Common-Law sponsorship

[baffiee]

Hi there!
I am from Latvia (EU). I came to Canada (Toronto) for a first time in summer 2012. I had an open work permit for a year. Same year in November I met my current partner who is a Canadian citizen. Later on we filed our Common-Law Union. I went back home in summer 2013. After a month I came back to Canada already as only a tourist. I am allowed to stay for six months. I can`t work or study. In November it will be a year since we have become common-law partners which means we can apply for my sponsorship. The only thing that concerns me is whether or not I am supposed to leave Canada when the time of my stay in Canada as a tourist expires which will be in next year`s February. Can I stay and still reside here while awaiting my sponsorship application to be processed? I really don`t want to leave my partner for an uncertain time.

Thank you!

 

[zardoz]

If you went home for a month without your partner, it is possible that you will not qualify for common-law sponsorship by November. That long a break from each other may reset the 12 months clock. CIC is quite strict on the legal definition of common-law for immigration purposes.

 

[canuck_in_uk]

If you went home for a month without your partner, it is possible that you will not qualify for common-law sponsorship by November. That long a break from each other may reset the 12 months clock. CIC is quite strict on the legal definition of common-law for immigration purposes.

I agree.

From OP 2, section 5.35, http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short

Unless the one month stay in your home country was for an urgent family reason (sick parent, family emergency etc), there is a good chance the VO will see it as a break in the 1 year period and reject your application on the basis that you are not common-law.

 

[baffiee]

OK. Thanks for info!
What if we get married here in Canada!? Should I leave or not Canada if he applies for the Spouse Sponsorship?

 

[Leon]

If you apply inland, you should not leave but you should apply for an open work permit with your application which will give you implied status. If you apply outland, you can either leave or you can apply to extend your visitor status before it expires.

 

[baffiee]

Thank you so much!!

Another question. What if my partner who is sponsoring me has a criminal record (10 years ago) but still has not got a pardon. Will it be a roadblock?

 

[Leon]

Could be. Do you know what it was for?

 

[baffiee]

Bunch of offences. He was a trouble kid back in the days.. He happened to be in jail too. But it happened more than 10 years ago. He also has one record about possessing marijuana 5 years ago.

 

[kissa]

Hi!
My advice is that you guys should go see a immigration lawyer. Just one consultation would give all the answers to your questions. Before starting all this sponsoring thing, me and my common law partner had an hour consultation and it cost us 150 dollars but we got all the answers. We managed to put our application together fast and got approved under 2 months. Warsaw visa office is super fast so you are lucky to be from Latvia
Good luck!

 

[baffiee]

Oh really!? Yeah we are considering that too. We weren't sure which lawyer company would be trustable. I heard stories when people pay for many years enormous amount of money and still no result.

I didn't know that Warsaw visa office is that efficient! So it's faster to apply outside Canada? And wait in Latvia while my application is being processed!?

Thank you so much for info!

 

[Dejaavu]

You can stay in Canada as long as your application is in process even if it is past the date allowed.

 

[zardoz]

You can stay in Canada as long as your application is in process even if it is past the date allowed.

Being out of status is risky even if there is an application in progress, unless it's inland and an OWP has been applied for. It's not recommended.

 

[baffiee]

Ok! Thanks!
But what if we go to UK and live and work together for instance a year!? Does it count as a common-law cohabitation? Can we come back to Canada and claim a year together as common-law partners and apply for sponsorship? Although we lived outside Canada?

 

[zardoz]

Ok! Thanks!
But what if we go to UK and live and work together for instance a year!? Does it count as a common-law cohabitation? Can we come back to Canada and claim a year together as common-law partners and apply for sponsorship? Although we lived outside Canada?

In a word, yes. As long as you meet the Canadian *immigration* definition of common-law, you are good to go. It doesn't matter where in the world you achieve it.

 

[canuck_in_uk]

Ok! Thanks!
But what if we go to UK and live and work together for instance a year!? Does it count as a common-law cohabitation? Can we come back to Canada and claim a year together as common-law partners and apply for sponsorship? Although we lived outside Canada?

As zardoz said, it doesn't matter where you live, just that you live together continuously for a year and can prove it.

And if you become common-law while living in the UK, you can get a head start and apply while you are still there instead of waiting to come back to Canada to apply.