common law visa

[chrisshennan]

My name is Chris, 28, and i am from the UK.

My Canadian girlfriend and i have been living together for the last 14 months at my parents house.

She wants to go back to Canada to live soon and i want to go with her.

I believe i may be eligible for a 'common law' visa with her as my sponsor, but it states we need utility bills and proof of joint ownership of things (we do not have anything because that gets dealt with by my parents)

She does have a job so she has proof of living at the same address as me for the past year but thats about it.

Is it just a case of convincing the visa office that you are genuine couple and not just her helping a friend to get a visa?

We have lots of emails/photos proving we are a genuine couple.

I also have extended family who are Canadian citizens (aunts, uncles, cousins) and my cousin has his own graphic design business and is willing to give me a job even though i'm not in that field but he said that he could find something for me to do. does any of this help my case?

also, if we applied today, what would be the usual waiting time to have a visa issued?

thanks,

Chris

 

[CharlieD10]

Common-law applicants MUST demonstrate clearly they have been cohabiting together for a minimum of 12 months. If you cannot produce something such as a joint lease to prove cohabitation, you will need probably a notarized affidavit from your parents attesting to the fact that she has lived with you in their home all this time, making them your de facto "landlords".

Support this affidavit with any other proof of her residing at that address, such as the work documents you mentioned, and anything else such as mail addressed singly or jointly to you both at that address. Your photographs, emails etc will serve as secondary supports to the genuineness of your relationship, but you MUST establish the cohabitation before they evaluate the relationship.

The job offer from your cousin will go towards establishing your ability to become self-reliant in Canada. Also, she should provide proof she is re-settling in Canada, such as proof of where she plans to live, work, or attend school, as the case might be.

If you applied today, you are looking at 3 months (90 days) for her to be approved to sponsor you, then another 4-6 months for London to finalize the evaluation of yourself. As a visa-exempt foreign national, remember if she moves before you receive your visa, you may accompany her to wait out the rest of your processing in Canada as a visitor, provided you bring along proof that you retain your ties to the UK and can return there if you are rejected for any reason (highly unlikely).

 

[chrisshennan]

thank you very much for your reply.

Just a few follow up questions...

My girlfriend is planning on returning to Canada for2-4 weeks in the next month. Does this affect anything?

She is currently holding a UK visa, which i believe lasts 5 years but she's really home sick and doesn't know if she should just go back for good.

Do you have to inform the UK border that you are in fact leaving the country, potentially for good?

 

[CharlieD10]

1. The break must be understood to be temporary, but since you already have the minimum period necessary to qualify to apply, it is not so important.

2. That's fine. As long as the two of you are together, it doesn't matter where, if you gain PR status, your time spent together counts towards your residence requirement for maintaining the PR status.

3. Not that I am aware of.