Sponsorship questions

[mrsTF]

Hi,
So here is my history:
I am Romanian citizen, also Canadian citizen since 2007.
Been in a relationship with a Romanian citizen since December 2019. We have been living together under the same roof since then, with 6 months being apart.
So we met in December 2019 in Romania, i came back to Canada, then i went back in march 2020, covid caught me there and we lived since march 2020 until September 2021 on a rental apartment, then i came back in Canada for 6 months, by myself (my DL, health card expired, so i needed to renew) meanwhile he stayed in Romania, then in march 2022 i went back to Romania, and finally he came back with me in Canada, as a tourist, in June 2022. We both left Canada in December 2022, at this moment we are in Romania, and planning to go in Canada around march 2023.
He has an eTA, valid until 2026.

I see on the IMM site that for inland the average processing time is 14 months, and outland is 18 months.
Now i want to sponsor him while he is in Canada, and i have several questions.
Our relationship is genuine, and I would apply under common-law category.
Other than photos, we don't have any other proof. The rental apartment in Romania was under his name, he paid utilities, rent, etc. I just withdraw money from my Canadian account and paid for food, gas, or whatever expenses. I don't know how to bring proof that we were under the same roof, as i am not resident of Romania.
I cannot bring any proof either for expenses in Canada, as he was a tourist only, and we cannot have any joint account in Canada, and i paid for rent, utilities etc.
So what is there to provide? I have thousands of photos from our time together, and looking at them, you can see that is a genuine thing we have, but will that be enough?
Now, if we come back in Canada and i apply to sponsor him, what about residence permit? I know part of the fees i will pay to Imm is for residence right. He would like to work, legally, 14 months of sitting home not very appealing. So how does this work? He will get a letter with the PR right on the mail?
His eTA is valid for 6 months. Can we apply for extension when we apply for sponsorship?
What about the biometrics/medical examination? If he is in Canada, does he need to go back to Romania to the embassy in order to provide biometrics and medical test results? Can we do these while we are here in Romania at the embassy somehow?
Also, while he is staying and waiting for the resolution, he cannot leave Canada for more than 2 weeks at a time. What if something happens with his parents?
I am not sure how to start this and how the timeline is, i am confused about the procedure.
If someone went thru the same type of events, please share
Thanks a lot!
Stefania

 

[scylla]

Hi,
So here is my history:
I am Romanian citizen, also Canadian citizen since 2007.
Been in a relationship with a Romanian citizen since December 2019. We have been living together under the same roof since then, with 6 months being apart.
So we met in December 2019 in Romania, i came back to Canada, then i went back in march 2020, covid caught me there and we lived since march 2020 until September 2021 on a rental apartment, then i came back in Canada for 6 months, by myself (my DL, health card expired, so i needed to renew) meanwhile he stayed in Romania, then in march 2022 i went back to Romania, and finally he came back with me in Canada, as a tourist, in June 2022. We both left Canada in December 2022, at this moment we are in Romania, and planning to go in Canada around march 2023.
He has an eTA, valid until 2026.

I see on the IMM site that for inland the average processing time is 14 months, and outland is 18 months.
Now i want to sponsor him while he is in Canada, and i have several questions.
Our relationship is genuine, and I would apply under common-law category.
Other than photos, we don't have any other proof. The rental apartment in Romania was under his name, he paid utilities, rent, etc. I just withdraw money from my Canadian account and paid for food, gas, or whatever expenses. I don't know how to bring proof that we were under the same roof, as i am not resident of Romania.
I cannot bring any proof either for expenses in Canada, as he was a tourist only, and we cannot have any joint account in Canada, and i paid for rent, utilities etc.
So what is there to provide? I have thousands of photos from our time together, and looking at them, you can see that is a genuine thing we have, but will that be enough?
Now, if we come back in Canada and i apply to sponsor him, what about residence permit? I know part of the fees i will pay to Imm is for residence right. He would like to work, legally, 14 months of sitting home not very appealing. So how does this work? He will get a letter with the PR right on the mail?
His eTA is valid for 6 months. Can we apply for extension when we apply for sponsorship?
What about the biometrics/medical examination? If he is in Canada, does he need to go back to Romania to the embassy in order to provide biometrics and medical test results? Can we do these while we are here in Romania at the embassy somehow?
Also, while he is staying and waiting for the resolution, he cannot leave Canada for more than 2 weeks at a time. What if something happens with his parents?
I am not sure how to start this and how the timeline is, i am confused about the procedure.
If someone went thru the same type of events, please share
Thanks a lot!
Stefania

So I think there's a main issue that needs to be tackled now before the rest of your questions. You need evidence of the year of continuous cohabitation in order to be approved. Photos won't do it and won't be of any help at all. All photos do is prove that you are in a relationship, they don't prove common law. You need hard evidence that you have cohabitated together for a year continuously. Are you really sure you have nothing at all that proves common law status?

 

[Ponga]

So I think there's a main issue that needs to be tackled now before the rest of your questions. You need evidence of the year of continuous cohabitation in order to be approved. Photos won't do it and won't be of any help at all. All photos do is prove that you are in a relationship, they don't prove common law. You need hard evidence that you have cohabitated together for a year continuously. Are you really sure you have nothing at all that proves common law status?

I'm not sure that photos would prove they are in a relationship. only that they were standing in that spot when the photo was taken. LOL!

I agree that it sounds like it may be difficult for the OP to prove common-law status.

 

[mrsTF]

Yeah, i know how it sounds from outside, but think of it..i mean, if neither one of us has a proper residency status in the other residency country, how can we prove this? Indeed, the first 3-4 months of our cohabitation in Romania was only a relationship, but after we saw that we are good together, we decided that we want to be a couple. I was a visitor in Romania and he was a visitor in Canada, and as visitor you cannot open any bank account, or have joint bills, it seems like a catch 22..
I paid for flights within Europe, for both of us, when we went on trips, i paid for the flights from Romania to Canada and from Canada to Romania, that is the only thing i can think of, not sure if it counts (even if from outside it can look like i was just paying for flights and nothing more )..
I didn't think of it, again, because he was just a visitor to Canada between june and december 2022, if i would had put him on my rental agreement would that have helped? It passed thru my mind, but i thought, again, as visitor, doesn't make any sense to have him on my lease..I can put him now, when we go back, but it doesn't match the timeline, too late for the purpose :\
Oh, i have put him last year (final of 2020) on my work insurance and on my RRSP as beneficiary if something happens to me, would that do it?
I can get letter from friends from Romania who can vouch that we lived at the same address for a year and a half (march 2020 to september 2021), and we behaved like a couple, hoping that would do it?

 

[scylla]

Yeah, i know how it sounds from outside, but think of it..i mean, if neither one of us has a proper residency status in the other residency country, how can we prove this? Indeed, the first 3-4 months of our cohabitation in Romania was only a relationship, but after we saw that we are good together, we decided that we want to be a couple. I was a visitor in Romania and he was a visitor in Canada, and as visitor you cannot open any bank account, or have joint bills, it seems like a catch 22..
I paid for flights within Europe, for both of us, when we went on trips, i paid for the flights from Romania to Canada and from Canada to Romania, that is the only thing i can think of, not sure if it counts (even if from outside it can look like i was just paying for flights and nothing more )..
I didn't think of it, again, because he was just a visitor to Canada between june and december 2022, if i would had put him on my rental agreement would that have helped? It passed thru my mind, but i thought, again, as visitor, doesn't make any sense to have him on my lease..I can put him now, when we go back, but it doesn't match the timeline, too late for the purpose :\
Oh, i have put him last year (final of 2020) on my work insurance and on my RRSP as beneficiary if something happens to me, would that do it?
I can get letter from friends from Romania who can vouch that we lived at the same address for a year and a half (march 2020 to september 2021), and we behaved like a couple, hoping that would do it?

- The flights aren't proof of cohabitation.
- Yes, putting him on your rental agreement would have helped. I would do that now even though it's late. Is your landlord willing to give you a letter stating that you have lived together at that location in Canada since arriving? Same question for your landlord in Romania.
- Yes, it's helpful that you listed him as your beneficiary on the work insurance / RRSP.
- It generally is possible to get a joint bank account, even as a visitor. Have you tried that? Same for the joint bills. You can normally find ways to add another name.
- Overall, it feels like you are thin on evidence to prove common law. Do you have any plans to get married?

 

[mrsTF]

Scylla,
I don't want to get married, I have been married twice, and i swore to myself i won't get married again. I don't know how this one is gonna be, i really hope the third (relationship that is ) is the charm, but it's complicated to get married and even more complicated to get divorced. I just want to be living as a common law, i saw that a paper is not a proof that a relationship would last.
I did not try to have him on a bank account, i did not go to a bank, i just tried online and i saw that they are asking for SIN, and you don't get a SIN until you don't have a PR permit, so again a catch 22.
Yes, i think i can get my landord to put him now on the lease, i don't think that will be a problem, for Canada and Romania.
The only bill i pay is the internet, everything else is included on my rental amount, so there aren't many utilities to pay . When he came here, i wanted to put him on the car insurance, as he planned to drive my car, they said, nono, no need, if he has an accident is as you had so nothing there either.

 

[armoured]

Our relationship is genuine, and I would apply under common-law category.
Other than photos, we don't have any other proof.

Get married.

 

[mrsTF]

Get married.

See above

 

[scylla]

Scylla,
I don't want to get married, I have been married twice, and i swore to myself i won't get married again. I don't know how this one is gonna be, i really hope the third (relationship that is ) is the charm, but it's complicated to get married and even more complicated to get divorced. I just want to be living as a common law, i saw that a paper is not a proof that a relationship would last.
I did not try to have him on a bank account, i did not go to a bank, i just tried online and i saw that they are asking for SIN, and you don't get a SIN until you don't have a PR permit, so again a catch 22.
Yes, i think i can get my landord to put him now on the lease, i don't think that will be a problem, for Canada and Romania.
The only bill i pay is the internet, everything else is included on my rental amount, so there aren't many utilities to pay . When he came here, i wanted to put him on the car insurance, as he planned to drive my car, they said, nono, no need, if he has an accident is as you had so nothing there either.

It still feels like you are thin on evidence for common law. Can you provide a concise list of what you have or what you think you can get? It's hard to pick this out of your posts. Keep in mind that you need to show one year of CONTINUOUS cohabitation (that means without breaks). This means that you either need to have evidence to cover at least one year from the March 2020 to September 2021 period OR you need to have evidence from March 2022 to March 2023. This is "make it or break it" for your application. If you don't have evidence to prove one year of continuous cohabitation, the application will be refused.

The list should look something like this:

- Affidavit from landlord in Canada stating that you lived together at this address from x to x date
- Affidavit from landlord in Romania stating that you lived together at this address from x to x date
- Change to joint lease (this will only cover you going forward so it's not good as historical proof)
- Try to set up a joint bank account and joint utilities (again, this will only cover you going forward and is no good for historical periods)
- etc.

 

[Ponga]

You've been given good advice from members here that, while unable to predict what IRCC will do, can give you feedback on how weak your case appears to be, based on your cohabiting evidence (or lack thereof).

 

[mrsTF]

Ok, so i can get an affidavit from landlord in Romania that we lived at the same address from march 2020 to september 2021.
I can try change the lease, but not sure the landlord would accept someone who has no resident status in Canada.
Proof that he is my beneficiary on my RRSP and benefits at work if something happens to me.
I can get an affidavit that we lived together from June 2022 (this is when we came back in Canada) to June 2023, but that means to start the application later on, so more "wasted time" (and him not being able to have a legal status, hence to work legally).

 

[Ponga]

Ok, so i can get an affidavit from landlord in Romania that we lived at the same address from march 2020 to september 2021.
I can try change the lease, but not sure the landlord would accept someone who has no resident status in Canada.
Proof that he is my beneficiary on my RRSP and benefits at work if something happens to me.
I can get an affidavit that we lived together from June 2022 (this is when we came back in Canada) to June 2023, but that means to start the application later on, so more "wasted time" (and him not being able to have a legal status, hence to work legally).

He can work remotely for a person, or company that is outside of Canada, without needing a work permit. The person or company cannot have a presence in Canada (meaning also having an office, or division in Canada) and he must be remunerated from outside Canada as well.

 

[scylla]

Ok, so i can get an affidavit from landlord in Romania that we lived at the same address from march 2020 to september 2021.
I can try change the lease, but not sure the landlord would accept someone who has no resident status in Canada.
Proof that he is my beneficiary on my RRSP and benefits at work if something happens to me.
I can get an affidavit that we lived together from June 2022 (this is when we came back in Canada) to June 2023, but that means to start the application later on, so more "wasted time" (and him not being able to have a legal status, hence to work legally).

Which period are you going to use to prove common law? You want to pick one and have strong evidence for that one. If all you have is the affidavit for the March 2020 to September 2021 period, that's the wrong period of time to pick and you should go with the more recent one (the one that started after you lived apart for six months). Start by deciding which time period you are going to use to prove you are common law (based on the strength of the evidence available for that time period). It honestly feels like you are all over the place right now.

 

[mrsTF]

Yes, i know that it's what it seems, that i am all over, this is why i started this thread, because i am confused and i don't know how to move forward with this
And i thank you people for pointing this out to me, as it feels like i am biting my tail..
Ok, so i should somehow forget about march 2020 to september 2021 (though on imm forms i have to provide exact dates when we were together since our relationship started, so i cannot really forget about that period ) and focus on june 2022-june 2023. March was the month when i went back to Romania, stayed there until June so cohabitation in Canada started in June 2022.
So that means that i can apply after june 2023, when a full year has passed and i can provide the above mentioned affidavit. I am right now on hold with Simplii bank, to see if i can add him to my bank account.
So hopefully by that time i will have affidavit from my landlord, beneficiary on my RRSP (i can do a will if that helps), i will try for the lease and bank account.

 

[mrsTF]

He can work remotely for a person, or company that is outside of Canada, without needing a work permit. The person or company cannot have a presence in Canada (meaning also having an office, or division in Canada) and he must be remunerated from outside Canada as well.

Ponga, that is exactly what is happening, he works for a company from outside Canada, but as a contractor and pay is low, but not sure how this would help.