How does Common Law with Canadian Citizen and US citizen work?

[katester]

Hi, my guy and I have been together for a year. And being that we live far away from each other, he comes and lives with me as regularly as he can. He was here for the entire summer plus some. And we have not gone more then a month and a week without him living here with me. Some stays are short (2 weeks) some are a month or more.

My question is, how can we be considered common law if legally we can't stay in the others country for more then 6 months? I saw the definition of common law in the OP2 Family Class Processing Manual. And If I read it correctly then we should be considered common law since we live together as long and as frequently as possible for at least a year. With the only breaks in between were cause of his work in the Army. If we do not qualify then how can we ever qualify if we can only legally stay for 6 months? Do I need to go live with him for a straight 6 months after he was here a straight 6 months? Unless he were to stay here illegally for 12 straight months then there is no way for us to ever qualify for common law, right?

 

[Sweden]

Hey,

I dont' know if you qualify as you are now, but you could qualify by living together.
I am not sure about the US, but in Canada, if you are from a visa-exempt country, (like US) you could come for 6 months, once the 6 months is up, you could either request an extension of your visitor visa, OR go to the US for one day and come back in the country for another 6 months (there are plenty of US/Canada couples on this forum who are doing that) - so in that sense, it's possible. CIC won't consider you not willing to quit your job (or him) to be in the same place as a valid reason for not living together ( I'm not saying that what you are doing is wrong - I'm just trying to explain CIC's point of view).

now - if his "permanent home" is with you, in the same place, and he gets all his mail there, and is only away because he is on duty with the army, you might still qualify as "common law" - but it's difficult to know with so few details.
Hope it clarifies a little.
Good luck,
Sweden

 

[aerogurl87]

You can qualify by either staying there for six months and him staying with you in the US for six months. Or maybe you can get a NAFTA work permit (this is what I did) to be able to live with him for 12 months legally. Or a study permit possibly too. You said you're only apart because of his work in the army though, so maybe if you can show that you both share the same permanent address (mail to the residence in both of your names, joint bills, etc.) You still might qualify.

 

[katester]

Well, as for my job, not quitting wont qualify me. But his job, is the Army He is contracted with them. So I would think that would qualify him for that.

aerogurl87 You said you got a NAFTA work permit. How did you go about that? It says that you need an employer to offer you a job before you even get one. I have applied to hundreds of jobs already in Alberta, Manitoba and Ontario with no luck. The ones willing to hire me say that I need a work permit first and when I explain the Temporary Foreign Worker Program then stop all contact with me.

Is that NAFTA different than Temporary Foreign Worker Program? It sounds the same. I am a CNA in America. Or a Health Care Aide/ Personal Support Worker in CA. And when I call for info on the program they tell me how this profession is in need and I should have no problem finding a job. But no one is willing to hire me cuz of the permit. How did you get a job? Is there a profession that is easier to get into? I feel like I am at a loss I spend hours and hours every day applying to places and responding just to get ignored. I know it wont happen over night but any advice would be so helpful and appreciated.

 

[tuyen]

My question is, how can we be considered common law if legally we can't stay in the others country for more then 6 months?
...
Unless he were to stay here illegally for 12 straight months then there is no way for us to ever qualify for common law, right?

There are several ways to do it:

1) apply for an extension when you (or he) are in each other's respective countries
2) be in the country on a work visa
3) be a dual citizen
4) be in the country on a student visa

The list goes on and on.

I know that in your specific case, you don't see how it's possible, but there are many people who fall into one of those categories, and of those people, some are able to meet someone and live together while they're both residing in the same country.

For you, the easiest way (by far) would be option #1.

 

[Creampop]

Most of the US does not recognize common-law (you have to check your state, usually if it is a common wealth state they do, but not all), so I don't know that this would be a valid reason for extended a visitors visa in the US, tho it is in Canada, you can live together for a year anywhere and Canada will recognize the common-law. The way you are explaining it, he is coming to visit regularly and that does not qualify as common-law. I would think the problem would be that he is in the Army how can you prove he was living in the states while contracted to the Canadian government... if you can go without working then it would be best for you to go to Canada and stay, you can still try to find someone to hire you after 6 months you can either apply for an extension or just hop the border one day and go back the next and another 6 months will start. Don't forget there is more then just living together to prove common-law you have to act just as a married couple, all bills should be combined joint bank accounts, mail coming to both of you at the same address etc CIC has a list on their website. Good Luck!

 

[aerogurl87]

Well, as for my job, not quitting wont qualify me. But his job, is the Army He is contracted with them. So I would think that would qualify him for that.

aerogurl87 You said you got a NAFTA work permit. How did you go about that? It says that you need an employer to offer you a job before you even get one. I have applied to hundreds of jobs already in Alberta, Manitoba and Ontario with no luck. The ones willing to hire me say that I need a work permit first and when I explain the Temporary Foreign Worker Program then stop all contact with me.

Is that NAFTA different than Temporary Foreign Worker Program? It sounds the same. I am a CNA in America. Or a Health Care Aide/ Personal Support Worker in CA. And when I call for info on the program they tell me how this profession is in need and I should have no problem finding a job. But no one is willing to hire me cuz of the permit. How did you get a job? Is there a profession that is easier to get into? I feel like I am at a loss I spend hours and hours every day applying to places and responding just to get ignored. I know it wont happen over night but any advice would be so helpful and appreciated.

I got a job transfer since the company I worked for in the US had a sister company in Canada near where my boyfriend lives. If you can get that or qualify under one of these jobs and manage to get someone to hire you: http://migracion-canada.com/nafta.pdf you should be able to go to send in paperwork to get a work permit with no LMO. It will takes lots of work though. Even though I got a transfer, I had to do the majority of the leg work and convincing since none of my managers or the workplace here in Canada knew about such a work permit. Good luck. Also it is different than the Temporary Foreign Worker Program.

 

[katester]

so, I found this job posting..at the bottom it says it is "It is unlawful to employ a person who does not have permission to live and work in Canada. Unless the advert states otherwise, please ensure you have this permission before applying." bestjobsca.com/bt-jobd-apss-14296.htm so how do I get a job offer if they are saying its unlawful if I don't have a permit before hand....when NAFTA and temporary foreign worker programs require the job offer first?

 

[AnaMaria]

so, I found this job posting..at the bottom it says it is "It is unlawful to employ a person who does not have permission to live and work in Canada. Unless the advert states otherwise, please ensure you have this permission before applying." bestjobsca.com/bt-jobd-apss-14296.htm so how do I get a job offer if they are saying its unlawful if I don't have a permit before hand....when NAFTA and temporary foreign worker programs require the job offer first?

At the time of the job offer, you are not employed. Employers can give you offer and you go get the work permit with the offer and then get employed.