Sponsoring my UK Common Law Partner, Canadian Citizen living abroad *please help

[Bambi_Girl]

I'm a bit confused to how to proceed with my situation, and would truly appreciate any help or advise you could give me.

My partner and I are both 23. I met him over a year ago (2006) while he was visiting in Toronto, and we fell in love (must be the accent).

He ended up staying an extra six months, and was in Canada a total of one year, possibly a few months more. He did not work, and had his savings. He moved in with me a few months after we started dating, and he was responsible for the domestic duties, while I worked. This way, he contributed to our household while I covered expenses.

(Will this be a problem, that he overstayed his visit? Can this still count towards our common law - time living together? He didn't have a visa or anything during this time.)

I decided to obtiain a working holidaymaker visa through SWAP and live in the UK with him, so we could both work. I have now been living here in England since July 2007, we share expenses, pay bills, etc.

We would like to return to Canada, and are not sure the best way to go about it. Would it be quicker for me to sponsor him from the UK? Am I even allowed to sponsor him from here since I have been working in the UK? (I think I read somewhere that I couldn't) Will it be faster is we are apart? Can he come with me back to Canada, and we submit everything together from there? Is there any way he can work while we wait for his visa to come through?

I think this process should be greatly improved, as the horror stories I hear of people being separated breaks my heart.

Also, any advice on what types of "proof" people have found the best in proving a common law relationship?
I have emails, testaments from both our families, trips we took together, lease, untility bills... no shared bank account though.

Many thanks, I really appreciate it.

Jennifer

 

[PMM]

Re: Sponsoring my UK Common Law Partner, Canadian Citizen living abroad *please

Hi

I'm a bit confused to how to proceed with my situation, and would truly appreciate any help or advise you could give me.

My partner and I are both 23. I met him over a year ago (2006) while he was visiting in Toronto, and we fell in love (must be the accent).

He ended up staying an extra six months, and was in Canada a total of one year, possibly a few months more. He did not work, and had his savings. He moved in with me a few months after we started dating, and he was responsible for the domestic duties, while I worked. This way, he contributed to our household while I covered expenses.

(Will this be a problem, that he overstayed his visit? Can this still count towards our common law - time living together? He didn't have a visa or anything during this time.)

I decided to obtiain a working holidaymaker visa through SWAP and live in the UK with him, so we could both work. I have now been living here in England since July 2007, we share expenses, pay bills, etc.

We would like to return to Canada, and are not sure the best way to go about it. Would it be quicker for me to sponsor him from the UK? Am I even allowed to sponsor him from here since I have been working in the UK? (I think I read somewhere that I couldn't) Will it be faster is we are apart? Can he come with me back to Canada, and we submit everything together from there? Is there any way he can work while we wait for his visa to come through?

I think this process should be greatly improved, as the horror stories I hear of people being separated breaks my heart.

Also, any advice on what types of "proof" people have found the best in proving a common law relationship?
I have emails, testaments from both our families, trips we took together, lease, untility bills... no shared bank account though.

Many thanks, I really appreciate it.

Jennifer

1. If you meet the definition of common/law, cohabited for at least year and you have merged your lives, and can prove it, then as you are a Canadian citizen you can start the sponsorship process while living abroad. See: http://www.cic.gc.ca/english/information/applications/fc.asp
2. You will have to include a statement with the application what your intentions are for returning to Canada, school, work, accommodation once your partner is issued a visa.
3. If you decide both to return to Canada and submit an in-canada spousal application (if he is admitted) then until he receives approval in principle (5/6 months) into the process, he can neither work or attend school. If you apply now, with the completed sponsorship and application to Mississauga, you are looking at about 4-6 months if there are no problems and an interview is required.
4. Read the application, it will tell you the proof and statements that you must submit with a c/law application.

PMM

 

[Bambi_Girl]

PPM, first I have to say that your satus of "hero member" is fabulous!! LOL

I spoke with a lawyer, and he said that most common law cases get denied. We would like to start the process from over here (UK) and also do the up front medical, in hopes of speeding things up, but we are worried we won't get it because of what that agent said. I'm suspicious he was trying to sell himself...

Proof we have

-Emails (since 2006) and photos of when we were in Toronto
-He lived with me for 6 months, but was not on my lease and did not pay rent (he was responsible for domestic duties, how do we prove that??)
-1 year lease in the UK will be exactly 1 year in July 08, and statement from our landlord.
-Utility bills in both our names
-Mail in both our names, and separate mail at same address
-Monthly budgets we have created
-Satements from both our families, friends, and my UK boss
-ticket stubs from trips together, going back to Canada for Chrsitmas with my family

Is this a problem? It was easier for his father to set us up a bank account, so our account is in neither of our names, but both of our pay goes into it, rent comes out of it, we both use it etc...

To prove I will be back in Canada, I have a letter that I have reactivated my university account (I took this year off), I am on a working holidaymaker visa and it expires, I have handed in my resignation at work in the UK, I have an invitation to both of us (both our names) to my friend's wedding this summer, and I have a letter of support from my parents that we can stay with them if we don't find anything.

Honestly, is our case strong enough, or too easy to refuse?
We are both stressed so much by this, and worried about being separated.

Thank you PPM the super hero member!

Jennifer

 

[PMM]

Re: Sponsoring my UK Common Law Partner, Canadian Citizen living abroad *please

Hi

PPM, first I have to say that your satus of "hero member" is fabulous!! LOL

I spoke with a lawyer, and he said that most common law cases get denied. We would like to start the process from over here (UK) and also do the up front medical, in hopes of speeding things up, but we are worried we won't get it because of what that agent said. I'm suspicious he was trying to sell himself...

Proof we have

-Emails (since 2006) and photos of when we were in Toronto
-He lived with me for 6 months, but was not on my lease and did not pay rent (he was responsible for domestic duties, how do we prove that??)
-1 year lease in the UK will be exactly 1 year in July 08, and statement from our landlord.
-Utility bills in both our names
-Mail in both our names, and separate mail at same address
-Monthly budgets we have created
-Satements from both our families, friends, and my UK boss
-ticket stubs from trips together, going back to Canada for Chrsitmas with my family

Is this a problem? It was easier for his father to set us up a bank account, so our account is in neither of our names, but both of our pay goes into it, rent comes out of it, we both use it etc...

To prove I will be back in Canada, I have a letter that I have reactivated my university account (I took this year off), I am on a working holidaymaker visa and it expires, I have handed in my resignation at work in the UK, I have an invitation to both of us (both our names) to my friend's wedding this summer, and I have a letter of support from my parents that we can stay with them if we don't find anything.

Honestly, is our case strong enough, or too easy to refuse?
We are both stressed so much by this, and worried about being separated.

Thank you PPM the super hero member!

Jennifer

It looks like you have covered all the bases, especially where you have statements from family recognizing you as a couple. Actually the lawyer is talking through his hat, well documented c/law relationships and marriages have about the same acceptance rate. Conjugal applications have a very high refusal rate. Just ensure that you follow all the instructions in the sponsorship package/application.

PMM

 

[nicanac]

Hi Bambi girl

how did you get on with your application? Did you start the process?

Nic