Common law sponsorship. Need advice.

[Deeds510]

Here's our story:

I am a 24 year old female from the Minnesota/ Wisconsin area, and met my significant other online. We have been in a long distance relationship for over a year now. For the first 6 months before meeting, we skyped every night, and even slept with Skype on so we could sleep together. After those six months, we finally got to meet. Since the first visit, I have made 3 or 4 other trips to go see him, and he came to the states and lived with me for two months. I found out an option that I can finish up my degree through the distance learning program at my school, leading to us making the decision that I would be moving there next spring to be with him.

Student visas are ruled out because I am already enrolled in my college, and do not have much longer to get my degree. Plus, paying full out tuition fees is not something I would be able to do.

A work visa would not work, because I am not qualified as a skilled worker. And even if I had a job offer, the Canadian employer would have to prove that they were not able to hire a Canadian citizen for work, correct?

I have been racking my brain and doing hours of research of different things we could do, but I am feeling very defeated. The whole sponsoring process came about, and i guess my questions are

1) How could we apply for a common law sponsorship if that requires us to be living together for at least a year. How can we live together for a year, if I have no way of getting a visa, and only being allowed to stay for the maximum of 6 months?

2) If he were to come to Wisconsin for 6 months living with me, and then the last 6 months Id go back to Canada with him to live...would that count towards the year of common law status? Many states in the US does not view common law as a significant way of "marriage", but because we would be applying for me to get Canadian sponsorship, does it matter if the time is split up between the US and Canada?

3) If we could split up the time, when I go to Canada for my visit of 6 months, could I apply for an extension of my visit near the end of the 6 months, with proof of us starting the application process of the sponsorship?

 

[marsiangal]

Hi there,
I usually I advice people to look how to get into Canada on their own first.
Check the waters as they say. Because sponsorship is a VERY BIG undertaking. I am not saying the relationship will not work out but if it doesn't then what.
Try looking if you can get or is qualified to get a work permit through the NAFTA program or Maybe the WORKING HOLIDAY permit. (Not exactly sure what the criteria is to be eligible for that so just check.) All in the CIC website.

Also you do not have to be skilled to get a normal work permit. You need to find and employer that has an LMO (labor market opinion.) Which means they have already proved that they did not find a local candidate for the position. and all you need to do is apply for the work permit.

As for coming here to live together, you can come as a visitor and 30 days before your 6 months expire you can apply for an extension.
Also once you are here you can try and find employers with LMO. Which maybe hard but most likely easier because you are already here rather than being in the states. and they can interview or meet you in person.
PS if you are american you don't need a VISA you need temporary residence permits.

 

[Deeds510]

Thanks for the advice. The US does not issue working holiday visas for Canada.

When I do go there, and by the time the 5 months rolls around, would I apply for an extension of my visitor status, or apply for an extension for my TRV..or are these two the same?

I plan on going back to visit before I actually move there in the spring, and will probably get my boyfriend to come back with me..but while im there I can do research about the job stuff. I have 7 years in early childcare work, so the experience in working in the field is there. I would just need to find the legal work, and be prepared for more applications. =]

 

[Rob_TO]

You've already answered your own question to 1, with 2 and 3!

2 - Yes you can spend the 12 months living in 2 different countries. So could do first 6 months in Canada, and then last 6 months in USA. Just have to make sure the time is continuous (i.e. after first 6 months, need to move together to USA and not you first with him following sometime later).

It doesn't matter what the definition is of common-law or even if it exists in whatever state or country you're living in. The only definition that matters is CIC's one since they are the only ones you need to prove it to.

3 - Yes you can apply for a visitor visa renewal for another 6 months, so could potentially get the entire 12 months cohabitation all in Canada.

However you can't show "proof of starting the application process" because you can't officially do anything until you actually become officially common-law. You would just apply for a visitor visa as regular, which many people do and are successful for.

In either case, make sure to start collecting documented proofs from day 1 that proves cohabitation. Get your mail sent immediately to the address, get a joint bank account and/or credit cards, get your name on a lease/rental agreement, get joint life insurance, etc etc.

 

[Deeds510]

Thank you! We plan on having him come here probably from January - June, and when my lease is up at the beginning of June I will travel back with him to Canada for 6 months, to get the one year as a common law relationship.

Since we are not living together now, the proof that we do have right now is all the documentation from Skype (we have hours upon hours of video calls, and chatting times), cards that have been sent, even wrapping paper with the "To:" and "From:" that were on Christmas gifts being sent across the country.

When he does come, I plan on adding him to my bank account, and talking with my landlord to put his name on the lease with mine. Also adding his name onto my electric/cable/nternet bills as proof.

When you apply for an extension for your TRV or extension for your vistors stay, what is that process or application like? How do they justify if you should get extra time in their country. Would I have to say that we are finishing up are year as a common law relationship so we can start the sponsoring process?

 

[frege]

When you apply for an extension for your TRV or extension for your vistors stay, what is that process or application like? How do they justify if you should get extra time in their country. Would I have to say that we are finishing up are year as a common law relationship so we can start the sponsoring process?

In that situation, I would say something like "I'm visiting my boyfriend" as the reason for the stay. This applies both to the original entry as well as any applications for an extension.

When you apply for an extension, they'll primarily want to know that you and your boyfriend have enough resources that you won't have to work illegally in Canada, and that you intend to leave whenever your time is up.

 

[Deeds510]

Thanks for the advice!

I do have other concerns though. My boyfriend may not be able to stay for the full 6 months with me here, because the travel insurance is pricey, and He gets quite bored while I work all day lol so if he were to come for 2 or 3 months, lets say March- May, and I went to Canada at the end of May to be with him for 6 months..Id have to definitely extend my visitor stay.

Now more questions arise:

1) When I go to Canada to start my 6 month visit, when the boarder asks how long I am staying and what is the reasoning I know NOT to lie. But what exactly do I tell them? DO I say "I am coming from Wisconsin, to visit my boyfriend for 6 months time" OR do I include that we are planning on applying for common law sponsoring, but are finishing up are one year living together before we can apply?

2) When I do cross the boarder, how am I supposed to get a stamp in my passport. I have NO stamps from crossing the boarder via air or car, so do I just flat out ask them to stamp it for proof of the date I entered?

3) When the time comes to extend my visitor stay- what kind of proof of funds would we have to prove? I plan on having travel insurance so I will be proving that. If we are living with his parents for the time I am there, we would not be paying rent so how else could we prove things?

 

[frege]

1) When I go to Canada to start my 6 month visit, when the boarder asks how long I am staying and what is the reasoning I know NOT to lie. But what exactly do I tell them? DO I say "I am coming from Wisconsin, to visit my boyfriend for 6 months time" OR do I include that we are planning on applying for common law sponsoring, but are finishing up are one year living together before we can apply?

I would go with the first one. You could also ask for more time, like nine months or a year. In that case they'll give you a visitor's record. I wouldn't talk about the sponsorship because that's over a year away. Really, they're letting you in so you can spend time with your boyfriend, not so you can meet the sponsorship criteria.

2) When I do cross the boarder, how am I supposed to get a stamp in my passport. I have NO stamps from crossing the boarder via air or car, so do I just flat out ask them to stamp it for proof of the date I entered?

If they give you more or less than six months, they'll give you a visitor record. Otherwise, yes, you can ask them for a stamp. I'm surprised you haven't been getting any.

3) When the time comes to extend my visitor stay- what kind of proof of funds would we have to prove? I plan on having travel insurance so I will be proving that. If we are living with his parents for the time I am there, we would not be paying rent so how else could we prove things?

Proof of his income and yours, his assets and yours. If his parents will be providing for you, proof of their income or assets. Perhaps a letter from them explaining that you've been staying with them, and that they've been providing for your needs.

If, instead of applying for an extension, you leave Canada and cross back in, it's likely this discussion won't come up.

You can have a look at the extension forms:

http://www.cic.gc.ca/english/information/applications/visitor.asp

 

[Deeds510]

I feel if I went back into the states at the end of my 6 month visit, and then came back to Canada to continue with my visit, the boarder would find this shady! I am one for being completely straight up and honest about what we want and what our plans are, because I fear that one little mistake could throw it all away for us.

My boyfriend paints houses full time for work, and come fall/winter, work slows down because there are not many houses being built, leading to no houses being ready to paint. His boss offers him unemployment for the slow down, but come Spring he is right back working full time for the same company and same employer. Is this considered government assistance? I only ask because to quality to sponsor someone, you can not be receiving govt. assistance..

 

[frege]

I feel if I went back into the states at the end of my 6 month visit, and then came back to Canada to continue with my visit, the boarder would find this shady! I am one for being completely straight up and honest about what we want and what our plans are, because I fear that one little mistake could throw it all away for us.

My boyfriend paints houses full time for work, and come fall/winter, work slows down because there are not many houses being built, leading to no houses being ready to paint. His boss offers him unemployment for the slow down, but come Spring he is right back working full time for the same company and same employer. Is this considered government assistance? I only ask because to quality to sponsor someone, you can not be receiving govt. assistance..

If you're talking about what's called "employment insurance" benefits, then no, that's not considered social assistance. "Social assistance" for sponsorship purposes means welfare and similar last-resort provincial benefits. You can find a complete list of these benefits in the "memorandum of understanding" on immigration between the federal government and your boyfriend's province of residence (except Quebec, which sets its own criteria).

About going to the border, that is a perfectly normal way of dealing with things, so it won't seem shady. They'll know you've been in Canada, and you won't be hiding it, so there's no deception involved. Ultimately, the decision to let you back in will be made based on the same criteria as if you applied for an extension from within Canada.

However, in the case of an extension application you have to submit all your documents, whereas in the case of crossing the border, you show them only if the border officer chooses to ask for them, and in most cases he won't because this is a really routine situation. Most people would also prefer to deal with any potential problems face to face, which is impossible with an extension application.

Of course, if you have problems at the border, you'll be unhappy about the choice you've made. But ahead of time, there's no reason to believe that that way of doing things is more likely to cause problems.

Bear in mind that what we're talking about here is unlikely to happen. Most U.S. citizens don't have a problem staying in Canada for a year if they want to.

Another option would be to ask for a year at your first entry. In that case, you'll probably be asked some questions, but you might prefer the peace of mind of having a decision made from the outset.

In any event, you should tick all the little boxes showing residence at your boyfriend's address as soon as you can after entering. For a joint bank account, RBC and CIBC are easiest for non-residents (probably just a U.S. driver's licence and passport). Then try to stay at least a year from your earliest proof of address. An extension application right before the end of your authorized stay would buy you some time in this respect, since you'd be in Canada legally while awaiting the extension.

 

[Deeds510]

Sounds good!

I think the plan for right now is when we cross the boarder, we will be honest and let the BO that we are continuing are common law relationship, and that I would like a visitor record as proof for when we apply for sponsorship.

We eventually want to get married, but if we were to be married before going back to Canada next spring, we would not have to wait the 12 years of continuous living to apply for sponsorship. I know the relationship is real and genuine, and have the evidence to back it up. Is the only benefit of getting married first, that you do not have to wait 12 months as common law to apply?

 

[QuebecOkie]

Yes, if you are married, you do not have to live together for 12 months, nor do you have to prove when you started living together. Many of those proofs will still come in handy, as you do have to prove that your relationship is genuine. This is a bit more important since since you met and started your relationship online and won't have as long a history of time spent together in the relationship as some do. However, if you're married, there will no longer be a burden to prove the 12 months of continuous co-habitation.

For instance, I lived with my husband for over a year before we were married, but since I just kept my PO box, I never had mail delivered there. His utility costs were included in his lease (which he signed a year and a half before we met and never renewed - military, so he had a four-year lease), so I never was on a lease or utility bills. We didn't share a bank account until we moved to Canada, as we already had our own accounts established back in Oklahoma. It would have been difficult to prove common-law status, as we just didn't have a paper trail. We'd have had to get some of the folks who worked the concierge desk at our building to write letters stating that I had been living with him there for over a year, etc. Since we were married before the move, however, we didn't have to do any of that. Just showed that we'd traveled together, sent pics, and gave a relationship timeline to "prove" that our relationship was genuine.

 

[Deeds510]

Because we met online, and are still 15 hours away from one another, I have already started getting documents and proof ready even though I will not be going there for another 9 months. I have all of our skype conversations, and calls saved, hundreds of pictures, gifts, proof of flights to and from Toronto to go visit, and he has cards/gifts I have sent...even the wrapping paper from a gift from Christmas with the postage from my address here in WI.

When you say that because there was not really a paper trail for you to show, you had other people right letters. If I had people write letters, it would probably just be to confirm that they have met and know my SO, and stating that yes, we are in a committed relationship. Because you didnt have to prove certain things, what application did you file? How did you go about not filling out things on the application? Just putting NA, or not answering?

 

[scylla]

Thanks for the advice. The US does not issue working holiday visas for Canada.

Yes - they do. Google "swap visas".

 

[QuebecOkie]

When you say that because there was not really a paper trail for you to show, you had other people right letters. If I had people write letters, it would probably just be to confirm that they have met and know my SO, and stating that yes, we are in a committed relationship. Because you didnt have to prove certain things, what application did you file? How did you go about not filling out things on the application? Just putting NA, or not answering?

We didn't include any letters. I was saying that, if we hadn't decided to get married and had instead applied as common-law partners, we would have had to get written statements from our leasing agent and staff at our apartment building to try to prove that we had lived together for the 12 months required by common-law (since I wasn't on the lease and didn't have mail delivered there).

That's the only difference, really, between applying common-law versus married. For common-law, you must prove that you have lived together continuously for at least 12 months prior to applying. For married couples, you don't have to prove how long you lived together. For BOTH categories, you must prove to CIC's satisfaction that your relationship is genuine and ongoing.

Our proofs that we were in a genuine relationship were much less than many people include. I wrote up a document to answer as to when we first met each other's families, and to document our travels together. The document was only 4 pages, including 8 colour photographs I included of the two of us together. In addition to those four pages with information and photos, I included three travel itineraries showing us traveling and staying together on vacations outside of the U.S. (where we were both living). We had a very straightforward application, as we lived in the same city (he was posted there for four years), we're of similar age and culture, and just basically had no complicating factors. I guess CIC was satisfied, as we received received the DM (decision made) letter.