Common-law sponsorship.HELP!!

[McMcR]

So the plan for now, I will be going to visit my boyfriend and after 5 months applying to extend my visitor visa(I am american, he is canadian). I will inform them that I am in the process of applying for sponsorship under common-law and will need to live with my boyfriend for a total of 12 months before applying. I understand it takes up to a year to be approved when applying for outland(We would send it off to mississauga right??)
The only thing I am confused about is everything with where to send it off and what steps we should follow in what order. We are already in the process of filling out all the applications and I haven't even gotten there yet, just trying to get everything together and not wait, just to get em outa the way.

Anyone who has applied outland common-law sponsorship please help. I pretty much have everything down, I am just very confused. Thank you!!!

 

[seamyb]

The application should be sent to CIC in Mississauga.

In order to be considered common law for the application you and your boyfried will need to show proof that you have been living together for a minimum of 12 months prior to filing the application.

 

[Creampop]

Do not say what you just said here when crossing the border.... it could end in you being sent home with a red-flag on your passport... You are a visitor and if you tell them you plan on living in Canada they WILL turn you away. In complete honesty there is no sense in filling out the forms just yet you MUST live together for 12 months before you can mail in the application alot can change in a year, you could move, have a different job, decide you can't stand each other (<--- that was my stupid attempt @ a joke LOL) etc... any medicals (12 months) or police certificates (3 months) you have now will be no good in a year. right now take it one day at a time relax enjoy being with your boyfriend and collecting evidence joint bank accounts, joint lease, joint bills, lots of pictures etc... Good Luck!

 

[aerogurl87]

I agree with Creampop. Don't tell them you are coming to live in Canada, especially with the intent to finish up living with your boyfriend for 12 months so you can apply as common law. I'm from the US too and my boyfriend and I just applied at the end of July. If I were you, if start gathering some evidence now, but I'd hold off on getting your medical done until you're at least one month away from qualifying as common law. Take the next few months and enjoy being a couple and getting to know one another too. The time will fly by before you know it.

 

[tamarindball]

I am a visitor here and is it ok to state that the reason I want an extension is that I am in the process of applying for PR as my husband who is Canadian is ill and therefore we plan to live here as against where we were living before? Also I noticed that I should not use his address as my residential address. However, I have already done so and completed the application. Could I clarify this on another page to say that this is where I am residing while in Canada even though my permanent address is in another country?

 

[couteausnob]

Just to clarify the advice of the above posters, they're of course correct that you shouldn't mention your intent to live in Canada when crossing the border, and even telling them that you're visiting your boyfriend (as opposed to simply "a friend") can be risky. But I just want to clarify that this is for the border crossing only. When you're applying to extend your visitor status, you're fine letting them know that you want to stay longer because you're preparing to file for common-law sponsorship. I was in the same boat over the summer, and my extension was approved for that same reason with no trouble.

As for preparing the application, looking over the forms is a great idea, so you know what sort of information and evidence you need to gather. But I'd wait to start filling them out, not only because the forms themselves may change during your year of cohabitation, but also because of the uncertainty with processing times of inland vs. outland. I know you're planning to apply outland, which has been the popular recommendation for pretty much all Americans for quite some time. However, as computergeek has pointed out in some other threads, the inland processing times have been dropping dramatically in the last couple months, while outland processing times for US applicants are uncertain since the Buffalo office closed. By the time you're ready to apply, hopefully that whole mess will have settled, and you'll be able to get a clearer picture of the actual timelines you're looking at. But for now just know that applying outland may not be a no-brainer anymore, so filling out a bunch of forms that you may or may not even use would be a waste of time and energy.

 

[canadianwoman]

I am a visitor here and is it ok to state that the reason I want an extension is that I am in the process of applying for PR as my husband who is Canadian is ill and therefore we plan to live here as against where we were living before? Also I noticed that I should not use his address as my residential address. However, I have already done so and completed the application. Could I clarify this on another page to say that this is where I am residing while in Canada even though my permanent address is in another country?

For the extension, it is OK to mention the PR application.

It is also OK to use his Canadian address as your residential address, since you are in fact staying with him (and will be for at least a year). You could also use your permanent address, but in that case you should definitely have to explain that while this is your permanent address, you are actually in Canada staying with your husband or partner. Adding a note to clarify this in your application would be fine. Lots of people on this forum have used the Canadian address of their partner as their residential address (even though they were technically here as a visitor) and have not had any problems.

 

[Grizzleygamer]

Okay, so I am in the same boat (US citizen = me, Canadian Citizen = her). I was looking at doing the same thing basically. So there is no problem in that plan? I can go to stay with my g/f for 6 months and then apply for another extension to my visitor’s visa to get the 12 months? Would it be better to put some extra time in there and apply for an extension at 12 months also, or does the application for PR count from when you apply? Is it best to go visit the US and then come back and tell them I am visiting again or just apply for an extension from within Canada?
The general consensus is that when I come into Canada I should say I am visiting my "friend." So when they ask how long I will be there I can say that I will be visiting her in her home for 6 months? Or will they even ask how long I will be there? Since I will be at a land crossing with a truck of stuff should I do something different like have her drive it over and me take another car? Or should I be fine in the truck?
When I apply everyone says that I can tell them that I intend to apply for common law sponsorship? Is there any tricks to how we say that or should I just straight out say we have been living together for 6 months and intend to live together for 6 more months and apply for PR?
Lastly, I have a question about the law (CIAF) that requires people applying for common law sponsorship to live together for 2 years. Does that law mean that to stay in Canada the person being sponsored (me) would have to stay with that person for 2 years after becoming a permanent resident, right? That means that I can work and everything after we live together for just one year, as a visitor, and then apply for PR sponsorship, and then we would have to live together for an additional 2 years? It isn't saying that I would have to live with her for 2 years before I can get PR status and get a work permit?
Thanks a head if anyone takes the time to answer my questions. 

 

[canadianwoman]

I can go to stay with my g/f for 6 months and then apply for another extension to my visitor's visa to get the 12 months?

If the border agent does not give you a specified time, then the assumption is that you can stay for 6 months. Then apply to extend this at about the 5-month mark. You can apply to extend it again if you want.

Would it be better to put some extra time in there and apply for an extension at 12 months also, or does the application for PR count from when you apply?

As soon as you have lived together for 12 months, you can apply. Make sure you have proof of the 12 months, though.

Is it best to go visit the US and then come back and tell them I am visiting again or just apply for an extension from within Canada?

The border agents sometimes ask almost nothing, and sometimes are very suspicious and won't let people back in. I would just apply for an extension from within Canada.

The general consensus is that when I come into Canada I should say I am visiting my "friend." So when they ask how long I will be there I can say that I will be visiting her in her home for 6 months? Or will they even ask how long I will be there?

I would just say you are coming in to travel/visit, and not mention the friend at all. I also wouldn't say you'll be staying for 6 months. If you say 2 months, they will most likely give you 6 months anyway. However, if they start grilling you, don't lie - because then you might be banned. Americans don't usually have any trouble visiting Canada. Bring some proof of ties to the USA just in case you are asked.

Since I will be at a land crossing with a truck of stuff should I do something different like have her drive it over and me take another car?

I would not try to enter Canada with a truck-load of stuff, not when you are claiming to be visiting. Have her drive it over, and you come in a different car.

When I apply everyone says that I can tell them that I intend to apply for common law sponsorship? Is there any tricks to how we say that or should I just straight out say we have been living together for 6 months and intend to live together for 6 more months and apply for PR?

When you apply for your extension, this is fine.

Lastly, I have a question about the law (CIAF) that requires people applying for common law sponsorship to live together for 2 years. Does that law mean that to stay in Canada the person being sponsored (me) would have to stay with that person for 2 years after becoming a permanent resident, right? That means that I can work and everything after we live together for just one year, as a visitor, and then apply for PR sponsorship, and then we would have to live together for an additional 2 years? It isn't saying that I would have to live with her for 2 years before I can get PR status and get a work permit?

Once you have lived together for a year, you can apply for a PR visa. It could take a year or less to process. Once you have the PR visa, you can work, get free health care, etc. - just like a Canadian citizen, basically, but you can't vote or get a Canadian passport. After getting the PR visa, you are a 'conditional' PR for two years. During that time, you have to stay with your partner. If you break up during that time, your PR could be revoked. After the two-year conditional period, you are a PR, and if you break up then, it will have no impact on your status in Canada.

 

[AnaMaria]

You'd better not to cross the boarder with a truck full of your stuff. The CBSA will suspect you will be "moving" without authorization.

You will not be able to work or study just because you have applied for PR. You will need to become a PR or get permits in order to do so. Make sure you have plenty of savings or she makes enough money to support you even though there is no minimum financial requirement to sponsor spouse/partner.