common law relationship and than holiday in own country - WORRIED!!!!

[Julia123]

Hi,
If you are in a common law relationship (no Application yet for Sponsorship Common Law Partner!!!) for over 3 years and you live together in Canada!

I wonder if the partner would go for holiday/visit (the own family in Germany) maybe for over 3 month or so ... would they still be in the common law relationship and they can apply for Sponsorship after back in Canada? OR are there problems?

Also is there a problem to enter Canada again ... like they would ask why you come to Canada? like you would say to get the Application done for the Sponsorship (send Application and do medical check)! would they let you in or only if you are come as a tourist (6month tourist visa by entry country)? worried that they could send you home on the airport?!!!

thank you!

my friend is really worried

 

[canuck_in_uk]

Hi

Provided the couple has at least one year of continuously living together, they are common-law. After establishing common-law, you are able to be apart and keep that status as long as you maintain the relationship during the time apart.

The person would enter Canada as a visitor. With proof of the PR app and proof of finances, the chances of being refused entry are very low.

 

[Julia123]

What could be the proof of PR Application? Pay the fees? and bring the payment form to the border?

thanks!

 

[chakrab]

one problem may be if the person stayed 3 years in canada illegally. if the person came as visitor and then overstayed the visa, then CBSA may be reluctant to allow entry. even with an application in process, it may be difficult to convince the officer. the person shouldn't have broken any laws by working illegally as well.

 

[jamsham12]

What could be the proof of PR Application? Pay the fees? and bring the payment form to the border?

thanks!

Proof of PR application would be the receipt of the right of permanent residence fee.

 

[Ponga]

one problem may be if the person stayed 3 years in canada illegally. if the person came as visitor and then overstayed the visa, then CBSA may be reluctant to allow entry. even with an application in process, it may be difficult to convince the officer. the person shouldn't have broken any laws by working illegally as well.

Agreed. An overstay (even with proof of a sponsorship application) could be a big problem...especially if the person has no ties back to their home country.

To the OP: Has this person been in Canada legally for 3 years?

 

[Julia123]

legally in Canada!

 

[canuck_in_uk]

What could be the proof of PR Application? Pay the fees? and bring the payment form to the border?

The fee receipt or sponsor approval if you have it by then.