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Common law - vistor extension

rmtl

Hero Member
Aug 27, 2021
232
89
Hi,
I didn't know if I should ask this question here or in the visitor section.
My boyfriend visitor visa is going to expire in two months and we are planning to extend it so after another six months we can apply as a common law sponsorship.
My question is, should we mentioned that for the reason of the extension? or just saying we want to spend more time together?

Thanks
 

armoured

VIP Member
Feb 1, 2015
16,649
8,478
You can mention it as a reason. No guarantee would be granted but not that uncommon.

You should consider getting married. Could apply right away and it is rare they refuse to extend visa for married with PR app or declared intent to do spousal sponsorship when marriage cert ready. Even more rare they try to expel spouses (without other extenuating circumstances at least).

He would also be eligible for work permit that much sooner.
 

rmtl

Hero Member
Aug 27, 2021
232
89
You can mention it as a reason. No guarantee would be granted but not that uncommon.

You should consider getting married. Could apply right away and it is rare they refuse to extend visa for married with PR app or declared intent to do spousal sponsorship when marriage cert ready. Even more rare they try to expel spouses (without other extenuating circumstances at least).

He would also be eligible for work permit that much sooner.
Thanks for the info, we want to be transparent as much as we can in our process.
Marriage is complicated this is why we want to apply for common law.
 

armoured

VIP Member
Feb 1, 2015
16,649
8,478
Thanks for the info, we want to be transparent as much as we can in our process.
Marriage is complicated this is why we want to apply for common law.
Up to you. But it's incorrect to think that common law is less complicated than marriage.
 

Ponga

VIP Member
Oct 22, 2013
10,356
1,437
Job Offer........
Pre-Assessed..
You can mention it as a reason. No guarantee would be granted but not that uncommon.

You should consider getting married. Could apply right away and it is rare they refuse to extend visa for married with PR app or declared intent to do spousal sponsorship when marriage cert ready. Even more rare they try to expel spouses (without other extenuating circumstances at least).

He would also be eligible for work permit that much sooner.
Wow...you truly are convinced that common law is evil. LOL!
 

rmtl

Hero Member
Aug 27, 2021
232
89
Wow...you truly are convinced that common law is evil. LOL!
For me, common law is a bit more complicated but in both cases you should proof that your relationship is genuine, Marriage certificate is not enough. As I mentioned, I just want to be honest in filling the application and show our intention.
 

Jaafar hajj

Member
Jun 2, 2022
12
1
45
Saskatoon
Category........
Other
For me, common law is a bit more complicated but in both cases you should proof that your relationship is genuine, Marriage certificate is not enough. As I mentioned, I just want to be honest in filling the application and show our intention.
I did all my documents genuine now from February 20 my application showing processing for eligibility and background check medical exam all completed just waiting for decision and it takes longer
 

armoured

VIP Member
Feb 1, 2015
16,649
8,478
For me, common law is a bit more complicated but in both cases you should proof that your relationship is genuine, Marriage certificate is not enough. As I mentioned, I just want to be honest in filling the application and show our intention.
I have explained this many times before but the test for common law is necessarily more demanding - with marriage the legal test is fulfilled and the relationship proof supplementary.

Common law - apart from the year potentially gained by applying married - the requirements for relationship proof are by definition higher because now they must fulfill and meet legal tests for common law definition. Lots of cases where those applying had longer waits and/or refused because of deficiencies or errors that would be addressed by marriage.

Hence - for immigration purposes, common law is by definition more complicated. Sometimes only a small amount, sometimes a lot. More complicated for those who apply with cohabitation only close to the 12 month minimum.

I could list other reasons or scenarios why. But again, your choice.
 

armoured

VIP Member
Feb 1, 2015
16,649
8,478
Wow...you truly are convinced that common law is evil. LOL!
Please don't. I do not think evil. I do not think morally wrong. Nothing of the sort.

My belief is that most of the reasons some people prefer common law over marriage are profoundly wrong based on misapprehensions.

Evil, no. Misinformed - often yes.
 

Jaafar hajj

Member
Jun 2, 2022
12
1
45
Saskatoon
Category........
Other
I have explained this many times before but the test for common law is necessarily more demanding - with marriage the legal test is fulfilled and the relationship proof supplementary.

Common law - apart from the year potentially gained by applying married - the requirements for relationship proof are by definition higher because now they must fulfill and meet legal tests for common law definition. Lots of cases where those applying had longer waits and/or refused because of deficiencies or errors that would be addressed by marriage.

Hence - for immigration purposes, common law is by definition more complicated. Sometimes only a small amount, sometimes a lot. More complicated for those who apply with cohabitation only close to the 12 month minimum.

I could list other reasons or scenarios why. But again, your choice.
You right but i am married from 3 years ago and i have a child 2 year ild now so its distressful
 

Jaafar hajj

Member
Jun 2, 2022
12
1
45
Saskatoon
Category........
Other
You right but i am married from 3 years ago and i have a child 2 year ild now so its distressful
I got deportation from June 2022 and i hair a lower for that they close my application and now they opened from February 2023 and still waiting the eligibility in process it’s been longer for me no work nothing to do
 

armoured

VIP Member
Feb 1, 2015
16,649
8,478
You right but i am married from 3 years ago and i have a child 2 year ild now so its distressful
I repeat and admit that there are cases where common law can make sense. An obvious one is where marriage is not possible (incl an existing marriage that cannot be dissolved).

A case where someone says it's not possible is not the same as "it's complicated." Not possible or no other choice is actually not complicated.

(Allowing for the person being correct in their statement of impossibility anyway)
 
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