Worried about common-law SOWP application from India

[aster0id]

My partner with whom I've been for 3+ years, and have been living with her for around 1.5 years, got admission into a reputed PhD program. We are planning to apply through the SDS route for her Study Permit. I want to accompany her on a SOWP as her common law partner, and I understand that I will have to submit a lot of documents to prove our relationship, which I am happy to do. However, I am worried that the India visa office might reject our application because virtually no one in India applies for a common-law work permit visa, and living together without marriage is very rare and sometimes frowned-upon here, especially by the older generation. How likely is it that the visa officers show prejudice against us and reject my SOWP application? Or worse, her SP application? And if so, do I have any recourse?

 

[scylla]

My partner with whom I've been for 3+ years, and have been living with her for around 1.5 years, got admission into a reputed PhD program. We are planning to apply through the SDS route for her Study Permit. I want to accompany her on a SOWP as her common law partner, and I understand that I will have to submit a lot of documents to prove our relationship, which I am happy to do. However, I am worried that the India visa office might reject our application because virtually no one in India applies for a common-law work permit visa, and living together without marriage is very rare and sometimes frowned-upon here, especially by the older generation. How likely is it that the visa officers show prejudice against us and reject my SOWP application? Or worse, her SP application? And if so, do I have any recourse?

The visa officers follow Canadian laws and not Indian laws since you are applying to come to Canada. Per immigration rules, you are common law once you've lived together for at least 1 year continuously and therefore qualify for a SOWP. Your country of origin is irrelevant.

If you run into any issues with the SOWP, it will be due to other factors. For example, if you don't have evidence to prove cohabitation (e.g. joint lease, joint property ownership, joint bank accounts, etc.), that could be an issue. SOWPs are also not guaranteed to be approved for spouses and common law partners and are sometimes refused for lack of ties to the home country, insufficient funds, etc.

 

[aster0id]

The visa officers follow Canadian laws and not Indian laws since you are applying to come to Canada. Per immigration rules, you are common law once you've lived together for at least 1 year continuously and therefore qualify for a SOWP. Your country of origin is irrelevant.

If you run into any issues with the SOWP, it will be due to other factors. For example, if you don't have evidence to prove cohabitation (e.g. joint lease, joint property ownership, joint bank accounts, etc.), that could be an issue. SOWPs are also not guaranteed to be approved for spouses and common law partners and are sometimes refused for lack of ties to the home country, insufficient funds, etc.

Thank you so much for the reply! This does calm my nerves a bit.

I have about 45k cad saved up, mostly in stocks, mutual funds, and fixed deposits. I also have a 2 wheeler personal vehicle. My mother is a single parent and is aging, and I'm planning to come back for her. Will these be enough reasons to show that I am willing to come back? I'm mostly going because I've been with my partner for too long to stay apart for 5 years now. I've never travelled outside my country though. Could that also be a point of contention?

 

[scylla]

Thank you so much for the reply! This does calm my nerves a bit.

I have about 45k cad saved up, mostly in stocks, mutual funds, and fixed deposits. I also have a 2 wheeler personal vehicle. My mother is a single parent and is aging, and I'm planning to come back for her. Will these be enough reasons to show that I am willing to come back? I'm mostly going because I've been with my partner for too long to stay apart for 5 years now. I've never travelled outside my country though. Could that also be a point of contention?

Yes, lack of travel history (specifically to countries requiring visas such as the UK or US) can be a reason for refusal. But of course not necessarily a deal-breaker.

Vehicles really aren't ties. I wouldn't bother including that. Property is a strong tie.

Spend time reading throught the SOWP threads in this forum to see how people have put together their applications. That's the best way to educate yourself and put together the strongest application you can.