Sponsoring Common Law

[char1006]

Hi, I am wonder if anyone can help me. I met my partner here in Canada but funnily enough we are from the same hometown in Ireland. We are together nearly two years but as he moved over here before me, his visa expired and he had to return home. We did not live together for 12 months to be consider common law because of the expiration on his visa as we would be still living together otherwise.

He worked in construction and would not have enough points to apply for PR on his own. Has anyone ever heard of a similar situation, if there is any way he can return to Canada? I finally got through to the IRCC but they could not give me an answer. They said we could try apply for common law but it could easily be rejected due to not having the 12 months living together. It would be up to the reviewers discretion.

Is it possible that if I get my PR approved, I can add him onto this? Even though he is currently residing in Ireland? If so, is this a long process to do?

Thanks in advance for any advice.

 

[monkeys89]

Hi, I am wonder if anyone can help me. I met my partner here in Canada but funnily enough we are from the same hometown in Ireland. We are together nearly two years but as he moved over here before me, his visa expired and he had to return home. We did not live together for 12 months to be consider common law because of the expiration on his visa as we would be still living together otherwise.

He worked in construction and would not have enough points to apply for PR on his own. Has anyone ever heard of a similar situation, if there is any way he can return to Canada? I finally got through to the IRCC but they could not give me an answer. They said we could try apply for common law but it could easily be rejected due to not having the 12 months living together. It would be up to the reviewers discretion.

Is it possible that if I get my PR approved, I can add him onto this? Even though he is currently residing in Ireland? If so, is this a long process to do?

Thanks in advance for any advice.

Unless you are married to him, or have cohabitated for 12 months, there is no basis for you to add him to your PR as he is not a spouse. It isn't a case of being "easily rejected," it's a case of being outright ineligible, unfortunately.

He could try to get a tourist visa and enter, then renew, and live with you for 12 months to qualify as common law. But he would not be permitted to work during that 12 months unless he qualified for economic immigration.

At this point your options are:

• Have him qualify for immigration on his own,
• Marry him and either (a) sponsor as your spouse or (b) depending on where your PR application is in its process, add him to your application as a spouse/dependent, or
• Have him enter the country as a tourist and reside with you for 12 months.

If you do marry while your PR application is in process, you must must must inform CIC of your marital change and declare him your spouse. If he is not evaluated as your spouse and you are married, you will be barred from forever sponsoring him as your spouse.