Common-Law Sponsoring: the more I read, the less I understand

[kesioo]

Hi everyone,
I'm new to the forum, and after spending many hours reading posts, I knew I had to register on it. It feels so good to know there is a lot of people willing to help others during this tedious process.

In my case, I read a lot of topics here and in many other websites, as well as the CIC website and many more in my own language. But still, I can't figure out the steps we should follow.

In case you want to help us, this is our situation:
My girlfriend and I met each other in January last year traveling in Mexico. She is from Canada, and I am from Argentina. We passed by each other on the street, and a simple and honest smile was the start of our story.
We spent an amazing time together and in March, she had to go back to Canada. As I was traveling around the continent, I flew to Canada in April to see her and We spent my whole 6 months visa together. Since I'm a dual citizen, Italian, it wasn't hard for me to go to Canadá (as an Argentinian I would have had to go back to my country and apply for a visa). But, eventually, I had to leave the country. So, We continue on for a few months apart from each other (I went back to Argentina) till We met again in Mexico for another two months recently, in February and March. But because of her work, she had to go back to Vancouver and I stayed in Mexico doing freelance work.
So as you may imagine, We are looking for ways to keep going with our story and start a life together; not easy at all apparently.

We know marriage is an option, but neither of us wants to do it for papers. We really want that to be a celebration of our relationship.

So We thought the Common-law sponsoring is our best option.
Somebody told her that what we should do is live together in Canada for 6 months collecting all the paperwork we can, and when my visa is about to expire, renew for 6 more months. After all, We would have our proof after 12 months. Does it make sense?

If so, after 12 months collecting documents We would apply for the Common-law (with open work permit). Would I have to renew my visa a 3rd time? We would have to apply as inland.. right?
And regarding my dual citizenship, since all my background documents are from Argentina... I would have to apply as such or it doesn't matter since I'm the same person no matter the passport..?
Because of course, it's easier for me to visit her as Italian (as Argentinian I would have to request a visa at an embassy).

Sorry if its a little messy, I tried my best
Thanks in advance for spending time reading my post and for any help, guidance or advice you can give us.

Bye!

 

[Hurlabrick]

Have a read of these articles. These helped me for sure:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada

Then, as well as the official completion guides on the CIC website, I also found this very useful:

http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ_-_New_Application_Forms

Happy reading!

 

[Rob_TO]

Somebody told her that what we should do is live together in Canada for 6 months collecting all the paperwork we can, and when my visa is about to expire, renew for 6 more months. After all, We would have our proof after 12 months. Does it make sense?

Yes it makes sense. The only really difficult part, is you'd need to stay in Canada all this time as a visitor so won't be able to work.

If so, after 12 months collecting documents We would apply for the Common-law (with open work permit). Would I have to renew my visa a 3rd time? We would have to apply as inland.. right?

You can apply INLAND along with an OWP. This allows you to stay in Canada during the process, and get the OWP after approx 4 months from submitting the happ.
Or you can apply OUTLAND. There is no OWP so you can stay in Canada as a visitor for as long as it takes. Many choose outland since from many visa offices it's quicker than inland.

And regarding my dual citizenship, since all my background documents are from Argentina... I would have to apply as such or it doesn't matter since I'm the same person no matter the passport..?

If you apply INLAND I don't think it matters what citizenship you used.
If you apply OUTLAND, what passport you show may decide the visa office they send the app to. Or IRCC could choose either citizenship to base your processing on, it's really up to them.

 

[kesioo]

Have a read of these articles. These helped me for sure:

URL --

Then, as well as the official completion guides on the CIC website, I also found this very useful:

URL --

Happy reading!

Thanks Hurlabrick. Although it says it is for british citizen, the information is pretty general and I already have read it completely yesterday before posting this.
I do understand how the process works for marriage or common-law.. what I don't understand is, if the option I'm posting is a frequent one for a couple living separately. How would you do it?

Yes it makes sense. The only really difficult part, is you'd need to stay in Canada all this time as a visitor so won't be able to work.

Thanks for your answer Rob_TO. I'm aware of that, but I would be working freelance the same way I'm doing it right now.

You can apply INLAND along with an OWP. This allows you to stay in Canada during the process, and get the OWP after approx 4 months from submitting the happ.
Or you can apply OUTLAND. There is no OWP so you can stay in Canada as a visitor for as long as it takes. Many choose outland since from many visa offices it's quicker than inland.

I understand that OUTLAND is faster than INLAND. But it's interesting the idea of a OWP after just a few months.
So after renewed my visa the 2nd time, applied for the sponsorship, I would have to renew it a 3rd time because the process itself gives me a valid status in the meantime?

If you apply INLAND I don't think it matters what citizenship you used.
If you apply OUTLAND, what passport you show may decide the visa office they send the app to. Or IRCC could choose either citizenship to base your processing on, it's really up to them.

I think the same as for OUTLAND, the would send everything to Italy and that would be a problem.
So my question is actually for INLAND. If I enter as Italian (so it's easier for me to go see her), then I'll be able to apply all my Argentinian papers? I would guess since having a dual citizenship is a right, and after all, I'm the same person...

Thanks you both for your time

 

[Rob_TO]

Thanks for your answer Rob_TO. I'm aware of that, but I would be working freelance the same way I'm doing it right now.

As long as you aren't doing freelance work for any Canadian clients, which would be illegal with no work permit. You could only do work remotely for clients outside Canada, and get paid by sources outside Canada.

So after renewed my visa the 2nd time, applied for the sponsorship, I would have to renew it a 3rd time because the process itself gives me a valid status in the meantime?

Once you submit the INLAND app with OWP, there is then no more need to extend any status. The OWP will give you valid status during PR processing time.

I think the same as for OUTLAND, the would send everything to Italy and that would be a problem.

You send the complete OUTLAND PR package to CIC Mississauga office. They will then forward it to appropriate outland visa office. It's only a problem if they request an interview, which is rare for most apps.

So my question is actually for INLAND. If I enter as Italian (so it's easier for me to go see her), then I'll be able to apply all my Argentinian papers? I would guess since having a dual citizenship is a right, and after all, I'm the same person...

If you apply inland I don't think it matters what passport you use to apply. You'll still need police clearances for all countries you've lived in 6 months or longer, since age 18.

 

[canuck_in_uk]

So after renewed my visa the 2nd time, applied for the sponsorship, I would have to renew it a 3rd time because the process itself gives me a valid status in the meantime?

I think the same as for OUTLAND, the would send everything to Italy and that would be a problem.
So my question is actually for INLAND. If I enter as Italian (so it's easier for me to go see her), then I'll be able to apply all my Argentinian papers? I would guess since having a dual citizenship is a right, and after all, I'm the same person...

Whether you need to extend your visitor status depends on how long you are given in the previous extension. When you apply for your first extension, explain that you will be applying for common-law and ask for one year. That would take you well past the one year needed for common-law and allow you to get your PR and OWP apps submitted with more than enough extra time.

There is little chance that IRCC would send the app to the Rome office if you've never lived in the country, regardless of what passport you use when entering.

 

[kesioo]

Thanks again for your answers.

As long as you aren't doing freelance work for any Canadian clients, which would be illegal with no work permit. You could only do work remotely for clients outside Canada, and get paid by sources outside Canada.

I'm aware of that. I wouldn't do such thing. I travel while working remotely with the same clients for a long time already.

You send the complete OUTLAND PR package to CIC Mississauga office. They will then forward it to appropriate outland visa office. It's only a problem if they request an interview, which is rare for most apps.

Is that so? Is is really rare? Usually, when would an interview be requested?

If you apply inland I don't think it matters what passport you use to apply. You'll still need police clearances for all countries you've lived in 6 months or longer, since age 18.

I would deliver those records, no problem at all.
So even within Canada, I should apply as OUTLAND..?

Whether you need to extend your visitor status depends on how long you are given in the previous extension. When you apply for your first extension, explain that you will be applying for common-law and ask for one year. That would take you well past the one year needed for common-law and allow you to get your PR and OWP apps submitted with more than enough extra time.

There is little chance that IRCC would send the app to the Rome office if you've never lived in the country, regardless of what passport you use when entering.

If ask for a renewal explaining I will apply for a Common-Law.. wouldnt that be a good reason for them to deny my renewal?

Thanks guys