Questions about Common-Law Sponsership US>Canada

[textocan]

Hello everyone. Im looking for some information here about Canadian Common-law Sponsership. I'll try to keep it as short to the point as possible.

A little backstory:

I am an American Citizen with a Canadian Girlfriend. I drove from Texas to BC in March of 2013 on a 1 month visitor record stay. Upon immediate arrivial, i applied for a visitor's extension for 15 months for the purpose of meeting the requirements of common-law. I asked for a year to meet the requirements (march '13 to march '14) and an additional 3 months for processing time. I received my reply in july of 2013 and i was accepted for 15 months and I have been cohabitation here with my girlfriend for the whole time. We live on the same property as her parents in our own house, however the house is paid for and is in her parent's name, so there is no rent or utilities paid to anyone but her parents, who cover the bills under their own account, so there is no proof we can use there.

As far as trips.. we did take one trip to canmore, alberta. We have many pictures, a hotel bill, various receipts. We also have a joint checking account in both of our names. But outside of that we really do not have a lot of concrete proof that we have lived together besides pictures. I am wondering what else i can do in the 2 months I have left that i could do before application time comes.

Also: I definitely want to stay in Canada longer, but does common-law, if approved, dictate that i am now a resident of Canada? Will i have to do medical/background checks? Give up my US citizenship/license/SS card, etc. once I do so? I'd like to hear from someone who has completed this process and can tell me exactly what steps are involved once it's time to apply. I definitely want to be with her, but I am a bit scared that once i apply for everything.. if i ever wanted to return back to my home country, i would have a lot of trouble in doing so. Our other option is to have her visit the states after my year is up and spend that year with me and then we can have another year together and decide on which country we would like to settle in.

Also, is it possible to leave Canada while on an approved visitors record, and return? We are wanting to visit the US for 2 weeks while my visitors record is active, but will i have problems in returning to Canada when its time, even though my visitors record is still active?

I realize this is a lot of questions, but im sure there are a lot of people here who have been through this that would be happy to give me advice on what they have been though that could help me with my situation.

Thanks you in advance for any replies, they are appreciated.

 

[Ponga]

Hi, er...Howdy,

I'm sorry to hear that you're from Texas...Just kidding!

I'm also an American and I can help you out a little bit, even though I haven't gone through it yet...I'm in the middle of it though.

Even though your `landlord' is her parents, ask them to write out a letter basically confirming that you both have been living there, as your primary residence, from mm-yy to mm-yy, and have the letter notarized. While you're at it, ask them to also verify your relationship as well, since you will need at least two letters from friends,family, colleagues, etc., as testimonials to your genuine relationship. Remember, that you have to prove that you are cohabitating and you have to prove that you're in a genuine, relationship too. Besides the letters, you'll also want to have things like a joint bank account (which you have), joint life insurance, joint cell bills, credit cards, etc.. Anything that shows a connection to your partner. Pictures, emails, text messages, skype logs, Facebook, blah blah blah...you get the picture.

Now...having your Canadian Permanent Residence will in no way jeopardize your US citizenship, or the ability to `go home'. You do, however, have to live in Canada 730 days out of every 5 years (2 years), but it does not have to be two years all at once. You both could travel back and forth, so long as you know how much time you've spent in Canada to fulfill your residency requirements. You would likely have to exchange your Texas driver license for a Canadian one, I think, but certainly not your SS card. No way!!

If you file an Inland application, you are required to remain in Canada for the duration of the process. Since you have a valid visitor visa, you might consider filing an Outland application (even though you are physically in Canada). An Outland application would give you the ability to travel back to the US, if needed, and is a faster process than an Inland application.

After reading through your post, I'm inclined to suggest that maybe you wait to file, considering that you want to explore the option of her living with you in the US. Be aware that the US Green Card requirements are more strict than Canada's PR (she would need to live in the US 6 months out of the year...every year, as an example).

Whatever you decide, I wish you all the best.

 

[textocan]

I will definitely have her parents write out a letter confirming everything we have done in the year. My only problem with getting everything else as a joint account.. seeing as how i am a visitor here, and work permits can only be granted from out of the country.. I am unable to work while i am here. That means the chief financial support comes from my girlfriend supporting me. That means she would have to pay everything that would could do jointly (cell phone, life insurance, credit cards..etc) and that would be tough on her. Also, with no legal canadian documents, i am rather limited on what i can do here. I cannot apply for a credit card as a US visitor, or anything else that has any legal documentation tagged on to it. Just getting a joint bank account was a lot of work because a lot of the forms did not apply to me, (no SIN, no job, no income..etc) since i am an american living in canada. As far as the other thing, we have loads of dated chat logs, videos, pictures, emails,.. etc.. so i know that will help.

Another question: Right now, i've been here just under 10 months as a visitor only. After the year, I would apply for common-law status between us, and then PR after that? Im a bit confused on the order that everything needs to be done. And what needs to be done at each step. As far as her visiting in the states, its not something we have decided on, but it may be a possibility. Im mostly just trying to clear up what needs to be done before my visitor record expires, if it would even be possible to extend it again, and what step I need to take next.

(Also, i came from Texas, but im originally from Ohio. I knew a lot of Canadians from there, as i was right on Lake Erie.)

Hi, er...Howdy,

I'm sorry to hear that you're from Texas...Just kidding!

I'm also an American and I can help you out a little bit, even though I haven't gone through it yet...I'm in the middle of it though.

Even though your `landlord' is her parents, ask them to write out a letter basically confirming that you both have been living there, as your primary residence, from mm-yy to mm-yy, and have the letter notarized. While you're at it, ask them to also verify your relationship as well, since you will need at least two letters from friends,family, colleagues, etc., as testimonials to your genuine relationship. Remember, that you have to prove that you are cohabitating and you have to prove that you're in a genuine, relationship too. Besides the letters, you'll also want to have things like a joint bank account (which you have), joint life insurance, joint cell bills, credit cards, etc.. Anything that shows a connection to your partner. Pictures, emails, text messages, skype logs, Facebook, blah blah blah...you get the picture.

Now...having your Canadian Permanent Residence will in no way jeopardize your US citizenship, or the ability to `go home'. You do, however, have to live in Canada 730 days out of every 5 years (2 years), but it does not have to be two years all at once. You both could travel back and forth, so long as you know how much time you've spent in Canada to fulfill your residency requirements. You would likely have to exchange your Texas driver license for a Canadian one, I think, but certainly not your SS card. No way!!

If you file an Inland application, you are required to remain in Canada for the duration of the process. Since you have a valid visitor visa, you might consider filing an Outland application (even though you are physically in Canada). An Outland application would give you the ability to travel back to the US, if needed, and is a faster process than an Inland application.

After reading through your post, I'm inclined to suggest that maybe you wait to file, considering that you want to explore the option of her living with you in the US. Be aware that the US Green Card requirements are more strict than Canada's PR (she would need to live in the US 6 months out of the year...every year, as an example).

Whatever you decide, I wish you all the best.

 

[Ponga]

I hear ya...the work permit issue is painful for most of us!!

Sorry, I meant to say that you can be added to any cards/accounts that she has as an authorized user...not applying for new cards/accounts (although the cell bill should be quite easy).

If you apply Inland, and include an Open Work Permit (OWP) with your application, you would receive the work permit after she has been approved as your sponsor, which would be ~ 10-11 months based on the current processing times. It's possible that the entire process would be complete if you apply Outland. Once you have your PR, there's no need for a work permit, so you could work right away. It seems like it would be about the same time frame; A year before you could work.

You apply for PR and use your common-law status to make you eligible to apply. It's only one process, not two.

If you do apply Inland and include the OWP, you would have implied status after your visitor record expires, which allows you to stay in Canada (legally) while you wait...and wait...and wait.

If I may ask, how have you been contributing financially while you're in Canada. Please don't say that you've been `working under the table', as that would be a real problem!

*EDIT* Also, since you would not have been common-law for 2 years or more when you apply, your PR would be conditional. You can search the forum here to find out what the differences are between conditional and full PR (nothing crazy).

 

[textocan]

I hear ya...the work permit issue is painful for most of us!!

Sorry, I meant to say that you can be added to any cards/accounts that she has as an authorized user...not applying for new cards/accounts (although the cell bill should be quite easy).

If you apply Inland, and include an Open Work Permit (OWP) with your application, you would receive the work permit after she has been approved as your sponsor, which would be ~ 10-11 months based on the current processing times. It's possible that the entire process would be complete if you apply Outland. Once you have your PR, there's no need for a work permit, so you could work right away. It seems like it would be about the same time frame; A year before you could work.

You apply for PR and use your common-law status to make you eligible to apply. It's only one process, not two.

If you do apply Inland and include the OWP, you would have implied status after your visitor record expires, which allows you to stay in Canada (legally) while you wait...and wait...and wait.

If I may ask, how have you been contributing financially while you're in Canada. Please don't say that you've been `working under the table', as that would be a real problem!

Ahh, yes. I can be added to her cellphone bill as we have talked about that in the past. She also has two credit cards in which im in the process of having my name added too.

So if i understand correctly. After i've been here a year, I can then apply for PR AND Common-law at the very same time? Do i not have to prove that we are common-law before PR?

Im just wondering because i read:

A permanent resident is someone who has been given permanent resident status by immigrating to Canada, but is not a Canadian citizen. Permanent residents are citizens of other countries.
A person in Canada temporarily, like a student or foreign worker, is not a permanent resident.

Would i not be in Canada temporarily now as a visitor? I have not immigrated yet, as im still classified a visitor. Is it possible to go from visitor > PR/Common law all in one step? This step confuses me the most. As im sure there are requirements to apply for PR first.

When you say 'apply inland and include the OWP' do you mean applying for common-law? Because if i read what you said correctly, i would not need a work permit if i were applying for PR.

As far as financially, I obviously am not allowed to work here and would never do so. When I applied to extend my visit for common-law of living together for a year, My girlfriend and her parents both signed forms stating that they were responsible for all of my financial needs while i was here and that i would have no debts to pay, therefore satisfying CIC that i have no need for money or to work. I also entered the country with quite a bit of US funds to support myself while i am here as well.

I cant thank you enough for all of the light you have shed on this subject. Im sorry to ask so many questions, but you have been a wonderful help so far! I truly appreciate it!

 

[Ponga]

I'm happy to share what I've learned by stumbling through this process myself.

Yes. After you have been living with her for one year, you can apply for PR under Spousal (common-law) sponsorship.

You are using your common-law relationship as your way to achieve PR. That's why it's a common-law sponsorship application.

Since you knew that you were coming to Canada as a `visitor', but were really here to start the 12 month cohabitation clock, yes...you can apply. Ironically, the majority applying for PR from within Canada are `technically' visiting, since they cannot legally live in Canada, until they have PR.

The only way that you would be allowed to work in Canada before you receive your PR, would be to apply for an OWP. This is known as AIP, or Approval In Principle, where the sponsor has been approved to sponsor you. It is only after having AIP that CIC (Citizenship and Immigration Canada) would process your OWP application. Without AIP, you can not work in Canada under this sponsorship program. You are not eligible for the OWP until your sponsor has been approved, but you can still include it with your sponsorship application (at the same time, in a separate envelope within the bigger envelope). It's recommended that you write (by hand) OWP WITH IN-CANADA SPONSORSHIP APPLICATION. PROCESS AFTER AIP. This way, CIC wouldn't process it before your gf has AIP.

Try to combine Common-law and PR together in your mind.
The approval process is two parts. AIP (stage 1 of 2) and approval of you as an applicant (stage 2 of 2). The AIP criteria is pretty minimal. The stage 2 is more rigorous as that's typically where they assess you (including your criminal, security, medical issues, if any) and the genuineness of your common-law relationship.

Good luck!

 

[BeShoo]

You don't "apply" for common law. "Common law" means it's something that happens by tradition without any paperwork or legal proceedings. Once you've lived together for one continuous year in a marriage-like relationship, you are automatically common-law partners, without any kind of formalities.

Once you have this status, your partner is able to sponsor you for PR, so yes, you have to achieve common-law status before applying. (There is also a "conjugal partner" status that is possible, but generally only if it is impossible to live together for one year.)

You have to be approved as a PR and "landed" (to use the old term) before you can apply for a driver's license, health card, SIN card, etc.

You have to live with your partner for some time (without getting into details) before you are eligible to apply for Canadian citizenship. Technically, the U.S. would prefer that you don't have dual citizenship, but in practice, they don't care, so you do not have to renounce your U.S. citizenship and Canada also permits dual citizenship.

 

[Ponga]

You have to be approved as a PR and "landed" (to use the old term) before you can apply for a driver's license, health card, SIN card, etc.

You have to live with your partner for some time (without getting into details) before you are eligible to apply for Canadian citizenship. Technically, the U.S. would prefer that you don't have dual citizenship, but in practice, they don't care, so you do not have to renounce your U.S. citizenship and Canada also permits dual citizenship.

It's a bit different [apparently] in BC. You can exchange your US driver license for a BC license after you have your OWP, so you don't need to wait until you have your PR. Also, medical is available 3 months after CIC receives the sponsorship application.

http://www.health.gov.bc.ca/msp/infoben/pdf/covering-a-spouse-or-child-who-is-an-applicant-for-permanent-resident-status-in-canada.pdf
(see top of page 2- When does coverage begin?)

Canadian PR does not require that you ever become a citizen of Canada.

 

[canuck_in_uk]

So if i understand correctly. After i've been here a year, I can then apply for PR AND Common-law at the very same time? Do i not have to prove that we are common-law before PR?

As Beshoo said above, you don't apply to become common-law. You live together as a couple continuously for a year and then you are automatically classed as common-law. If you arrived and started living together March 1st, 2013, you will be common-law March 1st, 2014.

Judging by some of your confusion regarding the process, I would guess that you haven't really looked at the actual application very much. I strongly suggest you and your partner read this first post here by Leon http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html and then go through everything here http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp. Read the guides, look at the checklists, go through all of the different forms; it is a lot of information, so it's best to start learning it ahead of time.

 

[BeShoo]

Canadian PR does not require that you ever become a citizen of Canada.

This is true. My main point was that citizenship is a later step after you get PR. The original post seemed confused about PR and citizenship.

That's very interesting information about BC. Of course every province can differ on provincial matters. I will write on this again when I wake up. Bed time for me.

 

[QuebecOkie]

As canuck_in_uk suggested, doing a bit of reading about the process is a great first step for you now.

The basics: after living together one full year, you are automatically considered common-law. You wish to apply for permanent residency (PR), which allows you to live and work in Canada and requires that you reside in Canada for at least two years out of every past five years. Citizenship can only be applied for after 3 years of permanent residency (some of your time here before getting PR may count toward that three year requirement, at a rate of a half day for each day spent here prior to becoming a PR). To apply for permanent residency through family class sponsorship (which is what you want to do), you must be married, common-law, or apply as conjugal partners (ONLY for people who are absolutely unable to either get married or cohabit for a year - hardest one to get approved, and pretty much doesn't apply to U.S./Canadian couples, as marriage is always an option and we're allowed to pretty freely visit each other's countries). You will be applying as common-law. That means the burden of proof is on you and your girlfriend to show that you have been cohabiting for at least one full year at the time you submit your sponsorship (girlfriend) and permanent residency (you) applications (the sponsorship and PR apps must be sent together). You've received some good advice here on how to document that you've lived together a year.

Before applying, you REALLY need to do some reading and familiarize yourself with your options and the process. Yes, you will have to do a medical exam and request a background check from the FBI. The FBI check seems to be taking around 9-10 weeks now, and CIC must receive that document (as part of your application package) within three months of the date it was issued, so you need to think proactively about when you expect to have your application ready to go, and request the FBI certificate (called "police certificate" by CIC, as the agency varies by country) early enough to include it in your completed packet, but not so far ahead of time that it's more than three months old when CIC gets it. Also, your medical exam is only good for one year after the date of the exam, so you'll want to time that carefully, too, and do the exam as close as possible to when you'll be sending in your app (CIC *can* choose to extend the medical beyond the year, but you can't count on that).

The big decision will be whether to apply inland or outland. Both are fine in your situation (you *can* file an "outland" application while staying with your spouse/partner in Canada). There are some differences in which forms you will use, and some differences in processing and rules.

Inland Application
Major Pro: you can submit a request for OWP (open work permit) with your application. That will give you "implied status," meaning you do not have to continue to keep your visitor status up to date with extension requests. Also, this means that after stage one approval, known as AIP (application in principal), you will have your OWP and will be able to work in Canada. (Just FYI, after you receive AIP, you then have to wait for stage two approval, or DM -decision made- and then you have to wait to land. DM can happen immediately following AIP, or it may be a wait of up to another 8 months or so. The timing for receiving your landing date also varies greatly. There's no way of knowing your timeline for sure.)
Major Cons: it is "recommended" that you stay within Canada for the duration of your application, which is likely to be one to two years. If you leave Canada for any reason and are denied re-entry to Canada upon your return, your application is considered abandoned and you must start over again from the beginning. (As a visa-exempt U.S. citizen, is it likely you'll be denied entry? Probably not "likely," but it has happened. You have to decide how risk-adverse you are.) You cannot just "flagpole" to land (land = complete the process and officially become a PR, flagpole = drive to the nearest border at your convenience to land). You must wait for a letter from your local office in which they assign you a landing date. This time varies GREATLY between the different offices. Some wait 6 months or more to land (on top of the the 11-ish months for stage one and the months after that for stage two). I was lucky and landed a month and 11 days after I received DM, but many have a much longer wait.

Outland Application (for U.S. citizens)
Major Pros : TIMELINE! Processing time is usually shorter. Many outland applications are fully completed before inland applicants have received AIP, which nullifies the benefit of inland applicants being able to work after receiving an OWP. You can travel more freely. It doesn't lessen your risk of being denied re-entry to Canada, but IF you are denied, your application continues to be processed. Also, you can "flagpole" to land at your convenience (or plan at trip to the US and land on the way back in), instead of waiting for a letter from your local office to land, as inland applicants have to.
Major Con: cannot apply for OWP with outland application, so you cannot work until you land and become a PR. Again, not always a drawback if your full app is processed in less time than stage one approval would have taken with an inland app. Another con, you have to keep your visitor status current and apply for extensions as needed, since you cannot apply for OWP and cannot get implied status.

I applied inland, but only due to ignorance. I'm happy to be done with the process now, but if I had to start all over again, I'd definitely go outland. I went a year and a half without seeing my family, and I wouldn't want to do that again.