+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Common-Law Status Attainable Whilst In Another Country?

Oi

Full Member
Jan 25, 2011
25
1
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
18/07/2013
AOR Received.
21/08/2013
Med's Done....
02/11/2013 + Renewed after 1 year by CIC
Interview........
06/08/2014
Hello everyone!


I've stumbled upon this forum after a few searches, and am hoping someone here can help me with a very important question that took a lot of research to even be able to ask. ???

My boyfriend and I have been sustaining a relationship through long-distance means (snail mail, telephone, webcam/skype, email, IM programs, online gaming, and visits in person when we can) for almost three years now, and we are at the point where we are taking the step forward to live together.

I am a dual citizen - a citizen of both Canada and the United States - who has lived in Canada all of my life, and he is only a citizen of the United States who has, equally, lived in the States all his life.

He would like to move here, to Canada, for a number of reasons - many more work and educational opportunities in comparison to the area he lives in, much broader experiences and types of places to visit geographically, and obviously for me -, but that is, as we've definitely found out, not the easiest of things to do.

Now, the first thing I need to make clear is that this was NOT a relationship that was made so that he could enter Canada. We met and grew to know and love each other prior to any thought of him immigrating, so that isn't an issue.


I plan to move to Hawai'i to be with him, get to know his family and friends, and find a change of pace for myself. During this time, we thought it would be a good opportunity to accumulate experience with one another that we could put towards a common-law relationship.

From what I know, common-law entails that we have proof of living with one another for 12 months consecutively, along with other pieces of proof of our relationship, such as a joint bank account/other financial, joint dealings.

We can certainly make this happen, and when we are ready, we would like to move back to my home town and apply for my sponsorship of his permanent residency.



One of the reasons I haven't called the CIC for more information, is because I am worried they might assume we are forging a relationship so that he can gain residency, which is not, as I stated prior, the case. So, here I am, asking my questions.


If we live with one another in Hawai'i for twelve or (most likely) more months, and accumulate what the government finds to be sufficient proof of our relationship, does this fall under Canadian law as being in a common-law relationship? Or do we need to apply within the state of Hawai'i, gain some sort of certificate saying we are common-law, and ALSO provide the documentation of 'proof' to Canadian government?

I'm confused on this topic, because one of the specifications for sponsoring a common-law partner entails that both of the partners be "living in Canada". Does this mean both of us have to be living in Canada for twelve months before we can be considered common-law..?

Also, since he would technically be 'visiting' while in Canada (after we had lived with one another in Hawai'i for a year or more), could he still be considered 'cohabiting' with myself in the residence that we would be in, in Canada?




If he could, he would apply for a work permit, but we have looked for all of the ways that he could do this, and he doesn't seem eligible... it's just about impossible at this point in his life. A study permit is also out of the question, as international student fees are something that are too extraordinary for him to even think about covering. He would rather finish his AA degree in his town before moving anywhere else as it is.



That pretty much wraps it up. If I need to supply any more information to get a better answer, please let me know, and I'll do the best that I can!

Thank you very, very much to anyone who might have some thoughts or information on this! Your input is greatly appreciated.
 

scylla

VIP Member
Jun 8, 2010
97,271
23,096
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi there -

To start, I would recommend that you start reading through the threads in the Family Class Sponsorship section of this board:

http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/

Make sure you take time to read the first post in Leon's Spousal Sponsorship thread which is stickied at the top of the page. This should answer many of your questions.

Good luck...
 

Oi

Full Member
Jan 25, 2011
25
1
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
18/07/2013
AOR Received.
21/08/2013
Med's Done....
02/11/2013 + Renewed after 1 year by CIC
Interview........
06/08/2014
The link to Leon's post is extremely helpful, and so is your input. I'm relieved to hear that it looks like our plans can go ahead alright, assuming CIC accepts our relationship later on.

It looks like applying outland and staying in the States with him would be the better option for time and financial reasons, especially considering he couldn't legally work in Canada while we waited for so many things to process during an inland OR outland application... but, I'll continue to do some research and talk it over with him.

Thank you, Scylla and Baloo!
 

Leon

VIP Member
Jun 13, 2008
21,950
1,324
Job Offer........
Pre-Assessed..
You will not need any certification of a common law relationship. It is enough that you have lived together for 12 months and can prove it as well as can prove that your relationship is genuine.

If you apply to sponsor your spouse while you are still both in the US, you will also have to prove that you intend to move to Canada when your spouse gets PR. This could be a job offer, acceptance to a university, having arranged housing or at the very least some plans on paper as to where you will live, what kind of work you are looking for and maybe some letters from your family in Canada stating that they know of your plans and will help you out when you move.