Help!!! Common law sponsorship. Under a year living together.

[june1990]

I wanna ask: me and my bf are living together for 7 mos. we started our relationship 16 months ago. We have a 4 month old baby. Now we are going to sign the statutory declaration form, can he still sponsor me for common law sponsorship or we have to wait til we are living for 12 mos. thank you

 

[chrismgallen]

Unfortunately you don't meet the requirements to be considered under the common-law class. As to whether you'd be able to apply as conjugal or not, I'll leave that to other members that may have a better understanding.

If you are in a common‑law relationship:

You can sponsor the person as your common‑law partner
- regardless of his or her sex, and
- you are cohabiting in a conjugal relationship and have done so for at least one year.

Source: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

*edit*
Just a thought - if you are serious about applying for the common-law stream - this is a great time to start getting together the evidence that they'll be looking for when you apply - for example, setting up a joint bank account if you don't already have one and making sure that you're listed on each others insurance policies etc if you aren't already. Good luck!

 

[june1990]

We have a joint bank account for our child. Right now im on a visit pass, im going to renew it until january so we can apply for CL sponsorship.

 

[zardoz]

Unfortunately you don't meet the requirements to be considered under the common-law class. As to whether you'd be able to apply as conjugal or not, I'll leave that to other members that may have a better understanding.

Source: http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

*edit*
Just a thought - if you are serious about applying for the common-law stream - this is a great time to start getting together the evidence that they'll be looking for when you apply - for example, setting up a joint bank account if you don't already have one and making sure that you're listed on each others insurance policies etc if you aren't already. Good luck!

Absolutely not eligible for conjugal. The OP will just have to wait until they meet the requirements of common-law.

 

[june1990]

i am filling up the form for statutory, there is a question there : when did you enter common law? is that when we move in together or when we declare the common law?

 

[zardoz]

i am filling up the form for statutory, there is a question there : when did you enter common law? is that when we move in together or when we declare the common law?

Why are you filling in forms for statutory? You have to be cohabiting for an absolute minimum of 12 months together. You said that you have only been living together for 7 months. You still have at least 5 months to wait. You enter common-law after the end of the 12 months period. As far as CIC are concerned at the moment, you are no more than boy and girl friends.

 

[Ponga]

i am filling up the form for statutory, there is a question there : when did you enter common law? is that when we move in together or when we declare the common law?

You can't simply `declare' that you are Common-Law for immigration purposes. As zardoz has already told you, you will NOT even qualify as a Common-law applicant until you have lived with your sponsor for one full year. On the 366th day, you will qualify, but not until that day.

 

[Rob_TO]

i am filling up the form for statutory, there is a question there : when did you enter common law? is that when we move in together or when we declare the common law?

The date you enter for this questions is the date you reached exactly 12 months of cohabitation. If you have not reached 12 months then you do not qualify for common-law for immigration, no exceptions.

It doesn't matter if you have a child together, that would only matter for tax purposes. Immigration and applying for PR has it's own set of rules you must follow.

If you submit a common-law app without reaching 12 months of cohabitation, it will 100% be rejected.