When do we begin application for Sponsorship/PR as Common Law wife?

[soozy777]

Hi can anyone help please?

I am a UK citizen currently living in Canada with my Canadian boyfriend on an extended 6 month visitor's visa, which when added to my initial 6 month visa reaches the 12 month period required to apply for PR/Sponsorship as a Common law couple.

I have read CIC Immigration many times over, but cannot find anything on when the right time is to apply for Sponsorship/PR? Is it after the 12 month period proving Common Law status, in which case do I need to apply for a further 'extension of stay' and then do the paperwork?
Or, do we apply for PR/Common Law before the 12 month period is up, in which case would I be granted permission to stay whilst the paperwork goes through?
I hope someone can advise me so I can prepare in advance and take the right course of action.

Thanks

 

[YorkFactory]

Until you've lived together for a year or more, you aren't common-law partners, and thus you wouldn't be a member of the family class.

 

[Suin]

Common-law partner

You are a common-law partner—either of the opposite sex or same sex—if:

* you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)

You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:

* joint bank accounts or credit cards
* joint ownership of a home
* joint residential leases
* joint rental receipts
* joint utilities (electricity, gas, telephone)
* joint management of household expenses
* proof of joint purchases, especially for household items or
* mail addressed to either person or both people at the same address.


http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp#common_law

 

[iarblue]

Yes you will need to get another extension.As you can not apply until your most recent visa is expired.After 12 months,cause it will look pretty unsure if you apply right on the 12 month mark right.

 

[whoopi83]

It is irrelevant if you apply on the 12 month mark or afterwards. Don't let people scare you. Check out my earlier posts which show how we did it.

Good luck!

 

[rjessome]

Yes you will need to get another extension.As you can not apply until your most recent visa is expired.After 12 months,cause it will look pretty unsure if you apply right on the 12 month mark right.

God! Be careful what you are telling people! DON'T apply for an extension AFTER you most recent visa is expired! Because then you have to apply for Restoration costing you more money and then an extension. Apply just before it expires.

Look, I don't mean to be harsh but what if someone was reading this and thought, ok, I wait till my current visa expires and then apply for a new one. You probably meant "just before it expires" but you really have to say that. Not everyone reading this stuff posts on here or asks questions.

 

[iarblue]

God! Be careful what you are telling people! DON'T apply for an extension AFTER you most recent visa is expired! Because then you have to apply for Restoration costing you more money and then an extension. Apply just before it expires.

Look, I don't mean to be harsh but what if someone was reading this and thought, ok, I wait till my current visa expires and then apply for a new one. You probably meant "just before it expires" but you really have to say that. Not everyone reading this stuff posts on here or asks questions.

What i said was she has to get an extension as she cant apply for the sponsorship before the 12 mopnth mark i did not tell her that she can apply for an extension after her visa expires. I said she will have to get another extension as she asked as her visa expires on the 12 month mark and she needs the extension before she can apply for the sponsorship..

 

[soozy777]

Hi and thanks everyone for your replies

I hope I've understood you correctly? We cannot apply for PR/Sponsorship until our period of co-habitation for Common Law status has reached the full 12 month period?
Therefore, I will need to apply for a further Visitor Visa extension before my current one expires in October. What is the likelyhood of getting this Visa extension? (which will be my 2nd), and if granted can I apply for PR/Sponsorship as soon as I receive it?

Thanks again!

 

[rjessome]

No one can really give you the likelihood of success regarding the TRV. It will depend on the strength of your application. You can apply as common-law as soon as you meet the requirement of living together in a conjugal relationship for 12 consecutive months, regardless of whether you have received the TRV or not.