Immigration with my girlfriend

[mohitleo9]

Hi,
I am a software developer and I got a job from one of the companies in Waterloo. They are looking into initiating visa process for me. Now I have a long time girlfriend that I have been living with for about 9 months though before that we were together in dorms (different rooms) for about 2 years and then I moved out of dorms and she continued to live there. After a year we moved together and stayed together in New York for about 9 months when she ran into visa issues (she didn't get H1B) and we decided to to travel together while applying for jobs. Now I have found a job in Waterloo. So I have two questions:
1) Can she apply as Common law partner. I can prove the we were living together for 9 months and then travelling together for another 4 months.
2) Is it possible to apply for visa together so when I start the job I can enroll her in my benefits program?
Any help would be much appreciated!

 

[riasat.abir]

Hi,
I am a software developer and I got a job from one of the companies in Waterloo. They are looking into initiating visa process for me. Now I have a long time girlfriend that I have been living with for about 9 months though before that we were together in dorms (different rooms) for about 2 years and then I moved out of dorms and she continued to live there. After a year we moved together and stayed together in New York for about 9 months when she ran into visa issues (she didn't get H1B) and we decided to to travel together while applying for jobs. Now I have found a job in Waterloo. So I have two questions:
1) Can she apply as Common law partner. I can prove the we were living together for 9 months and then travelling together for another 4 months.
2) Is it possible to apply for visa together so when I start the job I can enroll her in my benefits program?
Any help would be much appreciated!

You may apply to sponsor a common-law partner, of the opposite sex or the same sex. If so, you have to prove you have been living with your partner for at least 12 consecutive months in a relationship like a marriage.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=347&top=14

 

[aneelkanth]

It would be an uphill battle to prove your common law to IRCC. Please consult a lawyer to understand the probability of a positive outcome.

Supporting evidence needs to be robust including joint bank account/statements registered on the same address, Joint phone bills and account on the same address, Driving licenses on same address and all documents need to support a 12 month period.

 

[jes_ON]

I am a software developer and I got a job from one of the companies in Waterloo. They are looking into initiating visa process for me. Now I have a long time girlfriend that I have been living with for about 9 months though before that we were together in dorms (different rooms) for about 2 years and then I moved out of dorms and she continued to live there. After a year we moved together and stayed together in New York for about 9 months when she ran into visa issues (she didn't get H1B) and we decided to to travel together while applying for jobs. Now I have found a job in Waterloo. So I have two questions:
1) Can she apply as Common law partner. I can prove the we were living together for 9 months and then travelling together for another 4 months.
2) Is it possible to apply for visa together so when I start the job I can enroll her in my benefits program?
Any help would be much appreciated!

First of all, you must be truthful, of course. But sometimes people volunteer more information than CIC asks for and get in trouble that way. I am wondering why you say that you have been living together for 9 months + "traveling together" for another 4 months, when you could truthfully say that you started living together 13 months ago.

Nothing in the guidelines say you must have a fixed residence to be considered "co-habitating" (although it certainly helps). The fact that you were "traveling" doesn't by itself uggest that you, as a couple, separated. For some reason you are making that distinction, so I wonder whether you did in fact travel "together" or separately.

But as others suggest, since you appear to have doubts, it is probably worth a consultation with an immigration lawyer.

 

[istari]

First of all, you must be truthful, of course. But sometimes people volunteer more information than CIC asks for and get in trouble that way. I am wondering why you say that you have been living together for 9 months + "traveling together" for another 4 months, when you could truthfully say that you started living together 13 months ago.

Nothing in the guidelines say you must have a fixed residence to be considered "co-habitating" (although it certainly helps). The fact that you were "traveling" doesn't by itself uggest that you, as a couple, separated. For some reason you are making that distinction, so I wonder whether you did in fact travel "together" or separately.

But as others suggest, since you appear to have doubts, it is probably worth a consultation with an immigration lawyer.

I think the problem with this approach is that he needs to prove that they've been living together for 12 months. He can't do that if, for example, they only shared a lease for 9 months.

 

[mohitleo9]

I think the problem with this approach is that he needs to prove that they've been living together for 12 months. He can't do that if, for example, they only shared a lease for 9 months.

Wow this community is really helpful. Thanks to all you guys!

I can prove that she was living with me for 9 months, and then I can we stayed for a couple of months in Europe at Airbnb plus I have all the flight and hotlel recourds to show that we lived together.
But another thing that I am wondering is that can we apply for her application at the same time as mine? In other words can I sponsor her even though I myself am going applying for the pr card.

 

[mohitleo9]

Thanks for all the replies, I am going to talk to the lawyer and post all the things that I find out.