hi guys, i have a common law partner(we met here in Canada) and we have been together since may 24th 2017 and have been living together since December 2017.she will be getting permanent residency in august,September next year. we are currently students and i am 21 and she is 20.i was just wondering if she can sponsor me for the permanent residency under family class or common law sponsorship (inland) in 2020.by then i will be done with school .
common law
- Thread starter Sopunuchi
- Start date
She needs to include you in her PR application once you become common law in December 2018. You'll have to pass a medical and provide PCCs as part of her application. You'll get PR at the same time as she does.
To be able to sponsor you later, She must add you as a common law spouse.
Since you two will become common law (Dec 2018) by the time she is able to get her PR (Aug, Sept 2019), she needs to add you to her application.
Hopefully, she is apply via Express Entry or other economic/skill.
If she didn't include you in her application, she can NEVER sponsor you. (even if you two decided to get married later)
And agree with scylla, you will go thro medical and police/criminal check .
She can either include you in her application or put you as non-accompanying and sponsor you later.
You need to ask this question in the refugee section of the forum. Since she is getting PR as her mother's dependent, the fact you are living together may be a big problem. You need to find out asap before you hit a year of living together.
If you two continue to live together, she CANNOT get her PR via her mother.
If she and you becomes common law, she is NOT a dependent of her mother any more. and WILL BE EXCLUDED from her mom's application.
If she tried to hide the fact that she is in a common law relationship, she is committing immigration fault. If she remains on her mom's application, that's mis-representation.
My suggestion was under the assumption that she is getting her OWN PR via skill worker or express entry.
NOT as a dependent.
Generally speaking, once you are common law, you can no longer be included as a dependent in your parents' PR application. The two of you are going to hit this date very soon so you need to sort out what that means asap or your girlfriend may no longer be entitled to get PR through her mother. Refugee rules are pretty specific - again, you need to ask this question in the Refugee section of the forum (not here).
That's why you still have a chance to fix this problem.
You two cannot become common law if she wants to get PR from her mom as a dependent.
I also don't understand what you said on " then became a pr.she then added her kids."
You may need to double check that on refugee section. But if her mom didn't declared her before, I am not sure if she can add a non-declared kid after her mom got her PR. It's not possible via other stream but I am not sure if that's different for refugee.
i need to give out more info so you guys better understand me..ok,she is still on student visa right now...her mom will be going for a hearing in february next year and if that is approved she will go from refugee status to protected person and if that is done her mom can include her as a protected person in her application..she can then apply for permanent residency