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kellydunning

Newbie
Dec 21, 2010
2
0
Hi there!

I hope I have posted this under the correct topic. I am hoping that someone on this forum might be able to help me, as the immigration websites are very complicated and confusing, and my partner and I are somewhat of a unique case.

OK, so the story is that I am a 24 year old Canadian female, and I went traveling on a Working Holiday Visa in New Zealand from in Sept 2009. While I was there, I met my partner, who is 23 and from England. We fell in love and moved in together, sharing an apartment in NZ starting Dec 1st, 2009. In March 2010, Lee (my partner) had to go back to the UK, so I went there with him on a Youth Mobility Visa, which allows me to stay in the UK until March 2012 (yet only work for 12 months). We have been living together in the UK since then. Anyways, next year (2011) we plan to move together to Canada, probably in summer or early fall at the latest. I know that since Lee and I have lived together for over year now, and we have the signed tenancy agreement from the apartment in NZ to prove it, along with many other documents of us travelling together, we are eligible for Common Law Partner Status.

However, when reading over the website and attempting to understand the complicated process, I seemed to get the impression that you have to apply for Common Law Partner Status from within Canada. Does anyone know if this is the case?

Would Lee and I be able to apply for Common Law Partner Status from the UK, or would he have to enter Canada first on a Working Holiday Visa or some other temporary visa, and then apply once we are living in the country?

If anyone has experience with this sort of situation, or knows where I could find the answer, your help would be much appreciated!

Thank you for your time,
Kelly
 
Kelly,

You haven't really posted your question in the right part of the forum. I would recommend you start reading through the threads in the Family Class section: http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/ I think you'll find a lot of useful information there and can ask any additional questions you may have.

To briefly answer your questions:

1) As long as you have lived a minimum of one full year together somewhere (doesn't have to be Canada), you qualify for common law. Make sure you provide as much supporting documentation as possible providing that you have been common law for the full year. when you submit your application (i.e. joint leases, joint bank accounts, etc.)

2) Yes, you can apply from the UK (this would be an "outland" application). However you'll need to ensure that you provide proof along with the application that you plan to return to Canada and re-establish residency there after he is granted PR. Proofs can include a combination of: rental agreement, mortgage, job offer, school acceptance, written explanation of your plans, etc.
 
Hi!
Sorry, I wasn't sure if this was the right forum.

Thank you very much for the information! We appreciate your help!

-Kelly :)