From Ireland, living with Canadian Boyfriend, advise re. Common Law Wife App

[Muffin]

Hi All.

I am a 36 year old female from Ireland, I was working on a one year visa, which has just expired and I am over 35, so I applied for an extension, but my LMO was rejected twice. I have been living with my Canadian boyfriend in Toronto since December 2010 and think the only way for me to get PR is through the Common Law Wife application. We met last March and both really want a future together, however now I have to leave, my flight is booked for Dublin. I do not qualify under any of the job categories unfortunately so our best bet in this application. I have met with various lawyer and advisors and they all have said the same, but I now that I am going home, we will have a break and I will have to come back soon enough, as we are not supposed to have a long break. I know from the CIC website, short trips home are allowed. ("You are allowed short absences for business travel or family reasons, however.")
I am wondering how long I can stay at home before I would have to come back, as I am worried about not having enough funds to come back as a visitor until December, before we apply for the Common Law Wife application. Also I am wondering how much money would I need to return and would an IO quiz me on my reasons and should I mention I am returning to my Boyfriend, as we want to apply for him to sponsor me. I would like to stay on a few months, go home again, then come back here again, but I am really concerned I do not have enough money and I do not think he can support me much, as he does not earn that much. My main concern, is being stopped at emigration and also I want to make sure I do not leave a BIG break when I go home, but I can not find anywhere on line about this. I aim to go home for 3 weeks and return as a visitor, or could I stay home longer? Any advice is greatly appreciated

 

[patiently_waiting]

Hi Muffin, Did you and your boyfriend live together for at least 12 months prior to moving in with him in December 2010? If not, unfortunately, you will not qualify as common law however you should look into the conjugal relationship application. You can apply outland through the UK and still stay with him in Canada upon return (make sure you cruise the threads on here about visiting Canada while in process to ensure you are allowed entry). Essentially, while your application is in process you will need to ensure that you have a return flight at the time you come to Canada in addition to documentation to show that you have strong ties to the UK and you will return home, a letter from your employer confirming that you are employed and will return to your job is also a good piece of proof to have with you.

Lots to do before applying!! Make sure you go through the first thread on thie forum (created by Leon) there is fantastic information to start there and if you need help along the way everyone on this forum is fantastic when it comes to advice and assistance. Good Luck!

 

[waitingintz]

Just to expand on what patiently_waiting was saying (as it seems you might be unclear on the criteria) - to apply as common-law you don't necessarily have to be currently present at the same address but you have to have lived together for at least 12 months. So, if you leave now and spend the year in Ireland, you WILL NOT be able to apply as common-law partners as you are not living together. Being in a relationship for 12 months is NOT sufficient to qualify for common-law status. You need to demonstrate that you have lived together for over 12 months and that you have joined your lives as a married couple would (financially, socially, etc)

You can claim his home as your primary residence and still flying back and forth BUT there are some considerations:

1. you will only be able to apply as common-law at the end of a 12 month period (so early 2012)
2. you will have to continue flying back and forth so as not to overstay your tourist visa before that time... obviously there is a financial toll to this especially when you won't be able to work while in canada during this time.
3. each time you want to enter canada, it will be up to the immigration officer whether or not to let you in. Eventually it may start to seem like you are living in canada rather than visiting and you may be denied. It will help if you have proof of ties back home but of course that is difficult when you aren't spending very much time there.

 

[Muffin]

thanks for the advice, we are together a year in March, but I only moved in with him last December and I know I have to have the 12 months co habiting, we already have a joint bank account and I have mail addressed to his address, we have holiday receipts, evidence of phone calls, cards, we have emails, texts, and hundreds of photos since we met and we can have friends and family confirm that we are in a legitimate relationship next December. We are also getting a credit card in both names. However we are subletting, and our names are not on any bills, is that a huge problem?

Do ye know how long I can stay home before I come back? as I do not want any hassle going forward when he sponsors me, when returning, should I mention I am returning to visit my boyfriend? I would say I should not stay home any longer than 3 weeks before returning. If immigration prevent me, then they would be preventing him from sponsoring me and I am entitled as an Irish citizen to visit here for 6 months..any further thoughts?

 

[Baloo]

The lack of joint bills should not be a major issue, I guess that you will need to explain why and maybe look for more evidence.

There are two parts to this, being in a common law relationship and getting back into Canada.

Being apart for too long in the common law relationship will restart the clock, but I doubt that three weeks would be an issue.


Lets assume you will return to Canada as a visitor, waitingintz sums it up very well.
If immigration refuse you entry to Canada, you will have to return to Ireland.
When you state "I am entitled as an Irish citizen to visit here for 6 months", you are 100% wrong.
There is no right of entry for visitors, no matter what country they come from. Citizens - Yes, visitors - No.

 

[Muffin]

Thanks, what I meant was that Ireland and Canada have a visa waiver for visiting for 6 months and if I am doing everything legally I do not understand why there would be a problem. I am visiting and if I can't then we can not be together and he can not sponsor me. This would most likely mean we would split up,as being away from each other for long bouts would put too much stress on our relationship.

 

[Baloo]

Thanks, what I meant was that Ireland and Canada have a visa waiver for visiting for 6 months and if I am doing everything legally I do not understand why there would be a problem. I am visiting and if I can't then we can not be together and he can not sponsor me. This would most likely mean we would split up,as being away from each other for long bouts would put too much stress on our relationship.

I am aware of the visa exemption (I am a Brit), in most cases there is no issue, but I assure you, you have no rights to enter Canada as a visitor.
Whatever happens, the IO makes the choice whether you enter or not. When you visit you have to convince the IO, if need be, with proof.
There are people here that have been apart years waiting for immigration to be finalized.
If your relationship can't take a long separation, then you may need to rethink it.

 

[canadianwoman]

Thanks, what I meant was that Ireland and Canada have a visa waiver for visiting for 6 months and if I am doing everything legally I do not understand why there would be a problem. I am visiting and if I can't then we can not be together and he can not sponsor me. This would most likely mean we would split up,as being away from each other for long bouts would put too much stress on our relationship.

You can visit for 6 months, but the border official does not have to let you in. Usually there is no problem getting in, but the border official may ask for proof you will leave Canada - proof like a return ticket, proof of ties to your home country such as a job, a lease on an apartment, money in the bank, etc. The only one you are likely to have is a return ticket. If you got married, you could apply right away.

 

[waitingintz]

Muffin -

The point is there are no guarantees. Your plan is to go back to Ireland for a few weeks then come back for 6 months, leave again for a few weeks and come back for another 6 months at which point you will qualify to apply for permanent residence under common-law partnership. Many people have done this. It is possible.

There are a lot of things to consider such as the potential refusal of entry at the border (realistically, it happens and needs to be considered) and the strain of not being able to work for that entire year (plus however long it takes to get your application processed).

If you think being apart would be hard - do not underestimate the strain of sitting around waiting for immigration. I think you're on the right track though. Try the first 6 months and see how it goes.

 

[Muffin]

Thanks waitingintz, it will be a strain, but I am prepared to see and who knows, we could get married sooner, if things are that good between us, I am prepared to see what happens. I will have return ticket and proof of funds.

 

[pinklady]

Muffin, i just sent you a PM

 

[Muffin]

Got it thanks.

 

[pinklady]

trying to send another but your inbox is full!

 

[Muffin]

I have cleared my inbox.

 

[pinklady]

I have cleared my inbox.

Trying to reply to your message....
Same problem!!!!