Inland common-law application, covid19 and some urgent questions.

[Natus7]

Hi everyone,
We need help/insights in terms of our inland application under common-law please. Thanks in advance for your help!
I am the person being sponsored.
My visitor's visa expires April 9th, we waited way too long with submitting the application and need to do it now asap. This whole COVID19 situation has made things even more challenging for us.
We need help with the following:

1. Date we entered into common-law. This one seems tricky for us.
We started living together in July 2018 when I came as a visitor to Canada and stayed with my partner, traveling around BC, we also went on holidays to the States and Peru. I got pregnant in October 2018. Before my visa expired (end of December 2018) we left for the Philippines, to prepare for giving birth. We had to leave Canada as I didn't have medical coverage as a visitor, but could afford medical bills in the Philippines. Our daughter was born in June 2019 in the Philippines (she's got 2 citizenships: Canadian and Polish). In August till October we were in Poland, visiting my family. And in October 2019 we came back to Canada (me as a visitor).
According to the province of BC we are common-law the moment we have a child together.
Should our date of entering the common-law be the date our child was born (June 2019), or the date we have lived together for 12 months as the CIC states on their website (that would be July 2019, although we have lived in many places, not one).

2. What happens if they reject our application during covid19? My visa will have been expired by then for sure. Will I be able to extend it then without leaving the country? I obviously don't want to leave the country during covid19. My partner says they will not make me leave Canada, as it would mean our baby who is Canadian would be forced to leave with me (she's only 10 months and I'm breastfeeding her), there is no way I'd leave my child behind. But according to CIC I need to apply for a visa extension minimum 30 days before my visa expires.
I'm also applying for Open Work Permit. What happens if my application for OWP is successful, but our spousal sponsorship application gets rejected, while my visa has expired. Can I remain in Canada and re-apply or do I have to leave the country?
What are my options here?

3. Does it happen often that people who have a child together (who is Canadian) get rejected for the sponsorship application? If so, what are the main reasons?

Any help or insights into this would be much appreciated!
Thank you so much.

 

[scylla]

Hi everyone,
We need help/insights in terms of our inland application under common-law please. Thanks in advance for your help!
I am the person being sponsored.
My visitor's visa expires April 9th, we waited way too long with submitting the application and need to do it now asap. This whole COVID19 situation has made things even more challenging for us.
We need help with the following:

1. Date we entered into common-law. This one seems tricky for us.
We started living together in July 2018 when I came as a visitor to Canada and stayed with my partner, traveling around BC, we also went on holidays to the States and Peru. I got pregnant in October 2018. Before my visa expired (end of December 2018) we left for the Philippines, to prepare for giving birth. We had to leave Canada as I didn't have medical coverage as a visitor, but could afford medical bills in the Philippines. Our daughter was born in June 2019 in the Philippines (she's got 2 citizenships: Canadian and Polish). In August till October we were in Poland, visiting my family. And in October 2019 we came back to Canada (me as a visitor).
According to the province of BC we are common-law the moment we have a child together.
Should our date of entering the common-law be the date our child was born (June 2019), or the date we have lived together for 12 months as the CIC states on their website (that would be July 2019, although we have lived in many places, not one).

2. What happens if they reject our application during covid19? My visa will have been expired by then for sure. Will I be able to extend it then without leaving the country? I obviously don't want to leave the country during covid19. My partner says they will not make me leave Canada, as it would mean our baby who is Canadian would be forced to leave with me (she's only 10 months and I'm breastfeeding her), there is no way I'd leave my child behind. But according to CIC I need to apply for a visa extension minimum 30 days before my visa expires.
I'm also applying for Open Work Permit. What happens if my application for OWP is successful, but our spousal sponsorship application gets rejected, while my visa has expired. Can I remain in Canada and re-apply or do I have to leave the country?
What are my options here?

3. Does it happen often that people who have a child together (who is Canadian) get rejected for the sponsorship application? If so, what are the main reasons?

Any help or insights into this would be much appreciated!
Thank you so much.

1. You are common law after you have lived together for a year continuously (meaning with no breaks). Having a child doesn't factor into this at all. It's the year of cohabitation that matters. Make sure you have evidence to provde this year of living together (e.g. joint lease / property ownership, joint utilities, joint bills, etc.). You'll need evidence to cover the full year of living together. It's fine if you lived in multiple places together as long as you have the evidence.
2. Application processing takes approximately a year. Hopefully COVID-19 doesn't last nearly that long. If your application is refused, then you can eventually be asked to leave Canada. You can remain in Canada as long as the OWP is valid. The child can obviously go with you if you ever had to leave (although unlikely).
3. Yes, people can still be refused who have a child together. The main reasons for being refused and when IRCC doesn't believe the relationship is genuine (typically on the part of the person being sponsored).

 

[Eveslm]

1. From when you started living together continually as long as you have proof of cohab
2. Having a Canadian child does not grant you immunity/status etc; if you are out of status and they ask you to leave then the child wont change the situation. You can apply to extend your stay anytime, doesnt have to be 30 days before. You can apply online even a day before it expires. If you are submitting an OWP application with your PR then you have to submit it before your status expires and then you will have implied status; but if the application is returned for any reason, after your status expires then you will be out of status (if it is not returned then you will have implied status). If the PR application is refused while you have a OWP, then you can continue to maintain your status as per the OWP, and yes you can reapply.
3. Having a child together (whether Canadian or not) helps when it comes to submitting supporting documents; if you have been together for 2years+, have a child together etc you might not need to submit all of the supporting documents (you will see this on the checklist). However having a child (even if its Canadian) does not mean your application wont be refused if they feel there is a reason to do so.

Read the complete guide, go through the checklist, read the OWP guide. You will find answer there. And you will avoid making common mistakes

 

[canuck_in_uk]

Hi everyone,
We need help/insights in terms of our inland application under common-law please. Thanks in advance for your help!
I am the person being sponsored.
My visitor's visa expires April 9th, we waited way too long with submitting the application and need to do it now asap. This whole COVID19 situation has made things even more challenging for us.
We need help with the following:

1. Date we entered into common-law. This one seems tricky for us.
We started living together in July 2018 when I came as a visitor to Canada and stayed with my partner, traveling around BC, we also went on holidays to the States and Peru. I got pregnant in October 2018. Before my visa expired (end of December 2018) we left for the Philippines, to prepare for giving birth. We had to leave Canada as I didn't have medical coverage as a visitor, but could afford medical bills in the Philippines. Our daughter was born in June 2019 in the Philippines (she's got 2 citizenships: Canadian and Polish). In August till October we were in Poland, visiting my family. And in October 2019 we came back to Canada (me as a visitor).
According to the province of BC we are common-law the moment we have a child together.
Should our date of entering the common-law be the date our child was born (June 2019), or the date we have lived together for 12 months as the CIC states on their website (that would be July 2019, although we have lived in many places, not one).

2. What happens if they reject our application during covid19? My visa will have been expired by then for sure. Will I be able to extend it then without leaving the country? I obviously don't want to leave the country during covid19. My partner says they will not make me leave Canada, as it would mean our baby who is Canadian would be forced to leave with me (she's only 10 months and I'm breastfeeding her), there is no way I'd leave my child behind. But according to CIC I need to apply for a visa extension minimum 30 days before my visa expires.
I'm also applying for Open Work Permit. What happens if my application for OWP is successful, but our spousal sponsorship application gets rejected, while my visa has expired. Can I remain in Canada and re-apply or do I have to leave the country?
What are my options here?

3. Does it happen often that people who have a child together (who is Canadian) get rejected for the sponsorship application? If so, what are the main reasons?

Any help or insights into this would be much appreciated!
Thank you so much.

I strongly suggest you apply for a visitor extension prior to your current status expiring.

1. Provincial definitions are irrelevant. Immigration is federal. You became common-law one year after you started living together.

2. If your PR app is refused, you can stay as long as your OWP or visitor status is valid. You can certainly have to leave regardless of having a Canadian child.

3. Yes, it happens, like any app without children. It can be for a non-genuine relationship, an ineligible sponsor, applicant criminal issues etc.