Spouse/Common-law

[DarkDragons91]

Hello, I just wanted to ask a few questions but first a little background.

I lived with my boyfriend almost a year now. September 6 is when my visitor status ends and mars 1 year that I lived with him. We were going to apply for PR inland but some things came up so I have to go back home. Me and him have been together online for around 7-8 years, sadly I can not get documented prove this as we were kids and I didn't end up saving all the late night convos we had back then. New laptops and things like that erased said evidence. What I do have is evidence of plane tickets of him coming to america and then me living with him for a year. I am hoping that is enough.

Both me and my boyfriend were wondering if it would be better to get married before I leave?
Me and him planned on getting married later in the future but don't mind getting married at the present if it would help with the outland application to come back.

 

[Rob_TO]

As long as you have 12 continuous months of cohabitation (so Sept 6, 2012 - Sept 6, 2013), AND you have ample proof of that cohabitation (shared lease/rental agreement, shared bills, common address on mail, joint bank/credit card, joint life insurance, testimonial letters from landlord/friends/family saying you lived together, etc etc), then you should have no problems applying as common-law.

Once you establish common-law, then you are allowed to return back to home country and your bf stays here, while the outland application is in progress.

Make sure on Sept 6 your bf also changes his status with the CRA to common-law for his taxes, and you can print that off as proof and add it to your application. Same thing if he has insurance benefits with his work employer, and can add you as common-law spouse to his plan.

 

[DarkDragons91]

Thanks for the info, I was wondering really if getting married will help at all?

 

[Rob_TO]

Thanks for the info, I was wondering really if getting married will help at all?

Applying as a married couple is a little bit easier than common-law, since there is no question on whether you are married or not. The marriage certificate would prove it. With common-law you have to prove you cohabited for 12 months, so there is some extra effort there in the application.

If you have little or no proof of cohabitation and you think proving common-law would be hard, then it might be a good idea to get married. But if there is lots of proof of common-law and living together, then really it should make no difference. In the end you still have to prove a genuine relationship no matter how you apply. Just because you're married doesn't mean an automatic approval, as there are lots of cases where married couples are rejected because the VO thought the marriage was only for immigration purposes.

 

[DarkDragons91]

Thanks Rob, . We wanted to get married sometime in the future anyways. Thanks for all the info.

 

[DarkDragons91]

"Make sure on Sept 6 your bf also changes his status with the CRA to common-law for his taxes"

I was wondering how we do that. Do we need to call someone?

I am also worried about money issues. He doesn't work to much because he is full timing University. So how would we go about him sponsoring me?

 

[Rob_TO]

"Make sure on Sept 6 your bf also changes his status with the CRA to common-law for his taxes"

I was wondering how we do that. Do we need to call someone?

You can do it all online. See here for CRA "my account" page: http://www.cra-arc.gc.ca/myaccount/ , and go to the "register" button.
Once you register and get access to your account, you can simply change status from single to common-law (or married) online. No need to talk to anyone.

I am also worried about money issues. He doesn't work to much because he is full timing University. So how would we go about him sponsoring me?

There is no financial or income requirement for sponsors under spouse/partner family class. Sponsor needs to include their Option C printout from CRA which will show last years income, but even if this is very low or even $0, it is ok. You could just include a note saying he's finishing university, and that after graduating he expects to get a full time job in his field.

 

[DarkDragons91]

Thank you so much for all the info. It really has helped us clear up some things we needed to know.

Now that I am doing an Outland application though, I was wondering how to go about doing that? Will I have to send it somewhere different then the inland application???

I was also wondering will I be able to apply for a open work permit also. I know inland you can send the application with the whole PR packet. Is it the same with outland?

 

[Rob_TO]

Now that I am doing an Outland application though, I was wondering how to go about doing that? Will I have to send it somewhere different then the inland application???

You send the entire application to CPC-Mississauga. All of this is explained clearly by reading the forms for outland apps on CIC website - http://www.cic.gc.ca/english/information/applications/fc.asp

I was also wondering will I be able to apply for a open work permit also. I know inland you can send the application with the whole PR packet. Is it the same with outland?

No, there is no open work permit associated with outland apps.

 

[DarkDragons91]

Alright, thank you very much

 

[DarkDragons91]

I was wondering if I have to send in the Representative part of the application? I am doing this all by myself.

Also I do not have any children or family moving to canada with me. So dod I need to send the Additional Dependatns and Additional Family info?

 

[opmama]

I was wondering if I have to send in the Representative part of the application? I am doing this all by myself.

Also I do not have any children or family moving to canada with me. So dod I need to send the Additional Dependatns and Additional Family info?

Ignore me and pay attention to the much better advice below

 

[canadianwoman]

I was wondering if I have to send in the Representative part of the application? I am doing this all by myself.

Also I do not have any children or family moving to canada with me. So dod I need to send the Additional Dependatns and Additional Family info?

If you want your boyfriend to be your representative, you can use the Representative form for that. It is a good idea if you come from a country where the mail system is not very good - if he is your representative, the visa office and CIC will send correspondance to him. If you don`t want him to be your representative, and don`t want any other representative, you don`t need to fill out the form.

You don`t need the Additional Dependants form. However, you do need to include the Additional Family form: it is for everyone, and everyone they ask about should be listed, even if they are already Canadians, already have a PR, have no intention of ever immigrating to Canada, or are deceased. So you will have to list your boyfriend (your common-law partner), your parents, any children, and all siblings including half-siblings and step-siblings.

 

[DarkDragons91]

Thanks very much