Please help: sponsoring process

[Carlos1982]

Hi there. I was requested my passport for visa issuance after almost 2 years of process. I am planning to land in June. I have had a girlfriend for a year and I want to marry her (after landing of course).

I didn't include her in my application because I started my application process before I met her and later when I had already met her, I was advised that it was better to continue my application by myself and then sponsor her. I have a couple of questions:

1.- How long should I stay in Canada, after landing, to come back to my home country and get married? I want to return and get married as soon as possible (hopefully right after getting PR card), but at the same time after an appropriate quantity of weeks/months to start the sponsorship process without any problems or delays.

2. Is it possible that she can come with me at the time of landing (with visa visitor for her) and return to our home country together to get married and then I will return to Canada by myself to start the sponsorship without affecting this process of sponsoring her?

I will appreciate any help of seniors or people who have had this kind of experience.

Thanks so much.

 

[rjessome]

Hi there. I was requested my passport for visa issuance after almost 2 years of process. I am planning to land in June. I have had a girlfriend for a year and I want to marry her (after landing of course).

I didn't include her in my application because I started my application process before I met her and later when I had already met her, I was advised that it was better to continue my application by myself and then sponsor her. I have a couple of questions:

1.- How long should I stay in Canada, after landing, to come back to my home country and get married? I want to return and get married as soon as possible (hopefully right after getting PR card), but at the same time after an appropriate quantity of weeks/months to start the sponsorship process without any problems or delays.

2. Is it possible that she can come with me at the time of landing (with visa visitor for her) and return to our home country together to get married and then I will return to Canada by myself to start the sponsorship without affecting this process of sponsoring her?

I will appreciate any help of seniors or people who have had this kind of experience.

Thanks so much.

Are you in a common-law relationship with your girlfriend? Meaning, have you lived together for 12 consecutive months?

 

[shiftpro]

I believe you need to live in Canada two out of five years in order to maintain your PR status. That would mean after you land you
must stay in Canada for two years before you can leave. I'm sorry this is not what you would like to hear.

 

[rjessome]

I believe you need to live in Canada two out of five years in order to maintain your PR status. That would mean after you land you
must stay in Canada for two years before you can leave. I'm sorry this is not what you would like to hear.

This has nothing to do with his question. He can leave after he lands to marry his girlfriend if he chooses. He doesn't have to stay in Canada for 2 years before he can leave again.

 

[Carlos1982]

I have lived with her for about 9 months now. However I have no proof of that. We don't have bank accounts together or nothing like that. We just shared some bills. For example, I pay internet and she pays electricity bill, that stuff. What is more convenient: to get proof of common-law relationship once we have lived for a year? or just apply like we never have lived together?

 

[chelley]

if it's only been nine months, i don't believe you'll need to hide the fact that you've lived together... just make sure you land well before it hits 12 months otherwise you could/will run into issues...

you should ideally marry her after you land and then apply as an outland married couple, using your previous relationship history (including co-habitation for *about* (less than might be better) 9 months as part of your evidence...

 

[rjessome]

I have lived with her for about 9 months now. However I have no proof of that. We don't have bank accounts together or nothing like that. We just shared some bills. For example, I pay internet and she pays electricity bill, that stuff. What is more convenient: to get proof of common-law relationship once we have lived for a year? or just apply like we never have lived together?

By the time you land in June, you will have lived together for 1 year and she will be considered your common law partner. If you don't declare her, you will never be able to sponsor her. In my opinion, when you reach the one year mark, contact the embassy that issued your visa and advise them that you have a common-law partner. They will cancel your visa and she will have to be added to your application. It could delay your landing by a couple of months but if everything goes well, you could land together and won't have to sponsor her later.

 

[Carlos1982]

I get it. But, what are valid/legal proofs that we have lived together? The only legal proof we have is our apartment rental lease where we appear together as a couple living in that apartment. HOWEVER, this lease started on November 5th 2010.

Therefore, supported by our only legal document to proof our common-law relationship, we ONLY have 2 and half months of common-law relationship, and in June we will have 7 months, is this clear? we don't have any other legal proof of common-law relationship

Please give me your useful opinions. Thanks

 

[bobshynoswife]

Won't it be difficult for the OP to add a common-law partner on his application when he has no proof of living together?

At least getting married after he lands is some type of 'proof' of the relationship. That along with cards, gifts, phone records while he's in canada, emails, photos of their life together before he left his home country, would establish the genuine spousal relationship.

Otherwise he has the burden of proving a common-law realationship with no proof of cohabitation.

Your thoughts on this, rjessome?

 

[chelley]

i'd not suggest lying as further background checks may end up revealing the same address (unless you're confident that you can provide proof that she *didn't* live with you during that time when she wasn't on your lease (i.e. her name on another lease or something, *if* asked))... if they could track it down to her living with you for 12 months or more, when you do go to sponsor her, it may not only result in a refusal, but could result in misrepresentation on your file and you having your PR revoked... I've heard of cases where, when trying to prove their relationship, a couple actually proved they were common law rather than just in a relationship... so it's a fine line and they may decide to dig deeper to make sure you didn't misrepresent...

so your options are as stated below, declaring her as a common law (with proof that you have lived together for 12 months, which as you said, may be tricky, will require a lot of notorized statements from people who have known you to live together, dated bills/bank statements ect that show the same address ect ect ), or landing (well) before June (even temporarily) and proceeding as indicated above...

sounds like the second option may be the one that saves you the most trouble... you could just arrive in canada as soon as you get your ppt back, land/visit for a few days, then return until June, marry and prepare all the paperwork to submit as soon as you officially move... (as a PR, you can't sponsor someone when you yourself are living out of Canada, so unless you have an address to use as your residental address, you will need to wait until you officially move to submit the paperwork)

 

[Carlos1982]

thanks. well in that case, if I have a common-law relationship for less than a year, how should I apply like?

I mean, is a a common-law relationship for less than a year still a a common-law relationship for visa officers? and is this less-than-a-year-common-law-relationship valid to apply for this process?

 

[chelley]

technically no a common law relationship must be for a year and you must demonstrate it as such to qualify (which is the onus on the applicant/sponsor to do, not CIC) ... which means that most likely you would be fine with just not mentioning it and proceeding in June to land and then marry her, sponsor her and go about your life, since you can't easily prove that you lived together...

BUT the fact is that you DID (or at least will have) physically lived together for more than a year (from what you've said at least)... being a new PR who is sponsoring someone quickly after you land might raise a flag for them to investigate the relationship and make sure there is nothing fraudelent there... IF they do that and IF they somehow find out you were infact in a "marriage like relationship" and living together for all extensive purposes, they may deny her, and possibly revoking your PR...

it's your call to make, you seem to be trying to talk yourself in/out of situations, not sure what you can or cannot prove, only you know that, but be careful either way if you choose to misrepresent yourself, it could come back to bite you...

good luck!

 

[Carlos1982]

thank you so much!

 

[rjessome]

Won't it be difficult for the OP to add a common-law partner on his application when he has no proof of living together?
At least getting married after he lands is some type of 'proof' of the relationship. That along with cards, gifts, phone records while he's in canada, emails, photos of their life together before he left his home country, would establish the genuine spousal relationship.
Otherwise he has the burden of proving a common-law realationship with no proof of cohabitation.

The apartment lease is not the only way to provide proof. If the OP lived with his girlfriend in a different apartment prior to Nov/10 they could get a notarized statement from the former landlord if there is no joint lease agreement. They can also provide notarized statements from family and friends regarding when the relationship started and they moved in together. And there are also bills that are sent to the same addresses. They don't have to be joint bills, just normal things like cell phone bills, credit card statements, bank statements, etc. It's the same as addressing the proof portion of the family class application. The list of proof they can provide is LONG as you all know. With common-law relationships you have to prove that you meet the requirements of the definition AND that the relationship is genuine. So it's like getting the sponsorship out of the way now rather than later.

They could also get married now. They would still have to prove that the relationship is genuine but wouldn't have to prove 12 months of cohabitation.

This advice is just to protect the OP from misrepresenting themselves at landing (which could potentially ruin his chances of creating a life for himself and his girlfriend in Canada) and to offer a truly easier alternative to sponsorship. Going about it this way will also reduce the amount of time they are apart. Yes, it's a lot of work on their part now but it's the same as he would have to do if he sponsored her later, after landing and then marriage. It could potentially save a lot of money too. Bottom line is that proof or no proof, if they remain living together, they are in a common-law relationship according to CIC and he WILL be misrepresenting himself if he doesn't declare this when he lands. It's good that he's here asking now to prevent this from happening. Why jeopardize his whole future and his relationship when now he knows how to go about this the right way?

Finally, he could also land BEFORE they have been living together for 12 months. Then there is no misrepresentation on his part and he could go home and continue with his plans to marry and sponsor her.