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Common-Law sponsorship

bmts

Newbie
Jun 11, 2009
4
0
My partner and I are hoping to live together. He is an American Citizen - I am a Canadian citizen.

While marriage is something in our future - we are not at that point yet and wish to spend time living together permanently before we make that step.
So it seems the only way for him to live and work here is to be sponsored as a permanent resident as common law.

We have been brainstorming, and the best idea we have come up with is this:
He will be coming here to Canada and spending 6 months (correct me if I am wrong but this is the max length he can stay as a visitor). When that is up, we both will go to USA and I will spend 6 months there.
When that six months is up we plan to both come back to Canada. It's been 12 months, then we can apply for PR and have a six month buffer while the paperwork goes through (would they give an extension on his visit if it took more than 6 months?)

How viable is this option? It's the only one I can think of that would work.
IF this would work - how would we prove common law, anyways?
 

ColorMePanda

Hero Member
Sep 12, 2009
341
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Just read this here manual. It will tell you all that you need or just what they are looking for. Just telling you now it does seem like a stressful list but it is plenty possible for to succeed if you work hard enough for it.

http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf

Here is a list of stuff they are looking for:
• Joint bank accounts and/or credit cards;
• Joint ownership of residential property;
• Joint residential leases;
• Joint rental receipts;
• Joint utilities accounts (electricity, gas, telephone);
• Joint management of household expenditures;
• Evidence of joint purchases, especially for household items;
• Correspondence addressed to either or both parties at the same address;
• Important documents of both parties show the same address, e.g., identification documents,
driver’s licenses, insurance polices, etc.;
• Shared responsibility for household management, household chores, etc.;
• Evidence of children of one or both partners residing with the couple;
• Telephone calls.

And this:

Financial aspects of the relationship
• Joint loan agreements for real estate, cars, major household
appliances;
• Joint ownership of property, other durable goods;
• Operation of joint bank accounts, joint credit cards evidence that any
such accounts have existed for a reasonable period of time;
• The extent of any pooling of financial resources, especially in relation
to major financial commitments;
• Whether one party owes any legal obligation in respect of the other.

Social aspects of the relationship
• Evidence that the relationship has been declared to government
bodies and commercial or public institutions or authorities and
acceptance of such declarations by any such bodies;
• Joint membership in organisations or groups, joint participation in
sporting, cultural, social or other activities;
• Joint travel;
• Shared values with respect to how a household should be managed;
• Shared responsibility for children; shared values with respect to
child-rearing; willingness to care for the partner’s children;
• Testimonials by parents, family members, relatives or friends and
other interested parties about the nature of the relationship and
whether the couple present themselves to others as partners.
Statements in the form of statutory declarations are preferred.

Physical and emotional aspects of therelationship -the degree of commitment as evidenced by:
• Knowledge of each other’s personal circumstances, background and
family situation;
• Shared values and interests;
• Expressed intention that the relationship will be long term;
• The extent to which the parties have combined their affairs, for
example, are they beneficiaries of one another’s insurance plans,
pensions, etc.?
• Joint decision-making with consequences for one partner affecting
the other;
• Support for each other when ill and on special occasions letters,
cards, gifts, time off work to care for other;

• The terms of the parties’ wills made out in each other’s favour
provide some evidence of an intention that the relationship is long
term and permanent;
• Time spent together;
• Time spent with one another’s families;
• Regular and continuous communication when apart.
Examples of supporting documents:
• Family memberships, medical plans, documentation from institutions that provides
recognition as a couple;
• Marriage certificate (not just a solemnization record), wedding invitations, commitment
ceremony (certificate, invitations), domestic partnership certificate;
• joint ownership of possessions, joint utility bills, lease/rental agreement, joint mortgage/loan,
property title, joint bank statements; money transfers.
• documents showing travel together, long distance phone bills; other proof of continuous
communication (emails, internet chat site printouts, letters).
• insurance policies (documents naming the partner as a beneficiary), wills, powers of
attorney;
• significant photographs;
• statements of support from families, bank manager, employers, financial professionals,
religious leaders, community leaders, professors, teachers or medical professionals.

Hope this helps and yes you can live together by the way you planned it. And you can apply for an extension during your stay but if you are denied you go back home. However, just provide them with a copy of the application and receipt showing you paid for the application and make them aware that you are waiting on the response of your permanent residence and you shouldn't have a problem with it being approved.
 

Karlshammar

Champion Member
Sep 3, 2009
1,554
97
Job Offer........
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Living together for 1 year is a prerequisite for applying as common-law, but it is ok to have lived abroad for that time (or parts of it).
 

wasted_year

Full Member
Nov 19, 2009
27
0
it doesnt matter where you are when you are living together... my husband and i were living on a cruise ship during our "conjugal" time together before we got married.
 

bmts

Newbie
Jun 11, 2009
4
0
My worry is just proving that we lived together. I cant add him to my bank account since he isn't a Canadian citizen so it seems most financial things I can't do.. hoping I can put him on my lease while he's here but we'll see about it when I'm there..
 

wasted_year

Full Member
Nov 19, 2009
27
0
tell him to apply for useless mail order things, just so that he is getting mail sent to your address. make him a beneficiary on your insurance and such...
 

rnbacchus

Full Member
Jun 19, 2009
47
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bmts said:
My worry is just proving that we lived together. I cant add him to my bank account since he isn't a Canadian citizen so it seems most financial things I can't do.. hoping I can put him on my lease while he's here but we'll see about it when I'm there..
You might try looking into opening an account at another bank - one that will allow you to add your non-Canadian boyfriend to your account. My husband and I opened a chequing and a savings account at the Bank of Montreal (BMO), and he is a US citizen. We opened the accounts in person, and all they asked was for two pieces of government issued ID from both of us.

The more you can prove that you have combined your affairs, the better. And I imagine showing that you have combined your finances is a very good way of showing that you're in a continuing relationship.

If you can, add him to your lease, put the electricity/hydro account in both your names, etc.