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Visitor first then applying under Common Law or Conjugal Partner

MsSnickers

Member
Jun 24, 2010
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Florida
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I could use some advice or information from any that can help with this. My sweetheart and I want to live together in Canada, but for now the only way we can do this is for me to just come there from the US (as a visitor), stay with him and then apply for an extension to remain in Canada with him before the 6 months runs out. We are hoping that doing it this way will give us a year of the required living together, so that we can apply for either Common Law or Conjugal Partner for me to become a PR. Our plan prior to that is for us to save enough money in this next year before I come, that we won't have to worry about me working until I can become a PR. Obviously, there are pros and cons to this idea, but we are out of options and it seems to be the only way to be together.

I have tons of other questions running around in my head concerning a move like this, but those seem a bit pointless until we know for sure that this plan could work. I would love to hear from any that have done this and their experience with it.
 

RobsLuv

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Jul 14, 2008
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OK, this is going to seem contradictory - but speaking from experience, here goes.

Conjugal partner almost never works for US/Canada couples. The conjugal partner category waives the co-habitation requirement of the common-law qualification because of exceptional circumstances. Section 5.45 of the OP2 Processing Manual says this: This category was created for exceptional circumstances – for foreign national partners of Canadian or permanent resident sponsors who would ordinarily apply as common-law partners but for the fact that they have not been able to live together continuously for one year, usually because of an immigration impediment. In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, i.e., they have been in a bona fide conjugal relationship for a period of at least one year. Because of Supreme Court decisions, the choice not to marry is a constitutionally protected choice. Thus, CIC cannot require couples to marry in order to immigrate. However, if they are not married, they must be common-law partners. There is NO provision for fiancé(e)s or “intended common-law partners” in IRPA. If a Canadian and a foreign national can get married or can live together and establish a common-law relationship, this is what they are expected to have done before they submit sponsorship and immigration applications.

So, on the one hand, you're right to pursue common-law qualification - if you can't get married. (If you can get married, make it easy on yourselves and do that.) The problem is that CIC is not going to be helping you accomplish c/l qualification by automatically extending your six months status to another six months just so that you can qualify to apply for permanent residence as a c/l partner. Part of how they do this is they avoid documenting US citizens when they enter Canada to "visit". Once you're admitted, you're allowed to stay for up to six months, and this is pretty much on the honor system . . . they will not give you proof of when you entered the country. This makes it hard to apply to extend. If you do get proof of your entry, and you apply to extend before your 6 months status expires, you've got to have a valid reason for staying - and staying so that you qualify to apply for PR as a common-law partner won't fly. If they wanted to allow foreign nationals to come into the country and simply live with a Canadian partner for a year in order to become common-law so they can qualify to apply for permanent status, they wouldn't limit stays to 6 months!

Your best option, really, is to leave Canada just before your six months is up and then try to re-enter for another six months. Problem is, there are no guarantees that you'll be readmitted - again, especially if they get the idea that you're trying to live with your boyfriend so you can qualify to apply for PR. The second issue is that you really need to be careful in documenting your evidences of common-law qualification if you do manage to stay in Canada for a year . . . and you also need to be mindful of what you will do once the one year qualification period is up - because that's just the beginning of the wait. What's important to understand is that the common-law category was designed to allow Canadians to sponsor someone who is already their common-law partner. You're looking at another 6-12 months, potentially, before your PR application is finalized . . . still without being able to work. From someone who's been there: this can be very stressful on the relationship and the finances. I don't recommend that you apply inland AT ALL - apply outland. Some people make the mistake of thinking they have to apply inland because they have to in order to substantiate the co-habitation . . . but inland and outland processing isn't so much about where the applicant is living - it's really only about which processing office is going to assess the application. Your evidences are what prove your common-law qualification - not which CIC office processes your application.

So think carefully about how to proceed and, as I mentioned earlier: if there's nothing prohibiting you from marrying, you'll do yourselves a favour considering it.
 

MsSnickers

Member
Jun 24, 2010
17
6
Florida
Job Offer........
Pre-Assessed..
Thanks for your response RobsLuv :)

The marriage idea IS the best one, but can't happen as he is not divorced (he has been separated for 2 yrs).

"Part of how they do this is they avoid documenting US citizens when they enter Canada to "visit". Once you're admitted, you're allowed to stay for up to six months, and this is pretty much on the honor system . . . they will not give you proof of when you entered the country. This makes it hard to apply to extend." It does happen though, right?

"If you do get proof of your entry, and you apply to extend before your 6 months status expires, you've got to have a valid reason for staying - and staying so that you qualify to apply for PR as a common-law partner won't fly."
Understood, but obviously people do it and I am wondering what "reason" do they give that would be accepted? And it can be done without the proof of entry? Is there anything else I could do to "prove" when I came there?

"Your best option, really, is to leave Canada just before your six months is up and then try to re-enter for another six months." Leave for how long would you say?

And yes, the evidence and documentation part we are aware of and prepared to have all of that.
 

Patricksgirls

Star Member
Oct 31, 2010
180
7
I was in your same boat however we are waiting for divorce to be finalized (on my US end) and then get married and file outland. I can tell you that I stayed three months, crossed the border to US for two weeks and then tried to re-enter and got a visitor record for only two weeks stay in Canada again which is not even enough time to apply for an extension. Now we have been advised by people on here and an immigration attorney to apply outland and cross with copies and hope the IO will let me in for six months.
Also if you apply inland from the U.S. they will most certainly question you since there is no record of your coming and going. Plus you would be looking at close to three years from the time you start common law to the time you get your PR status. That would be at least one extension before you apply because crossing the border and re entering does get risky for your plan