Sponsoring Common Law Partner from Hong Kong (Living in Canada)

[ChrisCK]

Hello,

I've used the search function extensively and have gained a wealth of information from reading many posts over the past hour. I would like to get some of your opinions before I begin this process.

My girlfriend (Canadian Citizen) and I (Hong Kong SAR) have been living together consecutively for the past 13 months in Canada. We have been in a relationship for almost 5 years. I have just finished my undergraduate studies as an international student in Canada and she would like to sponsor me for PR through common law. My study permit expires in 3 months and I have the opportunity to apply for the Post-Graduate Work Permit as well.

My plan was to apply for both the PGWP and PR so I can have the ability to live and work in Canada for the next year, while the PR application is processing. My PGWP would be valid for exactly one year.

And here are a few of my questions.

1. Am I right in assuming I can apply for both the PGWP and PR?
2. Can I apply for the common law sponsorship via outland process? Or must I apply inland because our cohabitation was in Canada.
3. I own a business that may require my time in Hong Kong for the next 2-3 months. She will not come with me. If I were to go, how will this affect my common law cohabitation (for CIC), PGWP and PR application?

I appreciate your time in reading my post.

Cheers!

 

[MilesAway]

1: Yes, you can apply for both, as they are completely separate applications.

2: You can apply outland, even if you live in Canada.

3: If you have already reached common-law status, then that break will have no effect. If you plan on leaving Canada, do NOT apply inland. It is a requirement of inland applications to be in Canada with their spouse.

 

[ChrisCK]

Seeking some advice for Common Law

Oct 02 - Sent in PR application for Common Law
Oct 06 - Canada Post tracking shows received
Dec 12 - Called to enquire. Told us we should have received an email saying additional documents requested. (We didn't receive it, they got our email address wrong.)
Jan 02 - Called again to follow up, because we still hadn't received any word (email or mail). Agent told us to keep waiting.
Jan 21 - Finally we received a letter in the mail asking for more proof of relationship.

Here is a snippet of the letter:

Your application is incomplete; you will find the details of the item(s) that are missing from this application below:

• The Principal Applicant must provide a copy of their civil status document in support of their relationship to the sponsor, such as a copy of their marriage certificate, proof of co-habitation, or any other official document confirming their relationship status. In addition, the Principal Applicant must provide supporting documentation attesting to the continuing and genuine relationship with the sponsor such as wedding photos, letters, cards, telephone bills, airline tickets, entry/exit passport stamps.

We've been dating for 5 years and have been living together on-and-off due to work and immigration status. We did live together for 13 consecutive months from Aug 2013 - Sept 2014, without a break in between. This is the basis of our Common Law co-habitation and we applied for PR Sponsorship in Oct 2014.

And here is what we sent in for the application:

• First 6 Months Rental Agreement (open-ended with agreed month-to-month afterwards)
• 12 Months of Hydro, Cable, Telephone, VISA bills (both names, same address)
• BC Driver's License (same addresses)
• Car Insurance Bills (same addresses)
• Bank Statements
• Airline Tickets
• Travel photos
• Letters, cards

The proof of relationship was spread out over Question 9 (Describe your relationship) and Question 20 (Are you Common Law), as well as some appendices (airline tickets etc.).

We're not sure what they are asking for since we feel we had already given them many many things that show our relationship.

Would any of you have any advice for us? How obvious do we need to spell it out, and would you recommend we annotate the evidence, submit an accompanying letter etc. I feel like this generic response is not clearly telling us what we are missing. The phone agents do not help either. We're wondering if we need to send in everything again, this time with annotations.. or.. did they miss the proof we sent earlier? Very confused. :-[

Another forum member mentioned they flag applications where couples are no longer living together during the processing time of the application. We cohabited from Aug 2013 - Sept 2014 when I was in school, I left Canada because my student permit was expiring in Nov 2014 (I graduated) and also, because I own a business overseas (started many years ago) and had obligations to run it. I did not want to overstay my student permit, and we did send in the application after one year of living together. I haven't been back to Canada since Sept 2014, however my partner has come to visit me for 10 days in Dec 2014, and I have also booked a month-long trip to Canada in Feb 2015 to visit her.

Have we broken the cohabitation necessary for common law, if at the time the application was sent in, we were living together for 13 months? I wasn't even sure if I was allowed to stay/reside in Canada. And I preferred not to bum around workless for 6-months on a visitor permit, leave and come back, to wait for the application to process.

Any advice is greatly appreciated!

 

[surleplateau]

If you check the country-specific guide for the applicant [link here: http://www.cic.gc.ca/english/information/applications/fc.asp], it states the kind of evidence they would like to see:

12.
PROOF OF RELATIONSHIP TO SPONSOR

If you are being sponsored by your spouse, common-law partner or conjugal partner, you must
send evidence of the relationship between you and your sponsor such as:
• wedding/engagement photos and/or photos of outings;
• letters between you and your sponsor (including postmarked envelopes);
• printed e-mails, chat records or telephone bills;
• proof of your sponsor's visits such as airline ticket coupons, used boarding passes, complete photocopy of all pages of your sponsor's passport;
• proof of financial support from your sponsor; and
• any other documents that you feel would demonstrate your relationship to your sponsor.

If you are being sponsored by your parent, you must include evidence of the relationship between
you and your sponsor such as:
• photos showing you and your sponsor together over time;
• letters between you and your sponsor (including postmarked envelopes);
• printed e-mails, chat records or telephone bills;
• proof of your sponsor's visits such as airline ticket coupons, used boarding passes, complete
photocopy of all pages of your sponsor's passport;
• proof of financial support from your sponsor; and
• any other documents that you feel would demonstrate your relationship to your sponsor

Photos must be loose. Do not send them in binders, albums, frames or other such containers. Do
not send video discs or video cassettes. Do not send musical greeting cards or other similar
documents containing electronic or mechanical devices.

Note:
The sponsor and the applicant who are common law or conjugal partners must provide historical evidence of their ongoing relationship.
If they are in a relationship of two years or less and have no children together, the applicant will receive conditional permanent resident status, if the application is approved.

Did your Canadian partner remember to file her taxes as common-law (and not single) for the appropriate years?

Can you guys fill out a Declaration of Common-Law Union (must be signed by both parties in front of a commissioner of oaths (cheaper, at city hall or at a Canadian consulate) or notary).

If your evidence in your original application was spread out between several different documents, I suggest you send back a "Proof of Relationship to Sponsor" packet that includes as much as you can from the list above, even if it's been sent before as an attached note to a different form with your original application. If your "Proof of Relationship to Sponsor" was flimsy because some of the evidence they would like to see was attached to a different document and not to the actual "Proof of Relationship" then it may have been overlooked because it wasn't where they expected the evidence to be, and considering how many applications they go through...

Oh, and besides showing 12 continuous months of cohabitation, you have to show proof beyond that period that you guys have been in a genuine relationship, so I hope your evidence didn't start and stop with just the cohabitation period. There is evidence that you guys have achieved the cohabitation requirement for common-law, and then there is separate evidence that you guys have been in a genuine, ongoing relationship beyond those 12 months.

I made a cover sheet for my "Proof of Relationship to Sponsor" that gave a "table of contents" of the kinds of proof I was submitting. I'm still crossing my fingers and waiting for the results, so that's just my two cents of what I've learned from following this forum for a while.

The break in cohabitation doesn't change the fact that you guys are common-law unless one of you decides to break up the relationship. I don't know if it raises any flags, but at this point, it's kind of a done deal, so I wouldn't worry about it. Provide the evidence they would like to see, to the best of your understanding and ability.

Just my two cents. I hope it helps, and I hope a more senior forum member will have better advice for you!