Common law

[MichelleCrawford]

Hello,
Is there any chance by which i could sponsor my boy friend under common law?
It's not been a year since we started living together and his visa is expiring soon. I really want to keep him in canada.
Any advice from the experts out there?

Thank you

 

[scylla]

Zero chance. The definition of common law is that you have lived together continuously for a minimum of one full year. If you don't meet this requirement then you're not common law.

If he wants to remain in Canada, he would need to either extend his current visa or apply to change his status to visitor if he's on a work permit he can't extend.

 

[MichelleCrawford]

He's on a student permit and because of his poor grades he cannot extend the visa. Can i sponsor him as a visitor within canada?

 

[scylla]

How long has it been been since he stopped attending school?

You can't "sponsor" him for a visitor visa. However you can write an invitation letter and state that you will support him financially. If you are working towards common law, you should state this in the letter.

 

[MichelleCrawford]

He's not attending school since January 2017.

 

[scylla]

He needs to apply to change his status to visitor soon. Once he's out of school for more than 90 days, his study permit will be automatically canceled and he will be out of status in Canada.

I assume he's no longer working. If he is, he needs to stop immediately since the work is illegal.

 

[MichelleCrawford]

Yeah he stopped working in december.
What're of the chances of getting his visa extended though?

 

[scylla]

Yeah he stopped working in december.
What're of the chances of getting his visa extended though?

If you say that you are converting his status to visitor in order to complete one year of living together and become common law - you will likely be approved. But never guaranteed. The fact he wasn't doing well in school and he's effectively on academic leave could possibly impact the decision. But really impossible for any of us to say.

 

[YVANNA]

Hi, I was trying to start a new thread but I can't find how. Anyways, If I can cut in here, thanks.

Im trying to sponsor my boyfriend as well for common law. He has a student visa that will expire in July 11
We have been living together for 1 year and 2 months. We have the lease from our previous landlord and have the current lease for the new one where we moved. So far, lease is the only proof we have (besides from pic,communication, interac transfers).

My questions are:

1. Can he apply 1st for Visa extension/Change of Condition while we gather more proof of our relationship or should we send the application together considering that his visa will expire in July?

2. He never applied for tax return since he was an international student since 2012. Should he file?

3. I earn 37,000 annual, will that be enough to sponsor him?

4. Is it worth it to get a lawyer?

Thanks!

 

[spousalsponsee]

Hi, I was trying to start a new thread but I can't find how. Anyways, If I can cut in here, thanks.

Im trying to sponsor my boyfriend as well for common law. He has a student visa that will expire in July 11
We have been living together for 1 year and 2 months. We have the lease from our previous landlord and have the current lease for the new one where we moved. So far, lease is the only proof we have (besides from pic,communication, interac transfers).

My questions are:

1. Can he apply 1st for Visa extension/Change of Condition while we gather more proof of our relationship or should we send the application together considering that his visa will expire in July?

2. He never applied for tax return since he was an international student since 2012. Should he file?

3. I earn 37,000 annual, will that be enough to sponsor him?

4. Is it worth it to get a lawyer?

Thanks!

Earnings aren't relevant (there's no threshold for sponsoring just your partner), and most people do apps without any need for a lawyer.

If you already qualify for common law, you can apply now. If you're applying inland, he can apply for an open work permit at the same time, if you're going outland, he'll need to adjust to visitor status online before July 11th.

No idea about the tax returns status.

Good luck

 

[canuck_in_uk]

So far, lease is the only proof we have (besides from pic,communication, interac transfers).

1. Can he apply 1st for Visa extension/Change of Condition while we gather more proof of our relationship or should we send the application together considering that his visa will expire in July?

2. He never applied for tax return since he was an international student since 2012. Should he file?

3. I earn 37,000 annual, will that be enough to sponsor him?

4. Is it worth it to get a lawyer?

Hi

Has he resolved the PGWP application? The issue is that study permits are automatically invalid 90 days after graduating. Students apply for their PGWP before that 90 days is up and then have Implied Status until they receive their PGWP. His PGWP should have been processed by last summer, so if it hasn't, it suggest that the app was never properly submitted/received, which would mean he is currently out of status. This would also mean that any work he has done would be illegal.


Just a lease is not enough prove common-law. You need to look at the checklist to see what proofs are required.

1. He needs to resolve the PGWP issue to find out what his current status actually is.

2. It isn't relevant to the PR app but he should file anyways.

3. There is no minimum income to sponsor. You just need to be able to show IRCC you can support yourselves without welfare.

4. No, not worth it to get a lawyer.

 

[lukeaidan97]

Hello,
Is there any chance by which i could sponsor my boy friend under common law?
It's not been a year since we started living together and his visa is expiring soon. I really want to keep him in canada.
Any advice from the experts out there?

Thank you

I'm sorry to say but there won't be a way he will be able to be eligible under the Common-Law in Canada Sponsorship. You need to be both residing together for at least 12 months in a marriage like relationship. You would need to provide proof of cohabitation.

If his work permit is expiring shortly, he could potentially apply to extend his stay in Canada as a Worker or as a Visitor.

If he cannot go via the worker option he would need to extend as a visitor by applying for a visitor visa this means he cannot legally work or study in Canada so would need finances to support himself or have a sworn affidavit from yourself confirming you could support him for his stay in Canada.

 

[YVANNA]

Hello guys, I just want to update you .
We went for common law , submitted before July 11. I believe he was on Implied status then. He just got his visitor's visa last October and it's valid for 1 year, expiring on October 2018. we are just waiting for his Work and Open Work Permit.

Thank you so much for all your response