Common-law sponsorship???? Help!

[NicoleP00]

Hi everyone,
My boyfriend and I met while I was on a trip in London, England through a mutual friend in April 2009. He moved here on a working holiday permit through BUNAC August 2010 and then left when the visa was up July 2011. He reapplied through IEC and was granted another working holiday permit that began February 2013.
When he was here before we lived together for the year, and will live together now for this year in our own apartment.
I'm incredibly confused on how to sponsor him so that he doesn't have to leave again. According to IEC, he can only apply twice..which I didn't know prior to today...? If I apply for common-law, it will not be quite 12 months because he visa will have expired and he'll have to return to England again. I'm just not sure how to apply for common-law while still remaining in the same country together, as we are trying to make a life for ourselves in Canada..it will push everything back again if he has to go back to England like he did last time.
Any help or words of wisdom would be greatly appreciated, it seems the more I learn about the different sponsorships and visas the more confused I get.
Thanks,
Nikki

 

[sbea026]

Simple answer: Get married!

It enables you to apply about a month after the wedding and for him to stay in Canada during the process and work (OWP application). It is also easier to prove to the CIC your relationship is long term.

However if you don't want to get married when his IEC visa expires visit the border and he can reenter as a visitor apply for PR Outland and wait till he gets PR before he can work. (Extending his visitors visa when it get close to expiring)

 

[Rob_TO]

He moved here on a working holiday permit through BUNAC August 2010 and then left when the visa was up July 2011. ...
When he was here before we lived together for the year,

So from Aug 1, 2010 to July 31, 2011... you guys lived together? Since that is 1 full year of cohabitation, then you would have been official common-law couple on July 31, 2011, and you could have applied for PR status then.

Technically once you have established common-law, you are allowed to break the cohabitation for certain reasons, live apart, and you would still be considered common-law as long as the relationship is continuing and your goal is to live together again as soon as possible.

See here, section 5.36: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Now there is a bit of interpretation to this rule, and if the break in cohabitation is too long then to CIC that may end the common-law status, so it's a bit of a gamble. Its really up to the visa officer reviewing your file.

If I apply for common-law, it will not be quite 12 months because he visa will have expired and he'll have to return to England again.

So to confirm, this is for the current situation, right?

If you want to establish common-law again to be safe, then you guys don't have to live together just in Canada. For example say you will get 10 months together living in Canada before his visa expires, then all you would need to do is move to London for 2 months to live together and that will complete the 12 months. It just needs to be continuous, it doesn't matter in what country.

But as was already posted... just get married and you can apply right away.

 

[NicoleP00]

I don't think we quite realized when he was here last how complicated all of this was! It seems silly now that I thought applying for common-law, him getting a visa to stay here, etc. was so easy, but I didn't really understand it then..but now I definitely get it. Because I didn't realize that I could sponsor him as a university student then I didn't find out about the common-law application until he was back in England for too long (I realized when he had left for 6 months - long story, we were waiting on his acceptance letter for another working visa application - it was all really unorganized then).
Anyway! So we have considered me going to England for 2 months, but that would mean potentially losing my job here in Ontario..and there are very few full time zoo jobs available - but we decided that if my work would let me take 2 months off for this then we would..but then there's no paperwork in England proving that we've lived together there. We were thinking the visitor visa, it's definitely what we're leaning towards right now..and then when he goes back in May we can do the Outland Common-law application.
We could also get married, which we've talked about many times, and may be the easier option...but it's something that I'd like to do after I've graduated university as I'm still a student, and I'm not sure I have the money to put into a wedding right now with my monthly OSAP loan payments and saving up to own a house. I guess we'll still have to think about all our options and decide what is best for us! I'm definitely willing to move there for the 2-3 months, but like I said, we don't have a place in England so we'd be staying with his family, and there's no way to prove we are cohabiting there.

 

[Rob_TO]

we don't have a place in England so we'd be staying with his family, and there's no way to prove we are cohabiting there.

A certified letter from his family stating that you are living there together, would most likely be enough for CIC. Also if you can sign up for a cell phone or something when you arrive and have some mail delivered to you at their address, that would add more proof.

 

[NicoleP00]

What would the letter have to include? Could we do a similar thing here from my family saying that we've been staying with them from February 2013-April 2013 (as we get our apartment April 30 2013 and have a joint lease). If so, do you know what we would have to include in the letter?
Thanks so much!

 

[rjessome]

I don't think we quite realized when he was here last how complicated all of this was! It seems silly now that I thought applying for common-law, him getting a visa to stay here, etc. was so easy, but I didn't really understand it then..but now I definitely get it. Because I didn't realize that I could sponsor him as a university student then I didn't find out about the common-law application until he was back in England for too long (I realized when he had left for 6 months - long story, we were waiting on his acceptance letter for another working visa application - it was all really unorganized then).
Anyway! So we have considered me going to England for 2 months, but that would mean potentially losing my job here in Ontario..and there are very few full time zoo jobs available - but we decided that if my work would let me take 2 months off for this then we would..but then there's no paperwork in England proving that we've lived together there. We were thinking the visitor visa, it's definitely what we're leaning towards right now..and then when he goes back in May we can do the Outland Common-law application.
We could also get married, which we've talked about many times, and may be the easier option...but it's something that I'd like to do after I've graduated university as I'm still a student, and I'm not sure I have the money to put into a wedding right now with my monthly OSAP loan payments and saving up to own a house. I guess we'll still have to think about all our options and decide what is best for us! I'm definitely willing to move there for the 2-3 months, but like I said, we don't have a place in England so we'd be staying with his family, and there's no way to prove we are cohabiting there.

He can apply for his 2nd year before his current year expires in the IEC program. The letter of approval will be emailed to him. He can cross the Canada/US border to be issued his new IEC permit. Make SURE he has read all the details of the requirements for the 2nd year permit. If it's Young Professionals, he will need a job offer letter from his employer. So in October of November of this year, he submits an application for the 2nd year. When he gets the letter of approval, and just before his current permit expires, he crosses the border and gets his 2nd year permit when he re-enters. He does NOT need to be outside of Canada to apply for the 2nd year. Problem solved.

If he can't get the 2nd year (for whatever reason), he can apply to change his conditions from worker to visitor BEFORE his current work permit expires. That way he can stay in Canada with you. However, he won't be able to work while he is a visitor.

Don't apply to sponsor him as common-law until 1 year is up. The break in co-habitation has been too long.

 

[Rob_TO]

What would the letter have to include? Could we do a similar thing here from my family saying that we've been staying with them from February 2013-April 2013 (as we get our apartment April 30 2013 and have a joint lease). If so, do you know what we would have to include in the letter?
Thanks so much!

The letter should basically say 2 main things - That your relationship is genuine, and that you've been living there together as a couple for the dates specified. The wording of the letter is up to the person writing it, but as long as these 2 main things are covered it should be fine. Your family can say how long they've known your bf, what a great guy he is, how they support the relationship, that they've loved having you live with them over this time, etc etc.

Note for applicants from the UK you need to follow this guide: http://www.cic.gc.ca/english/pdf/kits/guides/3901e.pdf
Also provide details of the history of your relationship and at least two statutory declarations from individuals with personal
knowledge of your relationship supporting your claim that the relationship is genuine and continuing.

So you will need a minimum of 2 letters (you can have more), and at least 2 will require the person writing to have it certified from a notary. It's best to do this for the letters that at evidence of cohabitation, since it makes them more official.