Common-Law sponsorship and the 6 month time limit

[TylerMartinSicchia]

Hi, my girlfriend and I want to start our life together. She lives in the United States and I live in Canada. From what we understand, you must live together (and have proof of this) for 12 months, yet you can only stay in Canada for 6 months. So how is it possible for me to be able to sponsor her as my common-law partner? We have read that others have extended their visit in Canada, but it's not always guaranteed, and to me this seems like an illegitimate way to obtain this status. She currently can't get a work permit or a study permit either, so those aren't options.
Are there any tips that would help us get a more "guaranteed" or likely chance of her getting that 6 months extended to 12 months?
Also, how do we go about doing this?
Lastly, if we get to the point where we can apply for her permanent residency, is she allowed to apply again to stay longer in the country while her status is being processed, or would she have to leave the country at that point?
Any advice would be very helpful, thank you!
Tyler

 

[Sweden]

Hey Tyler,

You could live 6 months in the US then she could some 6 months in Canada, that would count as 12 months together.
Or she could come for 6 months, then before her tourist visa expires, she could apply for an extension ( online) asking for another 6 months. It would allow you to live together for 12 months and become common-law. Nothing illegal there, it's permitted and quite a few US/Can couples are doing that.

Once you have the 12 months, you can apply for her PR, and she can keep on extending her visa. There is no maximum number of time you can extend it, and it's legal. The main "issue" is that she would not be allowed to work in Canada, but if you can afford to support her for that time, then it's OK.

Good luck,
Sweden

 

[jiggyzealous]

If you want here in a rush, then common law isn't the way to go because then you'd have to live with here for at least a year. The good thi ng is that she is a citizen of the united states so she could come across without any problem. I would recommend that you get married to her or split living together in each of your countries in segments of six months and please retain all proofs of this happening. its not worth living together without safe guarding the proofs

 

[scottishmaple]

If you want here in a rush, then common law isn't the way to go because then you'd have to live with here for at least a year. The good thi ng is that she is a citizen of the united states so she could come across without any problem. I would recommend that you get married to her or split living together in each of your countries in segments of six months and please retain all proofs of this happening. its not worth living together without safe guarding the proofs

A Common-Law couple are not required to live together in the same country or in Canada for 12 months to be considered common-law, they are just required to live together as common-law for 12 consecutive months. So that can be 6 in Canada 6 in USA or whatever country. As long as they have the required evidence to prove they are in a genuine relationship and have evidence of their common-law relationship then applying through family class as common-law is a route then can follow.