Form questions (common law)

[Altab]

Hi everyone
Hopefully someone out there has some insight into this

My partner and I will be common law within a few months.
He has been visiting me in Canada for the past 8 months and had applied and was approved for a visitors extension. Our relationship is going well (we've been together since 2016) and we've decided to stay together for the long term. His extension date allows us to have common-law status in the future and we heard we can send an app for common-law sponsorship before this date.

On the sponsorship application, there is a section for marital status. If we answer 'common law' it asks for dates but does not allow us to put a date in the future. We can also answer 'unknown' - What is the proper way of filling out this section for us?

There is also a section that asks my partner about his family. It specifically asks about his father and brothers/sisters and half-brothers/sisters. My partner has a biological father who was not a part of his life and his 'actual' father who raised him and whom he calls dad. He also has some half brothers/sisters from his biological father but we do not know any information about them. Is the form asking for biological father information or 'considered father' information? If we were to include both - is there an attached form available for notes or details of this kind.

Should we be asking the application centre these questions instead of this forum?

 

[YVR123]

Hi everyone
Hopefully someone out there has some insight into this

My partner and I will be common law within a few months.
He has been visiting me in Canada for the past 8 months and had applied and was approved for a visitors extension. Our relationship is going well (we've been together since 2016) and we've decided to stay together for the long term. His extension date allows us to have common-law status in the future and we heard we can send an app for common-law sponsorship before this date.

On the sponsorship application, there is a section for marital status. If we answer 'common law' it asks for dates but does not allow us to put a date in the future. We can also answer 'unknown' - What is the proper way of filling out this section for us?

There is also a section that asks my partner about his family. It specifically asks about his father and brothers/sisters and half-brothers/sisters. My partner has a biological father who was not a part of his life and his 'actual' father who raised him and whom he calls dad. He also has some half brothers/sisters from his biological father but we do not know any information about them. Is the form asking for biological father information or 'considered father' information? If we were to include both - is there an attached form available for notes or details of this kind.

Should we be asking the application centre these questions instead of this forum?

You have to wait till you are common-law to send in the application. Therefore, that field do not allow you to put a future date.

For additional family information about father, brothers and sisters, they want his biological father's information unless he is legally adopted by his 'actual' father. If he doesn't know detail information of his half brothers and sisters, just put in as much as he can. And attach additional note to explain it.

 

[Altab]

You have to wait till you are common-law to send in the application. Therefore, that field do not allow you to put a future date.

For additional family information about father, brothers and sisters, they want his biological father's information unless he is legally adopted by his 'actual' father. If he doesn't know detail information of his half brothers and sisters, just put in as much as he can. And attach additional note to explain it.

Thanks. I thought we could send it in earlier - I have heard of people sending in the app before getting married officially, for example.

Follow up question -

The visitors extension date falls exactly on the date that we would be living together for exactly a year. The doesn't seem to give us any additional time to send in the application (as he would have to send it in on the date he would need to leave Canada). I'm not sure what to do..

Is it possible to get ANOTHER visitor extension? Can we apply after he leaves Canada as we HAD been living together a year... or when he leaves is he automatically not common-law anymore?

What about an OWP - Can he do that as an extended visitor now? Or do we have to file that when we do the common-law app?

 

[YVR123]

Thanks. I thought we could send it in earlier - I have heard of people sending in the app before getting married officially, for example.

Follow up question -

The visitors extension date falls exactly on the date that we would be living together for exactly a year. The doesn't seem to give us any additional time to send in the application (as he would have to send it in on the date he would need to leave Canada). I'm not sure what to do..

Wait, you want to send in the application to extent his visitor status?

If you apply inland and also include OWP with your inland application, then he could be in imply (visitor) status until he gets the OWP.

BUT the catch is, if any of the information is missing/form is not filled in properly...etc. Your application will be returned and he will be out of status. Not until AOR, you do not know for sure if the OWP goes in.

A lot of people request for a visitor extension again before/at the same time as they submit their inland spousal sponsorship just to make sure that the applicant do not go out of status.

And the thing that you've heard is incorrect. You do not qualify to apply until you become common law. And for married couple, they need to send in their marriage certificate. So that definitively cannot happen before getting married.

 

[Altab]

Wait, you want to send in the application to extent his visitor status?

If you apply inland and also include OWP with your inland application, then he could be in imply (visitor) status until he gets the OWP.

BUT the catch is, if any of the information is missing/form is not filled in properly...etc. Your application will be returned and he will be out of status. Not until AOR, you do not know for sure if the OWP goes in.

A lot of people request for a visitor extension again before/at the same time as they submit their inland spousal sponsorship just to make sure that the applicant do not go out of status.

And the thing that you've heard is incorrect. You do not qualify to apply until you become common law. And for married couple, they need to send in their marriage certificate. So that definitively cannot happen before getting married.

I see.

No, the common-law application was for sponsorship so we can continue to be together in Canada.

He came here to visit for a few months and we wanted to keep being together to see how it would go and applied for a visitor extension and got approved. He has now been here for 8 months, with 4 months left on the visitors extension.

Our relationship progressed and we want him to stay in Canada. We wanted to do the common-law app since he will be here for a year (then thereby common-law) when his visitor extension is set to end.

We would need to extend it again regardless? I thought there was 'implied status' with the sponsorship app ?

 

[canuck_in_uk]

Thanks. I thought we could send it in earlier - I have heard of people sending in the app before getting married officially, for example.

Follow up question -

The visitors extension date falls exactly on the date that we would be living together for exactly a year. The doesn't seem to give us any additional time to send in the application (as he would have to send it in on the date he would need to leave Canada). I'm not sure what to do..

Is it possible to get ANOTHER visitor extension? Can we apply after he leaves Canada as we HAD been living together a year... or when he leaves is he automatically not common-law anymore?

What about an OWP - Can he do that as an extended visitor now? Or do we have to file that when we do the common-law app?

You heard wrong. An app sent before being legally married or common-law will be immediately knocked back.

Unless you have solid common-law proofs covering the exact 365 days, I strongly suggest he apply for another extension before his current status expires in order to have a buffer.

He can apply for an OWP if you apply inland. Submitting a PR app does not grant status.