Spousal Sponsorship HELP!!

[Pollination21]

My boyfriend and I are Jamaican's and have been together since 2007 (I was 16 and he was 17), he recently moved to Canada as a PR on December 16, 2012. It is very hard being away from each other. I recently visited him in May 2013 and he wants me to move in with him and would like to sponsor me under common-law, we are not ready to get married just yet because we feel we have not reached full independence but would like to get on track to it.

His parents purchased a home for him however he has no job just yet but is currently searching, we both will be receiving money from our parents to support ourselves until we can.

We also have tons of photos from over the years with family and friends, as well as cards and gifts we've shared, witnesses of our relationship (friends & family), messages (texts, whatsapp, Skype, FB).

Our questions are:

1) Would filing under common law be a good idea and what are the chances of success with him being out of a job?

2) If we submit our application i am aware i am not permitted to work but would I be able to study?

3) Would it be a good idea to travel on my visitors visa for 6 months and get it extended so we would have lived together for 1 year to file under common law?

4) Would financial support from our parents be sufficient to satisfy the immigration officers?

 

[Alurra71]

Let me see if I can answer any of these for you ....

1. I would assume he will have a job by the time 12 full months have passed by. If he does not, then it shouldn't matter as they don't really look at income provided you both have a good solid plan on how to support yourselves.

2. No, you won't be permitted to work or study unless you come to Canada with a valid study permit.

3. You have to live together for a full 12 months before you file your application. If you two have lived together previously then I suggest you don't mention it because then he should have claimed you as his common law partner on his PR application and because he did not, that would negate his ability to sponsor you now and also put his PR status in jeopardy.

4. Financial support from your parents or both sets of parents won't matter. See my answer for question #1


I'm sure there are others out here with more knowledge than I, but this should get you started.

 

[Pollination21]

If i go to Canada for 6 months how do i fulfill the next six months in order for it to be a year of living together? Do i stay illegally? What are our options?

 

[scylla]

You apply to extend your visitor visa for another six months.

 

[Pollination21]

Is it guaranteed to get it for another 6 months?

 

[scylla]

Is it guaranteed to get it for another 6 months?

No - there's never a gurarantee. However there's certainly a very good chance if you say that you are working towards qualifying for common law.

 

[Pollination21]

I was unaware that you could mention working towards common-law in an application for an extension for a visitor visa.

 

[Pollination21]

If you apply for common-law and have been refused what are the consequences? And if later we decide we want to get married would those same consequences affect getting married?

 

[canadianwoman]

Did you live with him for 12 months before he went to Canada? Everything depends on this answer. Or were you two dating, but each living with your own parents or at least not together?

 

[Pollination21]

We did not live together before he left for Canada, we both lived with our parents up until the point he left and yes we were dating, 2007-present.

 

[canadianwoman]

No problem then.