Common-law sponsorship for Swedish partner.

[digdug]

I would like to know if/when I am able to sponsor my girlfriend. Here is our situation...

- She is from Sweden. She came to Canada in mid. September 2013 on a one year working holiday visa. She received a second visa (young professional) which lasts one year from beginning of September 2014. The company she works for provided a reference/sponsorship for her second visa.
- I am a Canadian citizen.
- We met in the beginning of May 2014, and started dating in early June 2014. In the middle of November 2014 we moved in together. We have co-signed the lease together, we both work, and we split all bills and domestic duties 50/50. We have shared travels, and met each other’s families.

Questions...

1. At what point can I submit an application? Do I have to wait until after mid. November 2015, and if so can she legally overstay her visa if she stops working?
2. Are there any other visas that she could get in order to cover the time needed to qualify as common-law?
3. If we move overseas and continue to live together can I sponsor her while we both live and work abroad? We would like to stay in Canada if possible, but there are often job opportunities for myself overseas (Asia, South America) and moving to Sweden would also be an option since our current status allows her to sponsor me (jobs would be tougher for me in Sweden).

I appreciate any advice with this since as it looks to me now the only option for us to remain in Canada is to either get married (which neither of us view as relevant or a necessity in 2015) or for her to pursue studies and obtain a student visa.

Thanks in advance for any help provided!

 

[rhcohen2014]

1. you can't sponsor her as commonlaw until you actually become commonlaw, which is on the 366th day you have lived together. you are not commonlaw until you cohabitate for 365 consecutive days. otherwise, you will need to get married to sponsor her.
1a. no, she can not "legally overstay her visa". she has to extend her stay as a worker, student or visitor. if she fails to do so, she will lose her status. sending in a PR application does not give someone implied status or allow them to overstay without permission. PR applicants are rarely denied extensions, and working towards commonlaw/submitting a pr application is an acceptable reason to apply for one. This can be done online, and she does not have to leave canada change her status to visitor.
2. a work visa, which requires her to have a job offer from an employer, a student visa which requires her to be accepted in a canadian school and prove enough funds to cover tuition, or a visitor's visa.
3. yes, and when you are able to apply you will want to include information in your application about your plans to resettle in canada. cic must believe you plan to return to canada as soon as she is approved, otherwise you risk the application being denied.

 

[Graihn]

I would like to know if/when I am able to sponsor my girlfriend. Here is our situation...

- She is from Sweden. She came to Canada in mid. September 2013 on a one year working holiday visa. She received a second visa (young professional) which lasts one year from beginning of September 2014. The company she works for provided a reference/sponsorship for her second visa.
- I am a Canadian citizen.
- We met in the beginning of May 2014, and started dating in early June 2014. In the middle of November 2014 we moved in together. We have co-signed the lease together, we both work, and we split all bills and domestic duties 50/50. We have shared travels, and met each other's families.

Questions...

1. At what point can I submit an application? Do I have to wait until after mid. November 2015, and if so can she legally overstay her visa if she stops working?

I am Swedish and I obtained the same two visas for myself. You can only apply after you have lived together for AT LEAST one year. So, mid-Nov 2015.

She cannot legally overstay her visa, that would make it illegal. We crossed the border to the US and came back to Canada to change my status to visitor one day before my work visa expired. They really grilled us at the border, because I didn't think it was a big deal but they did, so I had to show proof of applying for jobs in Sweden. What she really needs is to show a ticket to Sweden to make it easier (can be booked refundable).

This can be avoided if you apply for a visitor visa online before the work visa expires.

2. Are there any other visas that she could get in order to cover the time needed to qualify as common-law?

Visitor visa.

3. If we move overseas and continue to live together can I sponsor her while we both live and work abroad? We would like to stay in Canada if possible, but there are often job opportunities for myself overseas (Asia, South America) and moving to Sweden would also be an option since our current status allows her to sponsor me (jobs would be tougher for me in Sweden).

You HAVE to be a Canadian citizen, not a PR. Also, you HAVE TO show intent of living in Canada after she's approved. Otherwise you'll be denied.

I appreciate any advice with this since as it looks to me now the only option for us to remain in Canada is to either get married (which neither of us view as relevant or a necessity in 2015) or for her to pursue studies and obtain a student visa.

Thanks in advance for any help provided!

See answers in RED above.

 

[digdug]

Seems like a visitor visa may be our best bet…. Thanks Graihn & rhcohen2014!!

 

[Jaanos]

Hi,

any update on how this all went? I am in a similar situation and am looking at moving abroad for my partner to qualify for common law.

The CIC immigration site has some conflicting information though: w w w .cic.gc.ca/english/information/applications/guides/3900ETOC.asp#res-declaration

"Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad."
So if I am on a temporary working visa for 2 years is this considered 'residing abroad' or is this only if I am not planning to return to Canada?

It then also says:

"In order to sponsor, you must… live in Canada or provide evidence, if you are a Canadian citizen living outside of Canada, that you will live in Canada once the person you are sponsoring becomes a permanent resident."

Any help or advice greatly appreciated!

 

[canadianwoman]

If you are a Canadian citizen, you can sponsor your spouse while living abroad. While you are on a two-year working visa, you will be living abroad. So CIC will demand proof that you will be returning to Canada to live once your partner becomes a PR.

 

[Jaanos]

Thank you!

Just to put my mind at ease - have you actually done this? Or are you qualified to give such advice? Sorry to sound so particular but this is a big deal and I really do not want to get to applying only to find out I do not qualify...

Cheers

 

[canadianwoman]

The CIC immigration site has some conflicting information though: w w w .cic.gc.ca/english/information/applications/guides/3900ETOC.asp#res-declaration

"Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad."
So if I am on a temporary working visa for 2 years is this considered 'residing abroad' or is this only if I am not planning to return to Canada?

This quote means a Permanent Resident must be living in Canada to sponsor. Canadian citizens can sponsor while living abroad. They then go on to specify that a Canadian citizen who is travelling as a tourist is not 'residing abroad'. For example, a Canadian citizen who goes to Hawaii for two weeks on vacation is not residing abroad. He or she keeps his or her residential address in Canada.

A Canadian citizen who leaves Canada for two years is going to be asked to provide proof that he or she will return to Canada when the spouse gets PR. Even if the two years is spent travelling. And certainly if the sponsor has a working visa for another country.

It then also says:

"In order to sponsor, you must... live in Canada or provide evidence, if you are a Canadian citizen living outside of Canada, that you will live in Canada once the person you are sponsoring becomes a permanent resident."

This means that a Permanent Resident must live in Canada to sponsor; a Canadian citizen can live in Canada and sponsor, or live outside of Canada and sponsor. If it is the latter, the sponsor must provide proof he or she will return to live in Canada.

Are you a PR or a Canadian citizen?