Getting PR through common-law - How?

[Cluostari]

First off, I apologize if this is the wrong place to ask but it seemed like the best.

I moved to Nova Scotia last May to live with my girlfriend. I'm from the US. Our intent since before I moved was for us to live together for a year, file for common law, and then apply for PR once it was filed. Here's my questions....

-How exactly do we file? I've found form IMM 5409 while Googling. Do we simply just need to get it signed and notarized?

-Once we send in the PR application is it possible for me to work? I haven't worked the whole time I've been here because I'm on an extended visitor visa. Both of us really want for me to be able to work ASAP.

-What sort of medical benefits do I get as a PR as opposed to a citizen?

 

[Baloo]

First off, I apologize if this is the wrong place to ask but it seemed like the best.

I moved to Nova Scotia last May to live with my girlfriend. I'm from the US. Our intent since before I moved was for us to live together for a year, file for common law, and then apply for PR once it was filed. Here's my questions....


Read this post from leon
http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg344291#msg344291

-How exactly do we file? I've found form IMM 5409 while Googling. Do we simply just need to get it signed and notarized?

Start here, there is a whole kit to download.
http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

-Once we send in the PR application is it possible for me to work? I haven't worked the whole time I've been here because I'm on an extended visitor visa. Both of us really want for me to be able to work ASAP.

No, when you can work depends on how you file (inland or outland).

-What sort of medical benefits do I get as a PR as opposed to a citizen?

Nothing more or less - same

 

[Cluostari]

So essentialy as of this May we will be considered common-law partners? I was added to the apartment least as soon as I moved here. Is that form I found just a big help in my PR application?

 

[Baloo]

So essentialy as of this May we will be considered common-law partners? I was added to the apartment least as soon as I moved here. Is that form I found just a big help in my PR application?

A "big help", not really - it is only one of many forms.

Download the kit and instructions, have a read.

 

[Cluostari]

I'm still a bit confused on how we officially become common law. Is there something special we have to do before filling out the application to actually become common law?

 

[Baloo]

I'm still a bit confused on how we officially become common law. Is there something special we have to do before filling out the application to actually become common law?

From the site:

Common-law partner

You are a common-law partner—either of the opposite sex or same sex—if:

you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted.
(You are allowed short absences for business travel or family reasons, however.)

You will need proof that you and your common-law partner have combined your affairs and set up a household together.
This can be in the form of:

joint bank accounts or credit cards
joint ownership of a home
joint residential leases
joint rental receipts
joint utilities (electricity, gas, telephone)
joint management of household expenses
proof of joint purchases, especially for household items or
mail addressed to either person or both people at the same address.

 

[Cluostari]

So if we signed a lease together we're good? Sorry, I just want to be sure.

 

[AllisonVSC]

So if we signed a least together we're good? Sorry, I just want to be sure.

No, sorry, a lease is just one piece of evidence of a common law relationship relating to how long you have been co-habitating. Baloo gave you a list of other evidence of co-habitation.

Check out the OP 2 manual sections 5.25 and 5.26 for the definition of "conjugal" relationships (married common law, etc) and what other types of evidence you will need to provide. Basically you need to provide evidence that your relationship is already marriage-like (combined your affairs etc like Baloo mentioned) without having met the legal definition of married.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Also check out the family class folder on this forum. It is very active and you will learn a lot about what others are doing with regard to evidence they provided in their CL applications.

 

[aclnjmt]

What if we've kept all our finances separate? I have none of those "proof" things, though I've been here with him the whole time!!

 

[kelKel]

They want to know you've joined your lives as well as just lived together. If its just both names on a lease you could just be roomates. They need more proof.

 

[aclnjmt]

Yep thats where Im stuck. All this works going to go down the drain, plus I'll be living here illegally. Nice.

 

[kelKel]

It's tough to know what you need and don't need before you actaully start looking into the process. I had no idea the amount of documented proof we needed to supply until I actaully started researching.

I guess it's time to start joining your lives together immediately and then wait a bit before you send in an application.

 

[aclnjmt]

Already spent a thousand or so on this process. They didnt accept the letters from friends (although looking at some of these suggestions, the letters were very crude). Not good. Very unhappy

 

[kelKel]

I'm sorry to hear about your situation. Have you already filed your application? You said they didnt accept the letters? Were you called for an interview?

 

[aclnjmt]

Yep I sent it in, and got a letter today saying they needed more information about this. The letters I submitted I guess wasnt enough proof. I believe the interview would be if I got this stuff to them.. within 90 days. yuck.