Common Law Sponsorship after living together with Working Holiday Visa

[MrCWilly]

Just realized my grammatical error above: "BOTH" should read "NEITHER". I apologize for any confusion.

 

[canuck_in_uk]

Man. I guess I should confirm other information she gave me.

Given that we are applying as Common Law, and her status ends the day we officially become common law, does this present any barriers to an outland application?

The representative said that it didn't because BOTH status and cohabitation are not requirements of an outland application. Our year of living together qualifies us and we do not have to be living together again until the Sponsorship is processed. Is that right?

Don't follow anything said by the Call Centre.

While status is not a requirement for applying for PR, it is a bad idea to ever be out of status. She needs to maintain her status in Canada. As I said in a previous post, apply before her permit expires to change conditions and extend her stay as a visitor. When her permit expires, she will have Implied Status. Give yourselves that extra time to apply instead of submitting on the exact day you become common-law.

Once you become common-law, you can live apart. As long as you can prove the relationship is ongoing, there is no issue.

 

[MrCWilly]

We were intending to do extend her stay, but from reading the material it seemed like it was not possible to change conditions and extend a stay as a visitor with the Working Holiday Visa. Also, that if we did, any Implied Status was lost with her traveling out of the country.

For an outland application, she also said that we would not have to apply directly on the year date like we would have to for an inland application. We intend to apply soon after, but the earliest she will be able to get our Statutory Declaration of Common Law Union signed by a notary at the Canadian Consulate in Stuttgart will be about 5 days after that date.

 

[Ponga]

We were intending to do extend her stay, but from reading the material it seemed like it was not possible to change conditions and extend a stay as a visitor with the Working Holiday Visa. Also, that if we did, any Implied Status was lost with her traveling out of the country.

For an outland application, she also said that we would not have to apply directly on the year date like we would have to for an inland application. We intend to apply soon after, but the earliest she will be able to get our Statutory Declaration of Common Law Union signed by a notary at the Canadian Consulate in Stuttgart will be about 5 days after that date.

She, the person at the CIC Call Centre, I assume, must have an IQ lower than Pi...like 3.13 at best!

As soon as a person meets the 365 days of living together, they can apply for Common-Law sponsorship. It doesn't matter if it's next day...next week...next month...next year, etc., and it certainly doesn't matter if it's Inland or Outland; if they're together in Canada they can apply for either.

 

[MrCWilly]

Sorry, the disregarded question below had been answered, although it is not clear why having status is so important on the day of application or during the processing period when we can prove status over a full year living together?

It seems there is a bit of discrepancy between Canuck and Ponga, but I am probably misinterpreting. Canuck is talking about avoiding having to apply on the exact day our Common Law is official and her status expires. Is this because Canuck believes that having status is so important at the time of application? Am I missing something?

Any potential solutions relating to the extension of a Working Holiday Visa while also being able to leave the country with this solution?

*Disregard: Hopefully my last question. Choosing to go with the Outland application, if she takes a job in back in Germany while we wait for the PR to be processed instead of her sitting around idle in Canada, what are the chances that us not living together during the processing period affects our application?

 

[Ponga]

Sorry, the disregarded question below had been answered, although it is not clear why having status is so important on the day of application or during the processing period when we can prove status over a full year living together?

It seems there is a bit of discrepancy between Canuck and Ponga, but I am probably misinterpreting. Canuck is talking about avoiding having to apply on the exact day our Common Law is official and her status expires. Is this because Canuck believes that having status is so important at the time of application? Am I missing something?

Any potential solutions relating to the extension of a Working Holiday Visa while also being able to leave the country with this solution?

*Disregard: Hopefully my last question. Choosing to go with the Outland application, if she takes a job in back in Germany while we wait for the PR to be processed instead of her sitting around idle in Canada, what are the chances that us not living together during the processing period affects our application?

As soon as a person has met the requirement to apply (1 full year of cohabiting), the couple can leave apart as long as the rest of the relationship continues. This only applies to an Outland applicant, since Inland requires the couple (even married couples) to continue to live together during the entire process.

Her returning to Germany right away may cause the officer to exam the application a little closer, but it would not be a reason for a refusal...unless the officer has doubts that the relationship is still ongoing.

 

[MrCWilly]

Awesome. We have a very solid case for proving the relationship with years of pictures flight tickets and the rest, so I feel quite confident about that piece.

One last question (For real this time, I hope!). Does the notary she goes to in Germany have be from the Canadian Consulate or can she go to a German notary as well?

 

[Ponga]

Awesome. We have a very solid case for proving the relationship with years of pictures flight tickets and the rest, so I feel quite confident about that piece.

One last question (For real this time, I hope!). Does the notary she goes to in Germany have be from the Canadian Consulate or can she go to a German notary as well?

Are you having that document signed by two separate notaries (one in Canada and one in Germany)?

If she's still here in Canada with you now, you should both go together (here) to have it signed.

 

[MrCWilly]

Ya two separate notaries. We aren't officially common law until the day she flies out, which is early Sat morning. So figured this was the easiest work around.

 

[Bcboundboy]

Ya two separate notaries. We aren't officially common law until the day she flies out, which is early Sat morning. So figured this was the easiest work around.

Just to check that you're actually getting common law status, are you certain that you've counted right?

To do a calendar year as easiest example, if she arrived in Canada on January 1st, then her one year permit would expire, and she would need to leave, on Dec 31st, which is one day *before* you would become CL on Jan 1st the year after she arrived?

 

[MrCWilly]

Really. Does she need to stay one day beyond her Visa status? I mean what's the difference if she leaves on a trip for a couple of days in the middle of our living together and flying out a day early? or if she flies out and then comes back soon after, whether she has status or not, we're still living together. I didn't see anywhere they even ask for departure details, so presumably they wouldn't even know...

 

[Ponga]

Really. Does she need to stay one day beyond her Visa status? I mean what's the difference if she leaves on a trip for a couple of days in the middle of our living together and flying out a day early? or if she flies out and then comes back soon after, whether she has status or not, we're still living together. I didn't see anywhere they even ask for departure details, so presumably they wouldn't even know...

It is paramount that she have at least 365 continuous days of cohabiting with you before the application is submitted. People have been refused for being even one day short!

CBSA does know when a person leaves Canada and...CIC could certainly have access to this information as well. She could simply stay an extra day, to ensure the math is correct. Her one day overstay would NOT prevent her PR from being approved. Being one day short certainly could.

 

[MrCWilly]

We are still cohabiting if she is just going to Germany for a visit and returns out of status. I don't see why the leave day is so critical. And we do have a strong application having known each other for 5+ years and 3+ years of dating with pictures, flight tickets and Skype history, so there shouldn't be any reason for red flags.

This craziness aside, are we allowed to use a German notary, or would she have to visit a Canadian Consulate?

 

[Bcboundboy]

We are still cohabiting if she is just going to Germany for a visit and returns out of status. I don't see why the leave day is so critical.

You clearly think that, but CIC enforce their rules, and they have been known to be strict down to the day. If you are relying on time spent together in Canada, and she leaves before that time is up, then you haven't technically met them.

Strange as it might seem, it is different, and better (although still not ideal), to have a week apart in the middle, then have her leave for a while right before you actually acquire the status you need. In the first case, you have lived together for a year. In the second, you have lived together for just under a year.

So long as the time she spends back in Germany is short (ie less than two weeks), you should be able to apply on her return, if she does not delay her departure in order to qualify before she leaves.

 

[canadianwoman]

Once a couple has lived together for one continuous year, they are considered common-law and do not have to continue to live together. They do have to show that the relationship is continuing, but if she wants to go back home for a couple of months, that is fine.

Make sure it is a full one year you have lived together. I would not chance her going home even one day early.

When she comes back into Canada, she will be entering as a visitor, just like anyone else from Germany.