Common law sponsorship question.

[Almagaff]

Hi folks,

My Canadian girlfriend and I are discussing her sponsoring me (I'm back in Ireland). I'm aware of the different sponsorship routes. We are together 2 years next month. Until I had to leave Canada we were together 1 year and six months. we never lived together although I did stay in hers alot. It was a proper relationship. We did not have a name on a lease, joint bank accounts etc though. My question is is there still any way of going the common law route? I have a friend who was about to apply for a visa for Canada and wanted to have his American girlfriend on his visa. They are not married either but an immigration lawyer said they could go to a notory publc and sign papers saying they were a couple. Is this possible? I guess the next step would be marriage then if we can't prove common law. Also I have read about the new inland sponsorship open work permit. Do I need to have a valid work status in the country in order to apply for the bridging visa or can I just be in the country (visitors visa) after I apply for the sponsorship application?

Thanks for your help,

Alma

 

[scylla]

If you haven't lived together for at leat one full year - then you are not common law and it's not possible to go that route.

 

[jamsham12]

Hi folks,

My Canadian girlfriend and I are discussing her sponsoring me (I'm back in Ireland). I'm aware of the different sponsorship routes. We are together 2 years next month. Until I had to leave Canada we were together 1 year and six months. we never lived together although I did stay in hers alot. It was a proper relationship. We did not have a name on a lease, joint bank accounts etc though. My question is is there still any way of going the common law route? I have a friend who was about to apply for a visa for Canada and wanted to have his American girlfriend on his visa. They are not married either but an immigration lawyer said they could go to a notory publc and sign papers saying they were a couple. Is this possible? I guess the next step would be marriage then if we can't prove common law. Also I have read about the new inland sponsorship open work permit. Do I need to have a valid work status in the country in order to apply for the bridging visa or can I just be in the country (visitors visa) after I apply for the sponsorship application?

Thanks for your help,

Alma

to conduct a sponsorship undertaking via the commonlaw route, you would have to both reside in the same address for atleast 1 year meaning 365 consecutive days. you would need to show cic proof you both resided at the same address during ths time, going to a notary public to sign a declaration under oath regarding your commonlaw relationship will do no good if you can not prove that you both lived under the same roof for atleast a year, proof would be (mail going to the same address, photocopy of any ID cards showing the same address, declarations from a landlord stating you lived there for atleast a year).

 

[Almagaff]

So marriage would be the next option?

 

[jamsham12]

So marriage would be the next option?

Correct

 

[surleplateau]

If you do not have a marriage certificate and you want to apply for common-law union status, here is a link that explains the kinds of proof that CIC would like to see (not ALL items, but to give you an idea of what they are looking for): How can my common-law partner and I prove we have been together for 12 months?

And if you are in Canada, you can go to a Commissioner of Oaths (each province should have a directory) and sign a Statutory Declaration of Common-Law Union (I'll use the acronym: SDCLU). It doesn't need to be "notarized" but signed in front of the CoO (commissaires à l'assermentation in QC). Also note that if you go to common-law union route, don't get confused by the two checklists. Use a SDCLU as Proof of Relationship in the applicant's checklist, not the sponsor's checklist.

edit to add: You need proof for each of the 12 continuous months. Don't skip months!

 

[Almagaff]

Thanks for the help folks.