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Messy... scenario! Help :(

LauraLynnR

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Jul 1, 2013
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Hi everyone! My name's Laura and I'd like to receive some information about how immigrating in Canada.
I'll try to be as clear and short as possible: I'm 20 years old and I live in Italy. Starting from October 11th 2012 i find myself in a long distance relationship with a canadian guy that i met on August 2012 and now we'd like to meet each other (finally!) within the first week of September.
Since I'm leaving in September and I can stay just for 6 months, I'll go back on March 2014. He's gonna host me in the apartment he bought for us and since he works he will be able to support me when I'm there to stay.
The problem is that we have projects for the future, such as get married as soon as possible and have kids, but first I need to stay there permanently.
We would like to apply for my permanent residence under the "Family Sponsorship" class, but we have no idea of what to do!
We've been looking for months but we still aren't ready and prepared.
I just wanted to know which steps we have to follow: have I to live with him a certain amount of time to be able to apply for the permanent residence? If I need to, do I have to extend my tourist visa so I can stay more? (how? I don't need one to travel there)
We aren't married yet, cause we considered to do it after I can stay there permanently, so how can we define ourself? Conjugal/Common-law partners? I don't think so, we're just in a long distance relationship.
I'm sorry for all my questions but I really need to find out what can I do to stay in Canada permanently and start my life there with me.
I hope you can help me (I don't trust websites anymore cause they just confuse me and never give me a sure answer) and I thank you all in advance.
Laura
 

keesio

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Hi Laura - your issue is that your boyfriend cannot sponsor you because you do not have any "family" status with him. You do not qualify as common-law (12 months of living together) and you are not married to him. I doubt you can just visit him for 6 months and try extend it to become common law because as a "visitor" you are not supposed to be "living" in Canada, hence you would not qualify as living together in the same residence for 12 months. You'll need to find a separate way to come to Canada on your own (work permit or other), he will need to move to where you are and establish common-law status that way (if he can get some temporary residence that way) or you'll have to get married first.

This is what I think. However there are much more knowledgeable people on this forum than I so hopefully they will give you more information. Good luck
 

LauraLynnR

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Jul 1, 2013
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keesio said:
Hi Laura - your issue is that your boyfriend cannot sponsor you because you do not have any "family" status with him. You do not qualify as common-law (12 months of living together) and you are not married to him. I doubt you can just visit him for 6 months and try extend it to become common law because as a "visitor" you are not supposed to be "living" in Canada, hence you would not qualify as living together in the same residence for 12 months. You'll need to find a separate way to come to Canada on your own (work permit or other), he will need to move to where you are and establish common-law status that way (if he can get some temporary residence that way) or you'll have to get married first.

This is what I think. However there are much more knowledgeable people on this forum than I so hopefully they will give you more information. Good luck
Thanks for these information! I really hope we can find a way cause I've just graduated, we both are young and I don't think they'd give me a work permit with no work experience :(
 

Rob_TO

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keesio said:
I doubt you can just visit him for 6 months and try extend it to become common law because as a "visitor" you are not supposed to be "living" in Canada, hence you would not qualify as living together in the same residence for 12 months.
This is completely wrong info.

You can live together for 12 months any way you can. It doesn't matter if you're here on visitor status or not. So you could very well live here with him for 6 months as a visitor, and then either renew your visitor status for another 6 months here... or have him visit to your home country for 6 months. As long as it all adds up to 12 months continuous cohabitation, you will qualify as common-law. And only then you could submit your PR application. Make sure while living together you collect as much proofs as possible like shared lease, bills, credit card/bank acct, etc etc.

Or you could just get married and apply. But if you get married too quickly after meeting in person, it's often seen as a red flag. Best to spend as much time together as possible first.
 

keesio

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LauraLynnR said:
Thanks for these information! I really hope we can find a way cause I've just graduated, we both are young and I don't think they'd give me a work permit with no work experience :(
You can try applying for a student visa to continue your studies in Canada. That way you would be able to reside in Canada during that time you are in school and also establish common-law status with your boyfriend so he can sponsor you (or get married while in Canada).
 

LeisaP

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Rob T.O is correct.
if you can get a visitor visa for 6 months and extend it for another 6 months, you will qualify for common law.
it doesnt matter how or where you live together, as long as you do for 12 consecutive months.
 

keesio

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Rob_TO said:
This is completely wrong info.

You can live together for 12 months any way you can. It doesn't matter if you're here on visitor status or not. So you could very well live here with him for 6 months as a visitor, and then either renew your visitor status for another 6 months here... or have him visit to your home country for 6 months. As long as it all adds up to 12 months continuous cohabitation, you will qualify as common-law. And only then you could submit your PR application. Make sure while living together you collect as much proofs as possible like shared lease, bills, credit card/bank acct, etc etc.
You may be right, but if true, it doesn't make sense to me. When coming as a visitor, I thought that it meant your primary residence would not in Canada?
 

keesio

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LeisaP said:
Rob T.O is correct.
if you can get a visitor visa for 6 months and extend it for another 6 months, you will qualify for common law.
it doesnt matter how or where you live together, as long as you do for 12 consecutive months.
Guess I am wrong. My apologies. But that is good news for you Laura!
 

LauraLynnR

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Rob_TO said:
This is completely wrong info.

You can live together for 12 months any way you can. It doesn't matter if you're here on visitor status or not. So you could very well live here with him for 6 months as a visitor, and then either renew your visitor status for another 6 months here... or have him visit to your home country for 6 months. As long as it all adds up to 12 months continuous cohabitation, you will qualify as common-law. And only then you could submit your PR application. Make sure while living together you collect as much proofs as possible like shared lease, bills, credit card/bank acct, etc etc.

Or you could just get married and apply. But if you get married too quickly after meeting in person, it's often seen as a red flag. Best to spend as much time together as possible first.
Rading your post reassured me a lot! Thanks so much :) We don't want to get married now cause we would like to stay together first, and arrange everything in the best way possible. He's always insisted on getting married as soon as possible, cause he told me "I am ready... no matter if we can stay together just for 6 months, I wanna do it"... but my answer has ever been "I won't get married to you just because you care to have me there as soon as possible. I wanna get married when we won't need to separate anymore".
I wouldn' "force" him to marry me just for that... He told me he would do it cause he loves me first, and I believe him, i'd do it too! But I guess that some people might complain about it saying "You got married too quickly..." and think it's just a fraud like a lot of people do
 

sariss

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If you are able to be here as a visitor for 6 months and extend, use that time to get a LOT of stuff together. CIC wants to know that you guys have an actual relationship. Get a joint bank account (TD will allow non-citizens to have a joint account with a citizen). Get your name on a lease or on bills. Take LOTS of pictures. Document EVERYTHING.
 

keesio

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LauraLynnR said:
Rading your post reassured me a lot! Thanks so much :) We don't want to get married now cause we would like to stay together first, and arrange everything in the best way possible. He's always insisted on getting married as soon as possible, cause he told me "I am ready... no matter if we can stay together just for 6 months, I wanna do it"... but my answer has ever been "I won't get married to you just because you care to have me there as soon as possible. I wanna get married when we won't need to separate anymore".
I wouldn' "force" him to marry me just for that... He told me he would do it cause he loves me first, and I believe him, i'd do it too! But I guess that some people might complain about it saying "You got married too quickly..." and think it's just a fraud like a lot of people do
It is good that you are willing to wait. You are young and also you just met him. Marriage is a big commitment so it is good to take your time if you can (and since you can work towards common-law while here as a visitor, you can take your time). And of course as others mentioned, it looks better to CIC if you didn't rush into marriage.
 

amikety

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sariss said:
If you are able to be here as a visitor for 6 months and extend, use that time to get a LOT of stuff together. CIC wants to know that you guys have an actual relationship. Get a joint bank account (TD will allow non-citizens to have a joint account with a citizen). Get your name on a lease or on bills. Take LOTS of pictures. Document EVERYTHING.
Almost any bank will let her have an account. She may need immigration documents, though. I needed my Visitor's Record. The bank may want proof of legal status in Canada and the Passport stamp doesn't cut it.

I disagree with the doing lots of stuff and taking lots of pictures. If you can't afford it - you can't afford it. Too many pictures only bogs down the application for a visa exempt citizen. No reason to send tons and tons.

OP can try for an IEC visa with Italy when they re-open next year.
 

LauraLynnR

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sariss said:
If you are able to be here as a visitor for 6 months and extend, use that time to get a LOT of stuff together. CIC wants to know that you guys have an actual relationship. Get a joint bank account (TD will allow non-citizens to have a joint account with a citizen). Get your name on a lease or on bills. Take LOTS of pictures. Document EVERYTHING.
We're gonna get ton of pictures! So many that they'll get full of seeing our faces :)
All joking aside, we have plenty of endless conversations, on Facebook, Whatsapp, etc. we have letters we sent us for christmas and just sometimes randomly, and when we're together we will prove it even more. His friends and mine can testify it... plus when he got a bank account, he listed me as one of his beneficiaries... I don't know if it cold works but... step by step I know we can do it,
 

LauraLynnR

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keesio said:
It is good that you are willing to wait. You are young and also you just met him. Marriage is a big commitment so it is good to take your time if you can (and since you can work towards common-law while here as a visitor, you can take your time). And of course as others mentioned, it looks better to CIC if you didn't rush into marriage.
We both took "marriage" into account as a solution... but I refused it. We need to stay together, see if it really can work between us (cause now we love each other, we have ever made a lot of sacrifices, we have projects... but we will be able to see if we can do it during the time i'm there).
I'm sure our relationship is authentic... we've been through a lot of troubles both with mine and his family (they've never seen our relationship as a good thing cause they don't trust us) we've never cheated on each other despite of our distance, and I AM willing to wait all the time we need to make it all our tears and sufference worth. Is not easy to be apart, not one bit... but if it needs to happen, then we'll wait, no matter what :)