Common-law sponsorship, marriage

[yoojs0525]

Hello. I need help from experts who know about common-law sponsorship in Canada.

Someone says that even though both are foreigners, not Canadian, they can be accepted as common-law couple if they physically live together more than continuous 1 year.
On the other hand, someone says that in order to be admitted as common-law couple, one of a couple should be Canadian.
I'm wondering which is right.

Also, I'm just wondering that whether same-sex marriage in 3rd country can be admitted in Canada immigration or not. I know that Canada immigration recognize marriages what occurred in other countries. As we know, however, many governments do not permit or accept same-sex marriage, and my country is also. And another problem is that I heard that Canadian government do not recognize marriage for immigration.
So my scenario is that marrying with my partner in 3rd country, then going to Canada, and my partner can get work permit during I study as a college student in Canada. Is it possible?

Please give me some advice in order to immigrate to Canada successfully.

 

[Rob_TO]

Someone says that even though both are foreigners, not Canadian, they can be accepted as common-law couple if they physically live together more than continuous 1 year.
On the other hand, someone says that in order to be admitted as common-law couple, one of a couple should be Canadian.
I'm wondering which is right.

The minimum requirements for applying as common-law is to live together 12 continuous months anywhere in the world, and if the sponsor is a PR they must be living in Canada to submit and process the application. There is no requirement at all that common-law requires the sponsor to be a Canadian citizen, whoever told you this is completely wrong.

Also, I'm just wondering that whether same-sex marriage in 3rd country can be admitted in Canada immigration or not. I know that Canada immigration recognize marriages what occurred in other countries. As we know, however, many governments do not permit or accept same-sex marriage, and my country is also. And another problem is that I heard that Canadian government do not recognize marriage for immigration.
So my scenario is that marrying with my partner in 3rd country, then going to Canada, and my partner can get work permit during I study as a college student in Canada. Is it possible?

Yes you can get married in any country in the world. As long as the marriage is legal in the country it's performed in, it's acceptable to CIC.

 

[keesio]

Someone says that even though both are foreigners, not Canadian, they can be accepted as common-law couple if they physically live together more than continuous 1 year.
On the other hand, someone says that in order to be admitted as common-law couple, one of a couple should be Canadian.
I'm wondering which is right.

I read you post and I'm not sure what you mean by accepted/admitted. If you are looking to immigrate to Canada with your partner via Family Class sponsorship, one of you MUST be either a Canadian citizen or at least a Permanent Resident of Canada. And as Rob already said, if one of you is just a Permanent Resident, that person must reside in Canada to sponsor the other.

If neither of you have a citizenship or PR, then you cannot immigrate via Family Class. Canada will certainly recognize your common-law status. But that is different than allowing you to immigrate because of it.

 

[zardoz]

Posted in the wrong section. They are after a dependant OWP based on study.

 

[yoojs0525]

The minimum requirements for applying as common-law is to live together 12 continuous months anywhere in the world, and if the sponsor is a PR they must be living in Canada to submit and process the application. There is no requirement at all that common-law requires the sponsor to be a Canadian citizen, whoever told you this is completely wrong.


Yes you can get married in any country in the world. As long as the marriage is legal in the country it's performed in, it's acceptable to CIC.

I read you post and I'm not sure what you mean by accepted/admitted. If you are looking to immigrate to Canada with your partner via Family Class sponsorship, one of you MUST be either a Canadian citizen or at least a Permanent Resident of Canada. And as Rob already said, if one of you is just a Permanent Resident, that person must reside in Canada to sponsor the other.

If neither of you have a citizenship or PR, then you cannot immigrate via Family Class. Canada will certainly recognize your common-law status. But that is different than allowing you to immigrate because of it.

Thank you guys. I really appreciate replies. So I just want to make sure replies. Even though both are foreigners, not Canadian, CIC recognize our common-law relationship if we meet the basic requirement that living together more than 1 year. Right? Also, if our marriage is legal in some country (I think Iceland and other countries, not Canada because they recognize foreigners' marriage. If you know any other countries including Iceland, please let me know..), CIC also can accept our marriage and I can give my partner open work permit while I study in Canadian college. And, because we do not have permanent residency, we cannot immigrate via family class. However, I think my partner can immigrate via professional worker class such as FSWC as long as he gets enough points. If I make a mistake, please give me any advice.
Thank you very much