare that on your income tax returns?

(CIC & CRA are now cross-referencing... )

 

[canuck_in_uk]

(CIC & CRA are now cross-referencing... )

To clarify, CIC cannot access a person's tax information. The only tax info that CIC sees is the Option C that the sponsor gives them and they don't care what marital status is listed on that.

 

[deweysmith]

hi my name is jagdeep
i got seperated from my husband
i want to have divorcee from him
actully i got married with him on 5th feburary 2014
i live in india for 2 months with him then i came back and i sponsered him
he came to canada on 10 december 2014
we live together for almost 5 months
we start getting problems
after 5 months we decided to get separate
so my question is as i told i sponsered him for canada
if i give him divorce within 2 years what effect could be on his immigration status
he already get his permanant resident card.
please reply
thanks

It depends on whether "Condition 51" is present on his visa or COPR papers, but it's likely his permanent resident status could be revoked when you divorce.

You should start a new thread if you need more information.

 

[Lammawitch]

To clarify, CIC cannot access a person's tax information. The only tax info that CIC sees is the Option C that the sponsor gives them and they don't care what marital status is listed on that.

I stand corrected . I see that the proposed amendments for greater access to CRA data by CIC HAVE NOT (yet) been approved, and don't specifically concern spousal sponsorship.

 

[Nu2This]

It is possible but no one can say for sure with a 3+ year break in cohabitation. There was a couple who were approved after living apart for several years but there is no guarantee.

No, they will not check your tax records. However, if you have been declaring single, you are committing tax fraud.

No idea what "new policy" you're talking about; financial requirements are the same as they were is 2012. There is no minimum income requirement to sponsor a spouse but you must show that you can support yourselves without welfare.

Top left, "Show new replies to your posts".

Thanks for the info Canuck in UK.

Maybe the Immigrations policies have not changed since 2012. From the information I was given in 2012 and from what I read on the forms given to me (not sure which forms they were) there was something about the sponsor had to have a certain income level or prove their income. I have a good, stable job with and I am not worried about that now, but then, I was going contract to contract, which was not stable. Maybe I had older forms, I really do not know and cannot recall everything now. I guess I should have submitted my forms anyway (back in 2012).

For proof of cohabitation and continuity of our common-law relationship since then, what type of proof have some of you submitted in support of your applications?

I noticed on the forms, they also ask about relatives or friends who are aware of the relationship, do we list everyone who knows or just a few people who would be willing to be references to us. There are so many forms and I am so confused and trying to figure out and play out the possible scenarios that could play out in our type of situation.

Has anyone had a similar experience and been all worked out well?

I am thinking he may just have to be here as a visitor for his 6 mos and then try to get it renewed until he has been here for another (more recent) year.

Would he have to leave the country and re-entre to get the extra 6 mos or is there a way he can get an extention or renewal on his first 6mos here?
Is this something that can be done here in Canada?

 

[aliaix]

Hi i am confused to this statement:
"That means living together for one year without any long periods where you did not see each other. Either partner may have left the home for work or business travel, family obligations, and so on. However, that separation must have been temporary and short."

'coz my partner will go to singapore next month and by that month it will be our nine months of cohabitation together. I will not go with him in singapore 'coz i am working and he is planing to stay there for one month. Here's my question. are we going to count the following month as our 9 months of cohabitation? and another question is that, one month not seeing each other is already a long period of time?

Hi , I'm a bit unclear on some things regarding the 12 months on living together to establish common-law. My boyfriend and I have been together for about 5 years now. We both worked on ships and that's where we met. We lived together on the ship and we can prove that we were registered as a couple but in was for 6 months at the time and then each of us would go home for vacation ( around 3 months) during witch we would visit each other. We quit our jobs on the ship in December and I came to Canada on my visitor visa. We got a place in January and both of our names are on the lease. Mid May I went home for a month as I can only be in Canada for six months at the time on my visitor visa. My question is , when January comes can we count this 12 months as establishment of common-law or me being away for a month messed that up?? And what should I do next as my six months are up again in December??
I would love some advice. Thanks!

 

[Aquakitty]

Hi , I'm a bit unclear on some things regarding the 12 months on living together to establish common-law. My boyfriend and I have been together for about 5 years now. We both worked on ships and that's where we met. We lived together on the ship and we can prove that we were registered as a couple but in was for 6 months at the time and then each of us would go home for vacation ( around 3 months) during witch we would visit each other. We quit our jobs on the ship in December and I came to Canada on my visitor visa. We got a place in January and both of our names are on the lease. Mid May I went home for a month as I can only be in Canada for six months at the time on my visitor visa. My question is , when January comes can we count this 12 months as establishment of common-law or me being away for a month messed that up?? And what should I do next as my six months are up again in December??
I would love some advice. Thanks!

While it's great you are following the rules and leaving after 6 months, how come you never applied to extend your stay? You can do so online a month before your stay expires.

As for if they would count that as common-law, I think it would stand up to scrutiny. You have extenuating circumstances (your unique jobs), lots of proof, and it was only a month. However I suggest just applying for an extension in November from within Canada rather than doing the "leave and return" status renewal method.

 

[canuck_in_uk]

My question is , when January comes can we count this 12 months as establishment of common-law or me being away for a month messed that up?? And what should I do next as my six months are up again in December??
I would love some advice. Thanks!

No one can tell you for sure if the VO will accept it or consider it a break in the 1 year of required cohabitation. If it had been just a few weeks, I would say go ahead; a month is a risk.

Apply to extend your stay in Canada and ask for a year. This will allow you to remain here cohabiting with your partner and definitively establish the required one year.