Common Law Sponsorship help! :)

[Chroniverous]

Hello, first time poster looking for some more info, maybe some of you can shed some light.

Situation: Girlfriend has been living with Me in Canada for almost 5 months now, shes an American Citizen. We are currently applying for a Visitor extension. We have known each other for about 7 years now, but she first came to visit in December 2015. She wasn’t actually staying here until April 19th full time. Can we count the Common Law sponsorship from December 2nd when she initially came to visit me, or should we count it from April 19th when she actually has been staying with me full time. Also, how can it be considered living together in a common law relationship IF isn’t legally allowed to live here only visit. Is it considered common law because we have been staying together for a year? I am currently paying for almost everything because she is unable to work.

We are basically trying to find the easiest route for her coming to live here as a permanent resident. If she extends her Visitor stay and we continue to live together for the full 12 months then I can apply to sponsor her? Can I apply earlier or does the application need to go in on or after the 12 months? One thing I am not understanding is that how can it be considered common law living together if shes not legally allowed to live here. Is the visitor extension kind of a way around it?
Anyways, I am sure I will have more questions as this thread moves along. Thank you for taking the time to read this, any help is appreciated.

-Jay

 

[Ponga]

Your Common-Law status will begin exactly one year after the day that you started living together. You're better of working with the April 19th date.

Can you add her to your lease, or at least get something in writing from your landlord, verifying that she has been there since then? This letter should be notarized.

`Living' in Canada is not allowed, but `Visiting' is. In the eyes of CIC, it's seen as the same, but in the eyes of CBSA...it's not. She cannot declare to CBSA that she is living in Canada.

 

[Chroniverous]

Ok so we will be going by April 19th then. And yes I can get her added to my lease. Is there anything else I can get her added to without her being a Canadian Citizen or having a SIN?

Next question is: We are going to be applying for a visitor extension by paper because I can not for the life of me find on the website where to apply for the visitor extension online. All I see are for work permits and what not. No visitor extension. Also are the only forms needed the Visitor extension form, and any supporting evidence like me supporting her? Anything else needed? The only forms I can see needing are IMM5708E and IMM5558E which are the checklist and the change of status/extension. Is there anything that will absolutely help to get her stay extended like my financial statements or affadavits?

 

[Chroniverous]

Also can anyone explain how this might benefit us, I saw someone else post it as a good news thing. the Open Work Permit pilot project

 

[canuck_in_uk]

Next question is: We are going to be applying for a visitor extension by paper because I can not for the life of me find on the website where to apply for the visitor extension online.

Is there anything that will absolutely help to get her stay extended like my financial statements or affadavits?

http://www.cic.gc.ca/english/visit/extend-stay.asp

She needs to show proof of funds to support her extended stay. If you will be supporting her, then your bank statement and payslips should be included.

Also can anyone explain how this might benefit us, I saw someone else post it as a good news thing. the Open Work Permit pilot project

That is only available when submitting an inland sponsorship app. However, an American should never apply inland. The outland process is significantly faster.

 

[Chroniverous]

How do we apply for the Open Work Permit Pilot Project though, does she just apply for an open work permit once the application for sponsorship and PR has been sent through? Can this be done online or does it need to be mailed also? Also we noticed when applying for an open work permit it requires a job offer and what not. Does she still need a job offer and labor market impact assessment or will that be void? This is very confusing even after doing a lot of reading.

 

[Ponga]

How do we apply for the Open Work Permit Pilot Project though, does she just apply for an open work permit once the application for sponsorship and PR has been sent through? Can this be done online or does it need to be mailed also? Also we noticed when applying for an open work permit it requires a job offer and what not. Does she still need a job offer and labor market impact assessment or will that be void? This is very confusing even after doing a lot of reading.

Outland (for most Americans) takes ~6 months, but the OWP is not available.

Inland applicants are eligible for the OWP, but it still takes ~ 4 months to receive AFTER CIC has received it, along with the Inland application. It's issued solely based on the Inland application and the cost is [currently] $255. Inland processing takes a ridiculously long ~26 months to process.

It's strongly advised that she submit the Outland application (from within Canada). Getting a visitor extension is almost guaranteed, especially with an active sponsorship application submitted.

Almost, guaranteed.

 

[canuck_in_uk]

How do we apply for the Open Work Permit Pilot Project though, does she just apply for an open work permit once the application for sponsorship and PR has been sent through? Can this be done online or does it need to be mailed also? Also we noticed when applying for an open work permit it requires a job offer and what not. Does she still need a job offer and labor market impact assessment or will that be void? This is very confusing even after doing a lot of reading.

It can only be applied for in conjunction with an inland sponsorship app. As I said, an American should NOT apply inland. Many outland American apps are processed in as little as a few months, less time than it takes to receive the OWP with an inland app.

 

[Chroniverous]

So it is best to do the Outland Sponsorship? but does this still take into account her being here for 1 year? or Do we need to wait for the 1 year for common law at this point?

Basically, can I just apply for the outland sponsorship now, or will we still need to wait until April?

 

[Ponga]

So it is best to do the Outland Sponsorship? but does this still take into account her being here for 1 year? or Do we need to wait for the 1 year for common law at this point?

Basically, can I just apply for the outland sponsorship now, or will we still need to wait until April?

You can't submit anything until you have reached Common-Law status (or get married).

 

[Chroniverous]

I understand that

But the order in which we do this would be.
1. Visitor Extension until we have common law.
2. File Outland Sponsorship.
Also, is there anything she needs to apply for or does the outland sponsorship cover us both?
Does she need to apply for PR through common law or does this all happen when we do the outland sponsorship?

 

[Ponga]

I understand that

But the order in which we do this would be.
1. Visitor Extension until we have common law.
2. File Outland Sponsorship.
Also, is there anything she needs to apply for or does the outland sponsorship cover us both?
Does she need to apply for PR through common law or does this all happen when we do the outland sponsorship?

Then why did you ask if you could apply for sponsorship now?

1. Yes.
2. Yes

What do you mean by "cover us both"? What coverage do you need to remain in Canada?

Ok...You really seem to be confused with the process:

Once you have lived together for one full year (anywhere in the world), you are then deemed to be a Common-Law couple in the eyes of Citizenship and Immigration Canada (CIC) for immigration purposes. Therefore, you could then apply to sponsor your partner for PR...it is NOT automatic.

You would also need to change your tax filing status with CRA and she, with the beloved IRS.

 

[Chroniverous]

What I mean is that if I apply for Sponsorship for Outland, does she need to apply for Permanent residency on her own. Or will me doing the outland sponsorship cover her permanent residency meaning she wont have to file separately? Im just confused as the process.

I know we need to wait one year for common law. After the one year I apply to sponsor outland. What does she need to apply for, or need after I have applied for sponsorship. Im just trying to figure out what else is needed on her end after I have gotten all the sponsorship paperwork together if that makes sense.

I am a Canadian citizen also, born and raised.

 

[Ponga]

You really should read through the first topic in this forum, to understand what needs to happen.



When it's time to apply, you/she will submit an Outland application package. This will consist of:

1. Forms and required documents for you to be her sponsor.

2. Forms and required documents for her to apply for sponsorship.

3. All of your evidence of a true relationship, including proof that you have met the required one year cohabiting requirement.
THIS IS THE OVERWHELMING PART FOR MOST PEOPLE.

You send everything all together, including the receipt for the fees (currently $1040) to CIC in Mississauga. The fee does not include her medical exam, or her FBI IHSR report that she will need as part of her application.

 

[Chroniverous]

I just read like you had suggested and I now have a better understanding. I appreciate the help and I realize this is just a big waiting game.
Would this at all be a lot easier if we were to get married?