SPONSORING SOMEONE WHILE IN CANADA?

[Nataliep123]

Hey guys!
So my boyfriend is from Poland and he's currently in Canada as a visitor. I was looking to sponsor him under common law. What we were told is that he's allowed to stay in the country after we submit the application and he can stay until he gets a reply. Is this true?
Additionally, his sisters wedding is back home this summer and he wants to go. Is he allowed to leave the country and come back while waiting for his PR application to be accepted ?
Thanks for your help!

 

[BethanyM]

Hey guys!
So my boyfriend is from Poland and he's currently in Canada as a visitor. I was looking to sponsor him under common law. What we were told is that he's allowed to stay in the country after we submit the application and he can stay until he gets a reply. Is this true?
Additionally, his sisters wedding is back home this summer and he wants to go. Is he allowed to leave the country and come back while waiting for his PR application to be accepted ?
Thanks for your help!

Yes, you can apply to sponsor your common law spouse while he is visiting in Canada. He can then stay in Canada while the application is being processed.
If you cannot prove that you meet the definition of common law marriage, then your application would be rejected.

Here is the definition of common law for the purposes of a Permanent Resident application:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

 

[profiler]

There is an application class, "Spouse, Common Law, or Conjugal Partner in Canada", that expects he would remain in Canada (except for short trips outside of Canada) until the processing has completed. This class has an Open Work Permit (OWP) that you can apply for that would permit him to remain in Canada up to 2 years that would allow processing to complete. This is a virtually guaranteed permit, providing there is an inland (in Canada) application filed.

That said, have you lived together for 1 year continuously, and you can prove it? If you are working on that, then just before his visitor visa expires, you can apply to extend his stay as a visitor to build that time together. See: http://www.cic.gc.ca/english/visit/extend-stay.asp