Common law sponsorship HELP PLEASE

[Shaqtk]

Hi guys I need your help.

I've been in Canada since 2016 on a visitors visa which I've gotten an extension on. I met my girlfriend (Canadian) up here and have been living with her in her moms house.

She's now a couple months pregnant and next month makes a year since we've been living together. My extension is up at the end of November and I want to stay and be able to work to support her and our child and our family in general.

I'm going to apply for common law sponsorship but I'm also not sure of exactly what's necessary to apply.

1. Do I need to get another extension as a visitor as my time is up in a couple of months?

2. Can I apply for sponsorship and my work permit alone with no further extension necessary?

3. Is it ok to apply for sponsorship next month as it makes a year that we've been living together?

Sorry for the long post but I'd appreciate any feedback.

Regards

 

[Classic Chucks]

Hi guys I need your help.

I've been in Canada since 2016 on a visitors visa which I've gotten an extension on. I met my girlfriend (Canadian) up here and have been living with her in her moms house.

She's now a couple months pregnant and next month makes a year since we've been living together. My extension is up at the end of November and I want to stay and be able to work to support her and our child and our family in general.

I'm going to apply for common law sponsorship but I'm also not sure of exactly what's necessary to apply.

1. Do I need to get another extension as a visitor as my time is up in a couple of months?

2. Can I apply for sponsorship and my work permit alone with no further extension necessary?

3. Is it ok to apply for sponsorship next month as it makes a year that we've been living together?

Sorry for the long post but I'd appreciate any feedback.

Regards

1. If you can, go get another one.
2. You applying for an extension is basically your safety net just in case your file gets returned.
3. Only apply after continuously living together for 12 months.

Best thing you can do is apply for an inland spousal sponsorship and include an Open Work Permit application. Good luck

 

[canuck_in_uk]

Hi guys I need your help.

I've been in Canada since 2016 on a visitors visa which I've gotten an extension on. I met my girlfriend (Canadian) up here and have been living with her in her moms house.

She's now a couple months pregnant and next month makes a year since we've been living together. My extension is up at the end of November and I want to stay and be able to work to support her and our child and our family in general.

I'm going to apply for common law sponsorship but I'm also not sure of exactly what's necessary to apply.

1. Do I need to get another extension as a visitor as my time is up in a couple of months?

2. Can I apply for sponsorship and my work permit alone with no further extension necessary?

3. Is it ok to apply for sponsorship next month as it makes a year that we've been living together?

Sorry for the long post but I'd appreciate any feedback.

Regards

Hi

Do you have proof of one year of continuous cohabitation?

 

[Shaqtk]

1. If you can, go get another one.
2. You applying for an extension is basically your safety net just in case your file gets returned.
3. Only apply after continuously living together for 12 months.

Best thing you can do is apply for an inland spousal sponsorship and include an Open Work Permit application. Good luck

Ok, I will do that then. Does it make sense to apply for the extension before the sponsorship and work permit or can I apply for them all at the same time and get the same result?

 

[Shaqtk]

Hi

Do you have proof of one year of continuous cohabitation?

I don't exactly have proof of time. I've been living with her for a year as of next month in her mothers basement and the mother said she can write me an affidavit.
We also have a bank account together, both of our licenses have the same address which is where we live, and other miscellaneous things like texts, pictures, videos, receipts of trips and dates, call logs, etc.

I'm not sure how else we can prove the legitimacy of our living together, what would you suggest?

 

[kailu]

I don't exactly have proof of time. I've been living with her for a year as of next month in her mothers basement and the mother said she can write me an affidavit.
We also have a bank account together, both of our licenses have the same address which is where we live, and other miscellaneous things like texts, pictures, videos, receipts of trips and dates, call logs, etc.

I'm not sure how else we can prove the legitimacy of our living together, what would you suggest?

Sounds like you have a lot of the proof you will need. Her mom can sign that letter saying you've been living together in the basement, that is a good idea. However, She could draft it up as a rental agreement as well (even if you pay nothing) so its like a lease, and have both of you sign it as well.

In the common-law sponsorship application it asks for proof

This is from the CIC website
"Items that can be used as proof of a common-law relationship include:

• shared ownership of residential property
• joint leases or rental agreements
• bills for shared utility accounts, such as:
  • gas
  • electricity
  • telephone
  • joint utility accounts
• important documents for both of you showing the same address, such as:
  • driver’s licenses
  • insurance policies
• identification documents

You don’t need to include all these items to prove your relationship is real. We may consider other proof as well. Use the document checklist (PDF, 1.97 MB) to find out what to submit with your application.

We don’t return photos, telephone bills or letters. Don’t send videos or CD-ROMs. We’ll return original documents such as marriage certificates and passports. However, you should send certified photocopies unless your checklist or country-specific requirements ask you to submit originals."



Also, from what I've seen it has also been recommended that you fill out the common law declaration even though it is not a requirement.
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.pdf

Outside of those you can also find bills that belong to each of you (non-joint) that you can submit to show proof of timeline as well.

Pictures are required in the application, (up to 20) from various dates with descriptions and names if other people are in them.

But from what you have said it sounds like you have a lot of what you need, you just have to prove that it has been a year in which you have been living together. That's where the joint banking and other bill statements, as well as the letter from her mom about the living situation will come in to play.

 

[Shaqtk]

Sounds like you have a lot of the proof you will need. Her mom can sign that letter saying you've been living together in the basement, that is a good idea. However, She could draft it up as a rental agreement as well (even if you pay nothing) so its like a lease, and have both of you sign it as well.

In the common-law sponsorship application it asks for proof

This is from the CIC website
"Items that can be used as proof of a common-law relationship include:

• shared ownership of residential property
• joint leases or rental agreements
• bills for shared utility accounts, such as:
  • gas
  • electricity
  • telephone
  • joint utility accounts
• important documents for both of you showing the same address, such as:
  • driver’s licenses
  • insurance policies
• identification documents

You don’t need to include all these items to prove your relationship is real. We may consider other proof as well. Use the document checklist (PDF, 1.97 MB) to find out what to submit with your application.

We don’t return photos, telephone bills or letters. Don’t send videos or CD-ROMs. We’ll return original documents such as marriage certificates and passports. However, you should send certified photocopies unless your checklist or country-specific requirements ask you to submit originals."



Also, from what I've seen it has also been recommended that you fill out the common law declaration even though it is not a requirement.
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.pdf

Outside of those you can also find bills that belong to each of you (non-joint) that you can submit to show proof of timeline as well.

Pictures are required in the application, (up to 20) from various dates with descriptions and names if other people are in them.

But from what you have said it sounds like you have a lot of what you need, you just have to prove that it has been a year in which you have been living together. That's where the joint banking and other bill statements, as well as the letter from her mom about the living situation will come in to play.

I'll take your advice on getting her mom to make the letter in the form of a lease agreement as well for sure.

My other concern is that we hadn't started our joint account from the start of our relationship but rather around the middle of it. Does that hurt our specific situation? It would show proof of relationship but not the required time.

 

[canuck78]

If you don't pay rent monthly to her mother there is no real point of creating a lease agreement and pretending lile it has been in place for a year. I do think you'll have to address how you arrived in Canada as a visitor less than 2 years ago and you met a stranger and started living with them (and their parents) almost right away. They have also let you live their for a year without working. I would explain as much as you can because from an outsider it looks a bit suspicious

 

[canuck_in_uk]

I'll take your advice on getting her mom to make the letter in the form of a lease agreement as well for sure.

My other concern is that we hadn't started our joint account from the start of our relationship but rather around the middle of it. Does that hurt our specific situation? It would show proof of relationship but not the required time.

Yes, that hurts your situation. Do you have other address proofs starting from when you actually moved in together? If the lease from her mother is all you have, then you are likely to face problems. Common-law is a legal status, like marriage, and the whole basis is being able to prove that you have one year of continuous cohabitation.

If you have no other proofs, you may seriously want to consider getting married and then applying.

 

[Shaqtk]

If you don't pay rent monthly to her mother there is no real point of creating a lease agreement and pretending lile it has been in place for a year. I do think you'll have to address how you arrived in Canada as a visitor less than 2 years ago and you met a stranger and started living with them (and their parents) almost right away. They have also let you live their for a year without working. I would explain as much as you can because from an outsider it looks a bit suspicious

Things did move a little quickly from the start with us, maybe I should share more detail.

Back in the Caribbean (where I'm from) I have a business which I've left in the hands of my mother to run. I came up here (Canada) with intentions of learning what business I can get into. I decided to end up staying and have been living off of a small amount of my businesses profits since then.

I came up here to my friends house, stayed there for 3 weeks, found a basement apartment to stay in, signed a lease and moved into that new place. Literally from day one a series of events made me decide I needed to move within the first month as the landlord was horrible.

My girlfriend and her family felt for my situation and they are from the Caribbean as well so they decided to lend me a hand and let me move in.

Thing is I'm not sure how to prove any of that but those are how the events unfolded. Any suggestions?

 

[Shaqtk]

Yes, that hurts your situation. Do you have other address proofs starting from when you actually moved in together? If the lease from her mother is all you have, then you are likely to face problems. Common-law is a legal status, like marriage, and the whole basis is being able to prove that you have one year of continuous cohabitation.

If you have no other proofs, you may seriously want to consider getting married and then applying.

Ok understood. Unless I'm forgetting something important there's nothing else that proves the length of our relationship except for texts and calls.

I also wanted to wait for marriage until my immediate family and friends could be here for it at least.

Other than that though is there any other means to getting an open work permit? This is all getting kind of rushed ahead of my plans because I want to be able to provide better for my pregnant girl and soon to be child.

 

[canuck_in_uk]

If you don't pay rent monthly to her mother there is no real point of creating a lease agreement and pretending lile it has been in place for a year. I do think you'll have to address how you arrived in Canada as a visitor less than 2 years ago and you met a stranger and started living with them (and their parents) almost right away. They have also let you live their for a year without working. I would explain as much as you can because from an outsider it looks a bit suspicious

It's fine to draft a lease agreement even if no rent is paid. Many people do this when living with family.

Ok understood. Unless I'm forgetting something important there's nothing else that proves the length of our relationship except for texts and calls.

I also wanted to wait for marriage until my immediate family and friends could be here for it at least.

Other than that though is there any other means to getting an open work permit? This is all getting kind of rushed ahead of my plans because I want to be able to provide better for my pregnant girl and soon to be child.

Texts and calls are not common-law proofs.

Open work permits are really only issued in limited circumstances. From what you've said, you don't qualify.

 

[Shaqtk]

It's fine to draft a lease agreement even if no rent is paid. Many people do this when living with family.




Texts and calls are not common-law proofs.

Open work permits are really only issued in limited circumstances. From what you've said, you don't qualify.

Ok thank you. I guess my options are limited for now.

What are the chances of applying for the sponsorship anyway and applying for the work permit at the same time and at least getting accepted for the work permit?

Even if the sponsorship is denied for lack of proof.

 

[Joeydocs]

Ok thank you. I guess my options are limited for now.

What are the chances of applying for the sponsorship anyway and applying for the work permit at the same time and at least getting accepted for the work permit?

Even if the sponsorship is denied for lack of proof.

Did you get approved ?