questions about common law sponsorship!

[chongsuk21]

Hi guys i really like this forum , people in this forum, they are the most accurate among different immigration forum and you guys are always positive. anyway, i am new immigrant here , i became pr 3months ago. I have a girl friend in my country. so sadly i left her there and i came here to be pr and to live. I really want her to come over here, but we are not really ready for a mariage. Then we are thinking about a common law sponsorship.
so my questions are
1. is there any difference between a common law sponsorship and spouse sponsorship? ( I already know that we have to live at least 1year to be qualified as " a common law" so beside that any difference?
2. if there is no difference , i wonder that a common law also can get a working permit as spouse sponsorship ,after applying for a pr ,
the spouse can get working permit after certain time.
3. she does not have any visa here, but she has to stay here at least 1year to apply for a pr , is there any way to get a visa?
(we are all from visa exempt country, but we can only get maximum visitor 6months visa)
thank you for reading such a long questions, i talked too much haha thx have a great day guys
4. if i sponsor my common law partener , i will have 3 year commitment , right? but does it mean that i have to meet some kind of minimum income requirement for 3 years? because i am student and i will be student at least for 2 years from now

 

[canadianwoman]

To sponsor your girlfriend as your common-law partner, you two have to live together for one year first. Since she is from a country whose citizens do not need a visa to enter Canada, she can come here as a visitor. If the border agent does not give her less time, she can stay for 6 months. One month before her time is up, she can apply to extend her stay.
Usually people from visa-free countries are let in with no problems, but she must be clear that she is just visiting. She should bring proof of her ties to her home country, and should have a return ticket.
During the year she stays with you, gather proof that you are living together. The main difference between sponsoring your spouse and sponsoring a common-law spouse is that the common-law couple has to prove they did live together for one year. Both couples have to prove their relationship is genuine.
She can apply for an open work permit if she applies for sponsorship inland. Usually applying outland is faster, and for visa-free countries is usually what we recommend.
The three-year commitment means that you agree to support her for three years. The fact that there is no income requirement is just a nice gesture on the part of the government - you do in fact have to provide for her. Once in a while an applicant is rejected because the visa officer does not believe the couple will be able to support themselves. However, really all the three-year commitment means is that if your girlfriend goes on welfare during the three years, you will have to pay the government back.

 

[floomy]

1. VO would check out app from common-law more carefully than app from married couples.

2. she can apply for OWP with inland app or apply for working holiday visa
or apply for work permit with LMIA (a job offer from Canadian company

3 &4 Canadianwoman gave good answer

 

[Buletruck]

Actually, if he's only been here 3 months and suddenly decided to sponsor his "New" wife that wasn't on his application, that would probably raise a whole bunch of red flags too. Being married doesn't necessarily improve your chances. The proof is a long term, exclusive relationship, and being here 3 months and suddenly having a new wife isn't particularly solid proof!

 

[Panamai]

Actually, if he's only been here 3 months and suddenly decided to sponsor his "New" wife that wasn't on his application, that would probably raise a whole bunch of red flags too. Being married doesn't necessarily improve your chances. The proof is a long term, exclusive relationship, and being here 3 months and suddenly having a new wife isn't particularly solid proof!

Not claiming her on his PR app doesn't necessarily mean they haven't been in a long-term relationship. You only claim your partner if you are common-law or already married. If he got married now, I don't see what the issue would be (except for the fact he says they aren't ready for it). OP, my advice is to have your gf come and stay with you for 6 months and then apply for another 6 month extension. After that, you will be common-law and can apply for her PR. Just keep in mind that if you apply outland, she will not be able to work or have health care until she gets PR, so plan accordingly.

 

[Aquakitty]

The working holiday visa would be a good option here, assuming your country has such a programme and she is 30 or under. Take a look at this drop down list: http://www.cic.gc.ca/english/work/iec/ (note, not all countries are on this list, some have seperate programmes. If it's not on there check google).

Since you plan to live together for a year first I don't see how this is going to cause any red flags. In fact it's probably a better choice than getting married right away. Plus she is visa-exempt so that kind of thing is not so suspicious.

 

[Buletruck]

Not claiming her on his PR app doesn't necessarily mean they haven't been in a long-term relationship.

I didn't say that they were not in a long term relationship! I said, having applied for and received his PR as single and then suddenly sponsoring his "New" wife for a PR (as suggested by others)

1. VO would check out app from common-law more carefully than app from married couples.

, who probably wasn't on his original application would be suspicious. They would likely view it as a marriage of convenience, without them having proof of a long term relationship (be it BF/GF, common-law, conjugal, etc.).

 

[floomy]

I would say give some time, if you guys are not rush.
read your another thread and looks like you have to fulfill your military duty back home,
so it might not be bad idea you would sponsor her after your duty.

 

[Rob_TO]

I didn't say that they were not in a long term relationship! I said, having applied for and received his PR as single and then suddenly sponsoring his "New" wife for a PR (as suggested by others) , who probably wasn't on his original application would be suspicious. They would likely view it as a marriage of convenience, without them having proof of a long term relationship (be it BF/GF, common-law, conjugal, etc.).

This is not true at all. Many people come here as PRs, then get married to their long time gf/bf shortly after and apply for their new spouse.

There is no reason at all to indicate a long term bf/gf on your own PR application, unless you are officially common-law or married. As long as they have a normal dating relationship before getting married, that's all that matters. The fact they would be getting married shortly after he became PR, is not relevant at all.

 

[Buletruck]

The fact they would be getting married shortly after he became PR, is not relevant at all.

And once again, no where did I say that they couldn't do it.....

They would likely view it as a marriage of convenience, without them having proof of a long term relationship (be it BF/GF, common-law, conjugal, etc.).

Note how I mention "Proof" of a long term relationship. Nothing about not being able to do it. Just pointing out things that I would look at as suspicious.

 

[Rob_TO]

And once again, no where did I say that they couldn't do it.....

Note how I mention "Proof" of a long term relationship. Nothing about not being able to do it. Just pointing out things that I would look at as suspicious.

This statement of yours is completely wrong:

Actually, if he's only been here 3 months and suddenly decided to sponsor his "New" wife that wasn't on his application, that would probably raise a whole bunch of red flags too.

A long term bf/gf does not need to mentioned on an application. So there is absolutely nothing suspicious nor is it a red flag to marry someone shortly after becoming PR, and then sponsoring them.

The only question a visa officer would raise here, is if they had lived together for 12 months before. The length of time between becoming a PR and then marrying someone, is completely irrelevant.

 

[Buletruck]

This statement of yours is completely wrong:

And that would be your opinion..........

 

[acfajardo]

Not entirely sure about the specific situation you and your girlfriend are in but as the other people mentioned, it would be easier to pursue Spousal Sponsorship instead of Common Law.

Processing Common Law applications take longer since you would really have to prove that you've combined your assets as much as you can and have lived together for at least a year. As per our Immigration Lawyer and a friend who works for CPC-M, this type of application, like Conjugal Partnership is more likely to get rejected since the visa officers will definitely be critical if you really are in a relationship like marriage.

If the relationship is long term and you have indeed co-habitated for at least a year, then by all means you can give this option a shot. Do keep in mind however the lengthy list of evidences you will need to prove your relationship such as joint properties, joint bank accounts, insurances with each other as beneficiaries, shared bills, shared leases, etc.

I know how hard it is to be in a long distance relationship as my partner and I have been this way for 3 years now, so I wish you the best and hope you can be reunited with your loved one soon.

 

[Aquakitty]

They say they aren't ready for marriage, so no point in arguing about that

Since she's visa-exempt the red flags would be pretty much a non-issue either way.

If you go the common-law route, just take care to get a ton of proof to speed your process along. Bills in both your names, leases/rental agreements, joint bank accounts, notarised letters from family and so on.